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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 threat of President Trump shutting down the southern border is causing widespread concerns in San Diego and Tijuana. Ev Meade is the director of USD's Transborder Institute. He says the impact on specific industries would be severe. "Think about the auto industry. You can't build a car in the United States or Canada right now without the part of the supply chain that's in Mexico. It's just fatal to shut that down," said Meade. He says even if the president doesn't close the border, the threat alone is damaging. "If you think about agriculture, on the other hand, Mexico is the biggest buyer of a long list of agricultural products, even if it doesn't happen, just the uncertainty that is cast over the market by doing that hurts that, it tells people we got to find another supply because we don't want to have empty shelves," said Meade. This weekend, President Trump announced he was cutting off funding to El Salvador, Guatemala, and Honduras. He also blamed Mexico for not doing enough to stop the flow of asylum seekers making their way north to the United States. Meade says cutting off aid to Central American countries will only lead to more migrants fleeing. "If you look at where it goes to, it goes to things like training the security forces, and training their immigration enforcement and strengthening judicial systems. There's some food and public health, and other things that are covered by it, but it's some real basic institutions in these societies that are pretty fragile to begin with and pulling that funding I think, I don't know anyone who thinks it's going to make them stronger, and if they're not stronger, it's not going to alleviate the pressure for people to leave," said Meade. Others say something has to be done. Marcia, who didn't want to give her last name, crosses the border at San Ysidro often to go to the dentist in Tijuana. She said cutting aid and closing the border might be a good idea."I think they need to manage their own governments and own borders, and we're not the bank of the world. We can't pay for everyone anymore. Everybody has to pay their fair share and take care of their own countries." Meade says all the countries need to work together on a solution to the immigration system. "Right now, you can't live in your home town or home city, but coming 1,500 miles to the United States and getting an individual asylum adjudication, that may be too high of a bar to cross, what's option B? And I tell you, a lot of people would take it if it were reasonable," Meade said. 2569

SAN DIEGO (KGTV) -- The White House confirmed Tuesday that it is reviewing the Deferred Action for Childhood Arrivals (DACA) program.It comes as the Department of Homeland Security announced changes to the program that gives protection to some undocumented immigrants who came to the U.S. as children, guarding them against deportation.In a news release, DHS announced the following changes to the DACA program:Reject all initial requests for DACA and associated applications for Employment Authorization Documents;Reject new and pending requests for advanced parole absent exceptional circumstances; and,Limit the period of renewed deferred action granted pursuant to the DACA policy after the issuance of this memorandum to one year.Last month, the Supreme Court blocked an attempt by the Trump Administration to end DACA altogether.DACA supporters are expected to go to court to stop the changes announced Tuesday. 925

SAN DIEGO (KGTV) -- The San Diego County Office of Education has expended the closure of some East County school districts through Wednesday as SDG&E shuts off power due to a Red Flag Warning. According to the San Diego County Office of Education, at least eight schools and districts will be closed Wednesday. See the list below for more:  367

SAN DIEGO (KGTV) - The San Diego History Center is commemorating a landmark moment in the gay rights movement: the Stonewall uprising in New York. Fifty years ago, a police raid on the Stonewall Inn in New York’s Greenwich Village sparked a violent confrontation between law enforcement and gay rights activists. Although the riots happened on the other side of the country, the West Coast had a role in fighting for change. “If nothing else, it is a marker in historical time with a clearly defined before and after,” said Dr. Lillian Faderman. Faderman said Stonewall was “not the first time that gay people fought back.” She curated an exhibit called LGBTQ San Diego: Stories and Struggles, tracing the local groups that advocated for LGBTQ rights. The Mattachine Society and Daughters of Bilitis both advocated for gay rights in the 1950s and 60s. Faderman’s exhibit highlights their work, and that of individuals who called for change. The exhibit will be open at the San Diego History Center until next year. 1022

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