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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 (CNS) - This fall could bring dangerous wildfire conditions to San Diego and surrounding areas of the county, according to a report scheduled to be delivered Monday to the City Council's Public Safety and Livable Neighborhoods Committee.In his presentation, San Diego Fire-Rescue Department Chief Brian Fennessy notes that winter rains promoted more grass growth than usual throughout the city. That grass has since dried out, he said.RELATED: Cal Fire uses new technology to help with upcoming wildfire seasonThe chief also said the long-range weather forecast calls for little to no rainfall."With the dry vegetation, high temperatures, low humidity and high easterly winds, the next three months could be very busy for all fire stations within the city and throughout the entire county," Fennessy wrote. "If the fires occurring in the north and central part of the state (are) any indicator of what is to come for San Diego, we could be in for an extremely active and potentially dangerous three months."Through Sept. 10, Cal Fire has responded to more than 5,100 fires throughout the state this year, which have scorched over 229,000 acres. The five-year average for the same time period is almost 3,900 blazes and 156,000 acres, according to data from Cal Fire, which provides fire protection outside major cities.RELATED: Largest fires in San Diego County historyWhile the conditions for wildfires could be risky, the department is adequately staffed and equipped to respond to blazes that break out, Fennessy said. He said the SDFRD has a dozen brush engines, two water-dropping helicopters and access to the San Diego Gas & Electric heli-tanker.City crews have also been inspecting properties along canyon rims for overgrown brush, he said.RELATED: Teen suspected of starting massive Oregon wildfire, state police say 1862

SAN DIEGO (KGTV) - A group of San Diego politicians presented a plan to White House officials Tuesday to finally address the flow of sewage from Mexico into U.S. waters.The centerpiece of the proposal is a 4 million treatment facility that would be able to process 163 million gallons of runoff a day.Local officials estimate the facility would be able to reduce the number days that sewage flows across the border from 138 to 12.“That’s 12 days more than it should be, but its certainly a lot better than the current situation is,” said San Diego Supervisor Greg Cox.He traveled to Washington for a meeting with White House officials on Tuesday, along with a delegation including San Diego Mayor Kevin Faulconer, Imperial Beach Mayor Serge Dedina and Port of San Diego Chairman Garry Bonelli. “We had a very good meeting,” reported Cox. “They were very impressed. The gentleman from the EPA, who’s in the best position to move the ball forward with us, said he’d never seen a more united effort coming from San Diego to deal with this problem.”Officials are looking at three potential funding sources. One would require Congress to pass a series of bills that would allocate .5 billion to the North American Development Bank (NADBank.)Money from NADBank can be used for the financing of infrastructure and water pollution projects on both sides of the border.A second option would also require an act of Congress, approving HR 4039 introduced by Rep. Mike Levin (D-CA.) The bill would allocate 0 million a year for five years to the EPA’s Border Water Infrastructure Program (BWIP.) Money from that account could also be used to fund the project.The third potential funding vehicle would be an increase to the International Boundary and Water Commission budget. Money for the IBWC is determined in agreements and treaties between the two countries. 1865

SAN DIEGO (KGTV) — A group of Brightwood employees have sued the for-profit’s parent company, alleging they did not receive the legally required 60-days notice before the school abruptly shut down Wednesday.The suit, filed in Delaware, location of Educational Corporation of America, says the company violated the Worker Adjustment and Retraining Notification Act. In California, failing to do so requires back pay, medical expenses, and a civil penalty of 0 a day.Brightwood shut down Wednesday after it lost an accreditation, amid strict new requirements from the Department of Education.RELATED:Brightwood College layoffs may have violated state lawBrightwood College announces sudden closure amid accreditation, financial turmoil“We are assessing what the next step of the company is going to be, many believe there is going to be a bankruptcy filing,” said Jack Raisner, the attorney representing the former workers. Meanwhile, students in San Diego are still seeking answers as to what’s next. They came to the Brightwood campus on Balboa Avenue en masse on Friday for an impromptu meeting with at least one administrator and officials from two visiting colleges. Media was not allowed in.“It sounds credible, but again it’s still all in the works,” said Brian Wentz, a licensed vocational nursing student. “We still need to meet with the financial advisers and feel what’s going on, how everything’s going to transfer, it’s still pretty new to all of us.”Under state law, the students are entitled to request a transfer and/or tuition reimbursement, the latter could require giving up credits already earned. 1626

SAN DIEGO (KGTV) -- A Carlsbad company is contributing to Australia's relief efforts for some of the country's most vulnerable victims.North San Diego County's Oska Wellness sent several devices to an animal hospital in New Wales. Its goal is to help offer pain relief for severely burned koalas. The device, the Oska Pulse, uses electromagnetic pulses to help damaged cells heals. The goal is to speed up the recovery process to allow the animals begin rehabilitation sooner. 487

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