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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) - With one of the largest holidays of the year just a day away, getting around and conducting business before and on the holiday can be tricky to navigate with what is closed and open.The North County Transit District will have a normal service schedule for Christmas Eve. However, the Amtrak R2R partnership with NCTD -- which allows Coaster customers to travel on Amtrak trains in the San Diego area -- will be blacked out through Monday. During this time, all Amtrak Pacific Surfliner customers will be required to show a valid Amtrak fare and no COASTER passes will be accepted.NCTD schedules will be reduced to a Sunday service schedule on Christmas.The San Diego Metropolitan Transit System will run a similar schedule, with normal weekday hours Christmas Eve on all Trolley lines and MTS local, urban, Express, Rapid and Rapid Express bus routes.Christmas is more complicated. All Trolley lines except the Silver Line will operate on a half-hour frequency on Christmas Day. Rapid, urban, and local bus routes will operate on a Sunday schedule.No service will be provided on Rapid Express routes 280 or 290, Rapid routes 204, 237 and Express routes 50, 60, 110, 150, Sorrento Valley Coaster Connection and most express bus routes. MTS Access subscriptions are cancelled. Subscription passengers who still want service must call ahead of time to arrange their transportation.Finally, several rural routes have been rescheduled. There will be no service on rural route 892 on Friday. Rural route 888 will operate Thursday instead of Friday, while rural route 891 will be pushed back to Monday instead of its normal Friday schedule.MTS Information and Trip Planning, the Transit Store, Compass Service Center and customer service offices will close at 5 p.m on Thursday and be closed Dec. 25. Customers who need MTS information on Christmas Day, Dec. 25, can visit the MTS website or download the mobile app OneBusAway for real-time information.On Saturday and Sunday, MTS allows up to two children 12 and under to ride free with a fare-paying adult on all MTS routes. On Christmas Day, MTS allows a friend to ride free with a fare-paying customer on all MTS routes.All county COVID-19 testing sites will remain open Christmas Eve, but they will close at 4 p.m. On Christmas, three sites -- University of San Diego, San Marcos and Southeastern San Diego -- will be open from 10:30 a.m. to 2:30 p.m.Walk-in testing sites do not require appointments. However, as of Dec. 20, nearly all drive-up COVID-19 testing sites have become appointment-only locations. This change is in response to safety concerns caused by traffic backups. Appointments are accepted up to three days in advance with new appointments becoming available each day about noon.The exception to the appointment-only drive-up testing will be sites operated by the San Diego County Fire Protection District. While appointments are highly recommended, and those with them are given preference, people without appointments will be tested as capacity permits."With vaccine distribution in its very earliest stage, COVID-19 testing remains extremely important to protect the public's health," said Dr. Wilma Wooten, San Diego County's public health officer. "People experiencing any symptoms, or who feel they have been exposed, are encouraged to get promptly tested. Those with symptoms should isolate until getting results, while others should adhere to the best practices of wearing a mask, social distance, and good hygiene."The San Diego Food Bank will be closed for the upcoming holidays on Dec. 24-25 and Dec. 31-Jan. 1.For details on testing locations or in need of food assistance, visit 211sandiego.org or call 2-1-1.All San Diego administrative offices will be closed on Christmas holiday.Curbside trash, recyclables and yard waste will not be collected on Friday for customers served by the Environmental Services Department. The normally scheduled collection for those Fridays will occur on Saturday. Residents in other cities should check with their waste hauler for holiday service schedules.San Diego's Miramar Landfill will be closed on Friday.Torrey Pines, Mission Bay and Balboa Park golf courses will be open until 3 p.m. Holiday rates will apply. All city skate parks will be open.All public buildings in Balboa Park will be closed, including the Balboa Park Activity Center, Botanical Building, Casa del Prado, Municipal Gym and War Memorial Building.All city reservoirs will be closed. Chollas Lake will also be closed.Parking meters, time restrictions for parking on streets and yellow zones within the City of San Diego will not be enforced. Red, white and blue zones are still enforced every day. Parking rules on Port of San Diego property and in different cities may vary, please read posted signage.Also closed in San Diego are all libraries and book pickup service, city pools, the city's refuse/recyclables container sales office on Miramar Place, Open Space and Maintenance Assessment District offices, the Testing, Employment Information Center and Background/Fingerprinting offices within the Personnel Department and The Family Justice Center.Individuals needing help related to domestic violence should call 9-1- 1 and/or the Domestic Violence Hotline at 1-888-385-4657. 5293

SAN DIEGO (KGTV) -- A car being pursued by the California Highway Patrol crashed in the Carmel Valley area early Friday morning.Around 12 a.m., CHP officers attempted to pull over a 2020 Toyota Camry for speeding on southbound Interstate5 near Del Mar Heights Road, but the driver refused to stop.Officers say the driver was traveling at 135 mph.The car tried to exit on Carmel Valley Road, but when the driver attempted to get back on the freeway, she lost control on the on-ramp and crashed.Officers took six women into custody from the car, including the driver.It's unclear why they chose to flee from CHP officers.Paramedics later responded to evaluate minor injuries. 681

SAN DIEGO (KGTV) -- A 63-year-old man was hospitalized after being stabbed in Sherman Heights Saturday night.The stabbing happened on the 2200 block of Imperial Avenue around 8:30 p.m. Saturday.Authorities say the man was arguing with a 19-year-old when the teen stabbed him in the ribs below his armpit.RELATED: PB man stabbed six times, suspect apprehendedAfter the stabbing, the suspect fled the scene, police say. The teenage suspect is described as a Hispanic man about 5 feet, 8 inches tall, thin and was reportedly wearing a brown jacket and gray hoodie.The victim was taken to the hospital with non-life threatening injuries. 646

SAN DIEGO (KGTV) - A 29-year-old Cal Fire firefighter who died Monday after a training hike is being remembered. Yaroslav Katkov was hiking Sunday with his crew from Cal Fire / San Diego County Fire Station 16 in De Luz when he had a medical emergency, Cal Fire Director Thom Porter said. Katkov was flown to Temecula Valley Hospital in Riverside, where he died Monday morning. His cause of death was not specified. “On behalf of all Californians, Jennifer and I extend our sincere condolences to CAL FIRE Firefighter Yaroslav Katkov’s family, friends and colleagues during this difficult time. It’s the work of brave firefighters like Yaroslav that keep our communities safe, and we are deeply grateful for his service,” said Governor Gavin Newsom. Newsom and Porter ordered flags at the Capitol and Cal Fire facilities to be flown at half staff.Porter said Katkov joined Cal Fire as a seasonal firefighter in August 2018. Katkov, who lived in Escondido, is survived by his parents and brother. 1004

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