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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) -- The ridesharing company, Lyft, is donating hundreds of thousands of dollars in ride credits to immigration groups throughout the country, including one in San Diego County. The company made the donation announcement on Monday, donating 0,000, calling the campaign "America is an Idea, Not a Geography." The Minority Humanitarian Foundation in Spring Valley received roughly ,000 in ride credits. The foundation's founder, Mark Lane, says the company's donation is a game changer for his organization. Lane explains that the money previously spent on rides can now go towards other things like food, clothing and other supplies. 10News spoke to multiple Lyft drivers in San Diego who said they wouldn't mind providing rides to migrants, as long as their pay didn't change. A few Lyft users told 10News they don't agree with Lyft's donation but said they would still continue to use the service.During the month of July, Lyft is also matching donations to RAICES up to ,000. Lyft also released a series of films that highlight the work of immigrant organizations. To watch, click here. 1120

SAN DIEGO (KGTV) - The pinch of the partial shutdown on federal government agencies and employees approached a squeeze Wednesday as workers prepared for their first pay period without a paycheck. Hundreds of thousands of federal employees who are furloughed or working without pay during the government shutdown are anticipating an end to the political standoff. The partial shutdown, which took effect Dec. 21, forced 420,000 workers to continue their jobs without pay. 380,000 workers were furloughed nationwide. 5,000 of the affected workers are in San Diego County, according to Rep. Scott Peters' office, which cited the Association of Federal Government Workers. Border Patrol agents enforcing the U.S.-Mexico border in San Diego County are among the affected employees. So are TSA agents, including those who kept holiday travelers safe at Lindbergh Field. RELATED: No deal to end shutdown; Trump says 'could be a long time'Many San Diegans only noticed the impact of the shutdown by the closure of national parks including the Cabrillo National Monument in Point Loma, and Joshua Tree National Park. However, more people may soon feel the change. Many departments and agencies are running out of carryover cash, Politico reports. Dozens of national parks and museums, including Smithsonian facilities, closed Wednesday as they ran out of money. Yosemite National Park limited entry due to problems with human waste and public safety. Visitors were told to use restrooms in nearby communities before entering the park. The Coast Guard is scaling back boating safety checks, mariner licensing, and fishing law enforcement, according to Politico. Tax filing season, which usually starts in January, may start later, and many IRS workers may be called to work without pay for filing season. The most recent pay period ended Dec. 22, with paychecks arriving Dec. 28. The next pay period ends Jan. 5, with the check due Jan. 11. There’s a possibility that check may never come. Workers may be paid retroactively but it would take an act of Congress. To make the financial picture even more grim for federal employees, President Trump issued an executive order Friday, freezing their pay for 2019. Their 2.1 percent hike was supposed to take effect this month. (The freeze does not impact U.S. service personnel, who were due to receive a 2.6 percent pay hike as part of the spending bill signed in August.)The Associated Press and CNN contributed to this report. 2472

SAN DIEGO (KGTV) — The number of San Diegans who spend at least 90 minutes on their daily commute grew nearly 15% over the last decade, according to a recent analysis.Apartment List reports as San Diego County's workforce grew 10.8% from 2009 to 2017, "super commuters" (commuting 90 minutes or more one way) grew 14.9%. Overall though, the share of San Diego's workforce who endure a super commute is only 0.1%.The study showed the trend is much worse in other California counties like San Francisco (110.4% growth since 2009) and Los Angeles (up 22.3% since 2009).Other areas of the state located just outside San Francisco also saw large increases, like Contra Costa and Alameda Counties, which saw a 101.8% and 126.5% increases in super commute workforce, respectively.Rural counties were also more likely to endure a long commute, like Mono County, Calif., which saw a 1166.7% increase."Beyond the super commuters who drive from distant exurbs to work in the downtown offices of pricey superstar cities, we also see high rates of super commuting in some counties that are much closer to the urban core," the study said. "This is evidence of the large number of super commuters who rely on public transit. Super commuting is also common in certain pockets of rural America, particularly those with active drilling and mining industries."Extraction and construction jobs were the most likely to have the longest commute times. Education, training, and library; and food preparation positions were the least likely to have the shortest daily commutes. 1561

SAN DIEGO (KGTV) -- The San Diego City Council voted Monday night to eliminate the fees to build so-called granny flats.”The granny flats are small homes built on someone’s property or little apartments made in a garage or basement.Some people say building more of the small living spaces could help ease San Diego’s housing crisis.RELATED: Chula Vista to make it easier to build granny flatsUntil Monday night, fees ranged anywhere from ,000 to ,000. 464

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