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SAN DIEGO (KGTV) -- There are concerns about whether the difference between federal and state mental procedures is creating a danger in the community.A gun violence restraining order petition filed by the San Diego County Sheriff's Department suggests Department of Defense requirements don't translate into California's strict mental health evaluation and treatment laws.Local Court CaseStanding in front of a San Diego County judge, a Navy Sailor explained why he believes his guns seized by the San Diego County Sheriff's Department should be returned to him.10News is not naming the sailor because he was never accused of a crime.The Hospital Corpsman 2nd Class told the judge the Sheriff's Department got it wrong; he's not a danger to himself or others.In May, deputies confiscated his firearms after they responded to a call of a suicidal male at what's described as his residence.According to a petition for a gun violence restraining order, the sailor was in a bathroom with a gun in his hand threatening to kill himself.The petition states once deputies got him outside of the home, he told them he's in the military and felt alone. According to the document he "had been thinking of his best friend who had died, he is having relationship problems with his wife and his family does not speak with him. He had lost all hope today and wanted to kill himself. He drank (2) Four Loco's and laid in his bathtub full of water. He thought he would pass out and drowned [sic]. He did not pass out, so since he could not shoot himself, he was going to have law enforcement shoot him when they arrived."According to the deputies' written narrative, they believed he met the criteria for being a danger to himself because he was suicidal, and they placed him on a 72-hour hold pursuant to Welfare and Institutions Code 51-50."If an active duty military member lives within the Sheriff's jurisdiction, outside of a base, then they are responsible to obey the laws of the state of California," said a Sheriff's Deputy who spoke to 10News on a condition of anonymity.10News is not naming the member of the San Diego County Sheriff's Department because they work undercover. One of their jobs is to handle gun violence restraining orders, or GVROs for short.These civil restraining orders prohibit someone from having a gun or ammunition. Law enforcement or close family members can request it if they're afraid someone will hurt themselves or others. A temporary order is issued until a court hearing for a permanent one takes place."If we have the ability to demonstrate that this person is a danger to themselves or others, we could use GVROs to proactively prevent him from being in possession of firearms," the Sheriff's Department source said.The Sheriff's Department filed a petition for a gun violence restraining order against the U.S. Navy sailor after releasing him to staff at Balboa Naval Hospital in San Diego.According to the GVRO, "Active-duty military members placed on involuntary mental health holds at federal military treatment facilities are governed by the requirements of the Department of Defense (DoD) and implement military service instructions. The current governing instruction of DoD Instruction 6490.04. The DoD standards do not translate into California's "5150- 5152," "5250" (and related statutory) requirements, so it is not currently possible to use California's electronic Mental Health Reporting System for an active-duty member placed on a hold under DoD standards. Therefore, he would not be subject to a firearm prohibition without the issuance of a Gun Violence Restraining Order."In California, if you're taken in on a code 5150 and admitted to a mental health facility, state law makes it unlawful to possess firearms for a period of time. Experts tell 10News the patient receives a formal notification of the firearms prohibition report and the required information about the process for appeal to a judge, if they wish to appeal it.According to the California Department of Justice, a firearm prohibiting category is: "Any person who is taken into custody as a danger to self or others under Welfare and Institutions Code section 5150, assessed under Welfare and Institutions Code section 5151, and admitted to a mental health facility under Welfare and Institutions Code sections 5151, 5152, or certified under Welfare and Institutions Code sections 5250, 5260, and 5270.15."Experts 10News spoke with say things can work differently if an active duty member of the military is taken to a DOD facility."The reporting system on the federal side is a lot different than we have in our law enforcement on the state level," said San Diego attorney Vik Monder.Monder has no connection to the case but represents clients in civilian and military courts.Monder said just because someone is placed on a 72-hour hold and taken to a DoD facility doesn't mean federal authorities can permanently remove their firearms. There needs to be due process."Under the federal regulation, title 18 United States Code section 922, in order to take away someone's federal rights to a firearm that person must have been adjudicated where they've committed a crime or found guilty of committing some sort of act that warrants that individual to have their gun rights being taken away," Monder said.The sailor was released after being taken to Balboa Naval Hospital. In court he told the judge he was never admitted.In his case the judge ruled he can keep his guns.10News tried to speak with him outside of court, but he said he had no comment and told Team 10 investigator Adam Racusin he needed to check with his command staff if he could speak with 10News.The sailor never got back in touch and no one answered the door at his listed address.The San Diego City Attorney's Office said they're aware of four gun violence restraining orders involving active duty military members in the City of San Diego.A spokesperson for the City Attorney says California's GVRO does not extend to military personnel when they are on federal land or installations. 6076

SAN DIEGO (KGTV) — This month, there are plenty of fun, free ways to enjoy Halloween and fall with your family and kids.Around San Diego County, numerous celebrations keep the spooky fun going all month, from Legoland's Brick-or-Treat Party Nights to Chula Vista's Villains in the Village takeover.Some events are free for families and others may require purchased admission. (And don't forget, it's Kids Free October!) But all are sure to be a frightfully fun time for everyone.Legoland Brick-or-Treat Party Nights (Sept. 29 - Oct. 26): The Halloween season is alive and well at Legoland Park, where kids can enjoy new live entertainment, character meet-and-greets, costume contests, treat stations, and special Lego building activities.SeaWorld's Halloween Spooktacular (Sept. 21 - Oct. 27): SeaWorld celebrates the fall season with spooky live shows, Halloween activities, scavenger hunts, special Dia de los Muertos celebrations, and trick-or-treating throughout the theme park.Belmont Fall Fest (Oct. 4 - Nov. 30): Kids can celebrate the fall season with free trick-or-treating, pumpkin painting, fall-themed rides and attractions, a spooky escape room, costume contests, and a new hazy maze to escape. HalGLOween at the San Diego Zoo (Oct. 11 - 27): Spooky fun takes over the San Diego Zoo, as the park celebrates Halloween with bubble dance parties and hula-hooping activities, a spirited "boo-crew" traveling through the park, themed-entertainment and shows, and featured animal encounters for the month. Villains in the Village (Oct. 19): Families are invited to stroll Chula Vista's Third Avenue as villains take over for frightfully fun selfies, eerie children's activities, delicious eats and drinks, and a costume contest during the Village holiday takeover.Haunted Tales abroad the Star of India (Oct. 19 & 26): The Maritime Museum presents a haunting escape aboard the world's oldest active sailing ship, the Star of India. Guests will be treated to an evening filled with ghost tales and tours of the historic vessel.Hauntfest on Main (Oct. 25): Tons of family Halloween fun will line Main St. in downtown El Cajon this season, where families can check out costume contests, carnival rides and games, face painting, live entertainment, a pumpkin patch, crafts, and much more.Trick-or-Treat on India Street (Oct. 25): Grab your spookiest or silliest costume and trick-or-treat in Little Italy during this family-friendly event with India Street's businesses. Stops will be giving out candy in this safe trick-or-treating excursion along with more fun down the street.Mall-O-Ween Monster Mash (Oct. 26): Hazard Center is bringing together tons of fun for kids with carnival rides, arts and crafts, a costume contest, prizes, live music, and more to celebrate the Halloween season, benefiting the Angels Foster Family Network.Balboa Park Halloween Family Day (Oct. 26): Balboa Park is bringing back their annual Halloween-time celebration with dozens of free crafts for kids, Dia de los Muertos-themed activities, free child's admission at participating museums, carnival games, live entertainment, parades, food trucks, and more.Halloween at the Station (Oct. 27): Liberty Station's free event invites families out for a day of trick-or-treating throughout the Liberty Station Arts District, live music and entertainment, arts and crafts, costume contests, games, and more Halloween surprises about. 3426

SAN DIEGO (KGTV) — The San Diego Blood Bank will test all blood donations for SARS-CoV-2 antibodies from now through the end of July.The blood bank says it will use those test results to help identify people who can donate convalescent plasma. Donors who test positive for antibodies will be able to donate COVID-19 convalescent plasma the next time they donate.The plasma can then be used to treat coronavirus patients.The test will be able to detect if a person's immune system has developed COVID-19 antibodies, whether or not the person showed symptoms. It will not detect if a person has an active infection or recent exposure to someone who is infected.To donate, donors must be at least 17-years-old, weigh 114 pounds, and be in overall good health. The blood bank says the test is authorized by the Food and Drug Administration for emergency use. All reactive and nonreactive results will be reported to the California Department of Public Health. Blood donors should receive their results in their online blood bank wellness portal 7-10 days after the donation.Potential donors must make an appointment at www.sandiegobloodbank.org/donate or call 619-400-8251.TO LEARN MORESDCCU Encinitas BranchSDCCU Santee BranchSDCCU San Ysidro BranchSDCCU Sports Arena Branch 1279

SAN DIEGO (KGTV) - The San Diego Humane Society launched an investigation into possible animal neglect Monday.  The investigation is focused on the former Carmel Mountain Ranch Country Club.The golf course shut down in July.A spokesman with the Humane Society says someone reported that the declining state of one of the ponds on the course was endangering koi and other wildlife.Homeowners living near the course say they often smell a foul stench coming from the pond.The Humane Society says they’ve they’ve reached out to the owner of the country club and golf course.The Humane Society sent 10News a statement that says in part:"Because it is an open investigation, we cannot discuss details, but we take reports like this very seriously. We encourage anyone who has information relevant to this investigation to come forward and call San Diego Humane Society’s Humane Law Enforcement at 619-299-7012." 934

SAN DIEGO (KGTV) -- The Star of India has returned to its home along San Diego’s Embarcadero after undergoing a days-long restoration. The ship made the journey Friday after being dry docked at BAE Systems for 10 days. Work on the vessel included hydro-blasting, anti-fouling and top side paint as well as an inspection of the ship’s hull integrity. RELATED: Star of India to be removed for once-in-a-decade restorationThe U.S. Coast Guard requires the ship to be hauled out for inspection and work every 10 years. The restoration was made possible due to a 0,000 grant from the National Park Service’s Museum Heritage Program. The Star of India was built in 1863 and has circumnavigated the globe 21 times, the San Diego Maritime Museum says. 755