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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 father and daughter were taken to the hospital for injuries related to an apartment fire in Carmel Valley Tuesday afternoon. According to the San Diego Fire-Rescue Department, firefighters were called to an apartment complex on the 12000 block of Torrey Bluff Drive around 4:30 p.m. The department says the man was taken to the hospital with burns to his hands and face while his daughter was hospitalized for smoke inhalation. The fire was reportedly contained to only one room of the apartment. Preliminary investigations revealed that the blaze may have been started by some sort of device the father was using to smoke. Video from Sky10 shows firefighters entering the second floor of the apartment complex after extinguishing the flames. Watch the video in the payer below: 809

SAN DIEGO (CNS) - The San Diego-based owners and operators of the conservative One America News Network filed a million defamation lawsuit Monday against MSNBC and political commentator Rachel Maddow for saying on air the network ``really literally is paid Russian propaganda.'' The lawsuit filed in San Diego federal court by Herring Networks Inc., owners of the One America News Network -- or OAN -- calls Maddow's on-air statements ``utterly and completely false'' because OAN ``is wholly financed by the Herrings, an American family'' and ``has never been paid or received a penny from Russia or the Russian government.'' Maddow and MSNBC could not immediately be reached for comment. Maddow made the statements during a July 22 segment of her show, in which she cited a Daily Beast article stating that an OAN on-air reporter was ``on the payroll for the Kremlin.'' Herring Networks' court papers say the reporter, Kristian Rouz, is originally from the Ukraine and started his journalism career by writing articles for Sputnik News, which is affiliated with the Russian government. According to Herring Networks, Rouz was merely a freelancer for Sputnik who selected his own article topics for submission, and his work there had no significance toward his work for OAN. OAN demanded a retraction of Maddow's statement, according to the suit, which says that an attorney for NBC Universal refuted that Maddow's use of the word ``literally'' was not simply a figure of speech. The Herrings' attorney, Skip Miller, said in a statement that ``One America is wholly owned by the Herring family in San Diego,'' who he called ``as American as apple pie.'' Regarding Maddow's statements, Miller said, ``This is a false and malicious libel, and they're going to answer for it in a court of law.'' The suit also accuses Comcast, which owns MSNBC, of refusing to carry OAN on its cable service ``because it counters the liberal message of MSNBC,'' an act the plaintiffs call ``blatant censorship.'' 2004

SAN DIEGO (KGTV) -- A family’s trip to the pumpkin patch goes sour when thieves went picking through their car while they were picking out their pumpkins.Fay Feltman, her daughter, her granddaughter and great grandson went to the pumpkin patch located off Mission Gorge in Grantville.Because of how busy the lot was, they struggled to find an open space. Once inside, the granddaughter got a call from her dad asking about a recent Walmart charge of 00.RELATED: Intruder raids Del Cerro bedroom while woman sleepsFeltman still frustrated Tuesday, “Who would think this would happen at a pumpkin patch”. She tells 10 News her daughter ran to the car to find the window smashed and the purse stolen right from the trunk of the car.Feltman says her and her family were only in the patch for about 30 minutes. In that amount of time the thieves broke in, stole the purse and made it to Walmart off Murphy Canyon Road to make the purchase.Before heading into the pumpkin patch, Feltman says they took an extra step to put their purses in the trunk, making sure to not leave them in the back seat and visible.RELATED: Family alerted to burglars roaming tented condoUnfortunately the thieves still smashed the driver’s window to access the trunk latch but only grabbed her daughter’s purse and leaving Feltman’s.Feltman’s daughter has spent the past few days on the phone with the bank trying to cancel cards and reorder new ones.She also was at the DMV all day Monday and purchasing a new phone Tuesday. “Who would dream of people who are so evil and so cruel and so black hearted to do something like this I’m just in shock”.Now, the family left dealing with a complete invasion of privacy and sense of security, ”It’s like you’re violated even though they didn’t take any thing of mine personally they were in my car, reaching into my car just that alone makes you feel dirty, its just an icky feeling” Feltman tells us. 1937

SAN DIEGO (KGTV) — A coalition of groups protesting how law enforcement officers use force says it plans to launch a recall effort against San Diego District Attorney Summer Stephan in 2019."You're going to see us all over this county," said Oletha Wade-Matthews. "We're not going anywhere until we see justice, or get you out of office."Around one dozen people gathered Downtown Tuesday to speak at a San Diego City Council meeting, then hold a press conference. They pointed to several deaths which have occurred this year in law enforcement custody, including Earl McNeil earlier this year, and Vito Vitale and Jason Watts in the first three weeks of October.RELATED: No criminal charges to be filed in National City Police custody death of Earl McNeilThe protestors say it's critical to have more PERT (psychological emergency response team) crews available to advise officers on how to apprehend suspects who are either on drugs or suffering from mental illness.In Vitale's case, they criticized officers for holding Vitale down."There has to be medical doctors that will tell you when someone is high on drugs, when someone is having a mental crisis. When you put three, four, five bodies on top of them it will cause them to stop breathing," said Tasha Williamson of the group Justice for Earl McNeil.RELATED: Man who died in custody after being arrested in Little Italy identifiedThe San Diego Police Department tells 10News it is still investigating Vitale's cause of death. The Chula Vista Police Department says it is in the early stages of its investigation into Watts' death.In September, Stephan announced her office would not charge any officers in the death of McNeil, saying there was no direct link between officers' actions and McNeil's death, as well as no intent to kill McNeil.10News reached out to Stephan's office after the announcement of the recall effort but has not heard back.RELATED: Chula Vista assault suspect, Jason Watts, dies after arrest 1991