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SAN DIEGO (KGTV) - A former San Diego agent with Naval Criminal Investigative Service (NCIS) is blowing the whistle on what some people say is a potentially deadly firearm loophole involving active-duty members of the military. For more than a year, Team 10 investigative reporter Jennifer Kastner has pressed local military officials for answers about its mentally ill patients.The expressed concern is that this alleged loophole could contribute to suicides or even mass shootings. Naval Medical Center San Diego (Balboa Hospital) is San Diego's biggest military medical facility. Balboa Hospital spokespersons tell 10News that the hospital is following federal law. However, state law is different and some people believe that the difference could have fatal consequences."I hope people see this. I hope people are upset. I hope people are worried," says Joel Mullen, the newly retired NCIS agent. Mullen is finally going on-camera with 10News, now that he's no longer working for federal law enforcement. 10News first met Mullen last year, when he wanted to open up about what he calls a major loophole in the military mental health system that some people believe could put weapons in the hands of suicidal or homicidal people."What would have happened to you [if you] had you come to talk to us while you were still working for NCIS?" 10News asks Mullen. "The F.B.I. got a hint that I was talking to you and [my] supervisor basically threatened to kick me off the [Joint Terrorism Task Force]," he replies.Loopholes and lapses in background checks have played a role in America's mass shootings.Take the case of 2017 Sutherland Springs church massacre where 26 people died. The former airman's history of domestic violence had banned him from legally buying a gun, but he did so anyway because the Air Force reportedly failed to have his criminal history submitted to the federal database for background checks.Mullen says that people need to be looking at a different loophole that involves mental health, which will be explained in this story. To date, it has not contributed to any shootings that 10News is aware of. Mullen believes it's only a matter of time."I hope to God it gets fixed before somebody dies," he says.If you're a civilian in California and you've been admitted to a hospital on an involuntary mental health hold (commonly known as a "5150"), California law generally bans you from owning firearms for five years, although you can later petition state court to restore your access. According to California law, the hospital has to report your information to the California Department of Justice using a portal called the Mental Health Reporting System. The California Department of Justice is then required to give your information to the F.B.I.'s National Instant Criminal Background Check System, known as NICS. That's the federal database that gun sellers can access to verify whether potential buyers are eligible to purchase guns.If you're banned from owning a gun, NICS will warn the seller. If you're an active duty service member admitted to Balboa Hospital on an involuntary mental health hold, the hospital notifies your commanding officer and a treatment plan is made. If there's fear that you may harm others, law enforcement may contact you. However, Balboa Hospital does not send your information to the California Department of Justice. Subsequently, the California Department of Justice does not submit your information to NICS. It means that once you're discharged from Balboa Hospital, there's no record of you in NICS. So, a gun seller who is accessing NICS has no way of knowing about your mental health history if you go to buy a gun. "Every day that this loophole exists, we run the risk of someone getting killed or a mass shooting happening," says Mullen.He explains that it's no single agency's fault. The problem is that state law and federal law don't sync up.Balboa Hospital referred 10News to the U.S. Department of Defense (DoD) which sets the policy for all U.S. military medical facilities. The DoD responded to 10News with a statement reading in part, "With regard to NICS, the DoD is following federal law as it pertains to mental illness." The federal law requires due process to restrict access to firearms, but the DoD says that an involuntary inpatient admission to a military facility "is based solely on a medical finding, without an opportunity for a hearing by a court, board, commission, or other lawful authority.""You have to have due process. That is what the federal side is lacking," Mullen adds."There are [Balboa hospital] mental health providers who have come and said, 'I want to put this person on a weapons prohibition. How do I do it?' [but] there was no way for them to do it," he tells 10News.10News was given a copy of an email from a senior Balboa Hospital official, which reveals that even three years ago, the matter was investigated. The 2016 email reads in part, "The Navy (Bureau of Medicine and Surgery) is exploring whether a military treatment facility or a military mental health provider can report directly to NICS, the F.B.I.'s National Instant Criminal Background Check System. To date, approval for such direct reporting has not been given by higher authority."In part of a statement to 10News, the Navy Bureau of Medicine says the health of its members is a top priority, and those on involuntary holds are only discharged when they're no longer deemed dangerous. Part of a statement to 10News reads, "Topics of discussion include providing assistance to the member to set and attend follow-up mental health appointments, plan for return-to-duty including possible limitations to duty and signs of possible new or recurring distress..."The DoD did not answer 10News' question about any plans to make policy changes."The military trains people very well but if there's some sort of mental illness where they might be prone to more violence, they have more training than the average person and that makes them more dangerous than the average person," says Mullen.He tells 10News that systemic change can only happen if the DoD updates its federal policy, but it will first require a member of Congress to bring the issue to the nation's capitol.If you need mental health resources for current or former service members or their families, San Diego County has free resources. Visit Courage to Call for information: https://www.courage2call.org/The full statements provided to 10News by the Navy Bureau of Medicine and the DoD are below.DoD statement:Department of Defense Instruction 6490.04 "Mental Health Evaluations of Members of the Military Services" allows the Secretaries of the Military Departments to develop internal policy on active duty service member involuntary psychiatric hospitalization procedures. The instruction allows a Commander initiated referral for a service member to have a mental health evaluation. This instruction states "An involuntary inpatient admission to an M.T.F. is appropriate only when a psychiatrist, or, when a psychiatrist is not available, a physician or another M.H.P. with admitting privileges, makes an evaluation that the Service member has, or likely has, a severe mental disorder or poses imminent or potential danger to self or others".With regard to NICS, the DoD is following federal law as it pertains to mental illness. An involuntary inpatient admission to a military facility does not meet the requirements of 18 U.S.C. 922(g)(4) because the admission is based solely on a medical finding, without an opportunity for a hearing by a court, board, commission, or other lawful authority.18 U.S.C. 922(g)(4) states, "Any person who has been "adjudicated as a mental defective" or "committed to any mental institution" is prohibited under Federal Law from shipping, transporting, receiving, or possessing any firearm or ammunition". According to federal regulations, a person has been "adjudicated as a mental defective" if a court, board, commission, or other lawful authority has determined that he or she, as a result of marked subnormal intelligence, mental illness, incompetency, condition, or disease meets one of the following criteria:? Is a danger to himself, herself, or others.? Lacks the mental capacity to contract or manage his or her own affairs.? The term "adjudicated as a mental defective" is defined to explicitly include a finding of not guilty by reason of insanity or incompetence to stand trial.Federal regulations define a person as "committed to a mental institution" if a court, board, commission, or other lawful authority has formally committed him or her to a mental institution. The term is defined to include involuntary commitments, but does not include persons who are admitted to a mental institution voluntarily or for observation.Navy Bureau of Medicine statement:"Overall, the health and well-being of sailors, Marines, reservists, their families, and retirees is our top priority. Well-targeted mental health treatment and prevention programs are essential elements in resilience and recovery, and form the cornerstone of Navy Medicine's approach to care. In involuntary military hold situations, discharge plans are made only when evaluations determine that the member is no longer deemed a danger to self or others. The treatment team works closely with the command during hospitalization and provides guidance and a plan for after leaving inpatient treatment. Topics of discussion include providing assistance to the member to set and attend follow-up mental health appointments, plan for return to duty including possible limitations to duty and signs of possible new or recurring distress such as lack of social support, changes in life circumstances, legal problems, financial problems, and problems in relationships. The command and the member's mental health provider continue discussions to follow and evaluate the plan to monitor and help the sailor." 9956

SAN DIEGO (KGTV) --  A federal judge ordered that the Trump administration reinstate the Deferred Action for Childhood Arrival program, also known as DACA. The DACA program - which protects nearly 800,000 undocumented immigrants brought to the United States as children from being deported. While the decision has been made, it won't be an easy road for the people involved. The restart is delayed until August 23, to allow the government time to appeal Judge John Bates' decision.  For Dreamers like Ali Torabi, Friday's win is just the latest in the political tug of war.RELATED: San Diego Dreamers heading to the Capitol“I was preparing for, in the next four days, the complete opposite," Torabi said. He believed he might be deported. "I was actually working on my med school applications, and I was like, ‘I need to get my things together now.’”Torabi is a DACA student from Iran and a 22-year resident of San Diego.  He said Judge Bates' decision is huge for the undocumented immigrants protected by the program. But being in constant limbo can be emotionally draining. "Having this back and forth, where one day we don’t know if we’ll have any protection and were up to be potentially deported or detained, to telling us, well yea we’ll keep the protections...it’s difficult," he said. "I’m not going to lie to you, it’s emotionally difficult.”It isn't over yet. Judge Bates ruling could conflict with another decision on the program -  expected to be ruled on by a federal judge in Texas by as early as next week.The Texas Attorney General calls the program unconstitutional because it came from an executive order.“It invites future presidents to ignore the law, ignore the will of the people, and set their own policies on the second amendment, privacy rights, drug laws, or any other important issues debated in Congress," said Texas Attorney General Ken Paxton. Torabi said he has hope. But getting to the finish line, "It’s exhausting, it really takes a toll on your mental health, on your emotional health, and we’re just getting tired of it.”   2132

SAN DIEGO (KGTV) - A broken water line in Tijuana sent a mixture of potable water and untreated sewage across the U.S.-Mexico border. The 7.8 million gallon spill, which started Sunday night at 7:30 p.m., was stopped Monday afternoon, according to a spokesperson from the International Boundary Water Commission.A spokesperson for the IBWC said the 16-inch potable water line broke near Agua Caliente Blvd. in Tijuana. The ruptured portion of the pipe has been repaired.Mexican water officials shut down Tijuana’s pump station because the water flow exceeded the station’s capacity, the IBWC said. “Water and untreated waste water continues to flow into the United States,” said IBWC officials.County Beach and Bay Monitoring Program staff members tell 10News the flow was stopped before it could impact local beaches and there is no risk at this time. 860

SAN DIEGO (KGTV) – A driver was shot while traveling on a Clairemont street Thursday night, according to police.At around 10:30 p.m., a man was driving in the 5800 block of Chateau Drive when he was hit by gunfire, San Diego police said.ABC 10News learned the injured man was able to drive a few blocks before the SUV crashed into an electrical box in front of San Diego Fire-Rescue Station 36.Firefighters and paramedics at the station heard the crash and rushed to help the victim, who had at least one gunshot wound on his upper body.The unidentified victim was taken to Sharp Memorial Hospital, but his condition is unknown as of 9 a.m. Friday.Police said witnesses reported seeing a silver 4-door sedan leaving the shooting scene. 743

SAN DIEGO (KGTV) — A connecting trolley line to San Diego's airport has taken another step closer to reality.Mayor Kevin Faulconer and Acting Navy Secretary Thomas Modly signed an exclusive agreement at the Pentagon Thursday to redevelop the former SPAWAR facility, now "NAVWAR," into a transit hub. SANDAG and Navy plan to collaborate on a hub similar to "Grand Central Station" adjacent to the airport, as well as a modernized complex for Navy use."This new agreement is built on San Diego's strong naval heritage," Faulconer said. "The fact that it was signed by the Acting Secretary of the Navy inside the Pentagon sends the undeniable message that there is momentum and energy in both Washington, D.C. and San Diego to do something truly special with this property. It marks a huge next step in revitalizing this area into a civic asset that serves the U.S. Navy, the community and our regional transportation network."According to SANDAG, one option being explored last year would support housing, retail, and office space. The hub would include a "state-of-the-art transportation center with a direct connection to the airport" and connections to MTS Trolley and rail services, and bus routes.RELATED:Officials, Navy sign pact on potential 'Grand Central Station' for San DiegoSPAWAR area could be missing link to San Diego's airport transitSANDAG leaders unveil bold vision for future of public transit in San DiegoThough, what that facility looks like before shovels hit the ground hasn't been revealed. The project could potentially run an estimated .8 to .7 billion, according to City News Service. Some of that funding could come from the San Diego County Regional Airport Authority, which signed a 10-year agreement with airlines to fund airport public transportation.In September 2019, SANDAG officials and then-Navy Secretary Richard Spencer signed a memorandum of understanding to explore their visions for the 72-acre site off Interstate 5.Currently the site is home to more than 5,000 personnel, including Naval cybersecurity and information officials with Naval Information Warfare Systems Command. A portion of the World War II-era complex is also used for lab and storage space. 2211

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