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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 San Diego Registrar of Voters is revising down its expected turnout numbers for the March primary from earlier projections. With an estimated 290,000 ballots still outstanding as of Thursday evening, turnout is now expected to fall between 47 and 52 percent of the county's registered voters. This means turnout will look similar to 2016's primary, which had about 50 percent participation. Original projections in January from the Registrar of Voters showed expectations of turnout between 55 and 60 percent. That number was revised in February to between 50 and 55 percent."It looks like turnout in this primary is about what it was in 2016 in San Diego," said professor Thad Kousser, department chair of the UC San Diego political science department. "We didn't see the spike we were expecting."However, Kousser points out that using turnout percentage can be misleading. Because of California's new Motor Voter law, there are more than 300,000 more registered voters in San Diego County than there were in 2016. Therefore, a matching 50 percent turnout would actually mean tens of thousands of new voters cast ballots in the 2020 primary. 1173

SAN DIEGO (KGTV) - The San Diego International Airport is making travel more accessible to blind and visually-impaired customers.They've partnered with San Diego startup Aira, a company which uses augmented reality to connect people with visual impairments to live agents.Through smart glasses or a smartphone camera, the agent becomes the customer's eyes, guiding them through the airport.While users typically pay a monthly Aira subscription, the service is now available free at select airports, helping customers through security, to restaurants, and baggage claim."My first time that I traveled alone after losing my vision, I was a wreck, I mean a wreck," said Maria Johnson, who became legally blind as an adult.“The thing about having Aira with you when traveling is you always have somebody with you," said Johnson.Johnson has a rare mitochondrial disease and started losing her vision six years ago. Shortly after her 50th birthday, she was legally blind. “I’m a mom, I have two kids, I’m a group fitness instructor, I was running a boot camp and running classes all over San Diego, and all of a sudden this happened," said Johnson.Johnson has used adaptive technologies like Aira to adjust to her new reality but admits it was difficult to ask for help in the beginning.“The beauty of it is that’s what the agent is there for, no job is too small or too big for an Aira agent," said Johnson.The Aira agent not only can see where the customer is but has access to an airport map.Airport officials say it's part of a broader mission to continue innovating at Lindbergh. 1591

SAN DIEGO (KGTV) — The San Diego Sheriff's Department says it has resumed conducting pre-pandemic evictions but continues to make that decision on a case-by-case basis.The department said in a statement that it served 12 evictions in July."The priority of enforcement focused on vacant locations or locations with reports of criminal activity. When possible, deputies conducted pre-eviction interviews and offered community resources to those who may need them at the pre-eviction interview and on the day of the lockout," SDSO's statement read.Of the 12 evictions last month, one was at a commercial property and 11 were at residential properties.Of the 11 properties, six were occupied and five were abandoned, SDSO said. In four of the six properties, deputies said criminal activities had taken place at the residences.At the fifth location, deputies say they found an elderly woman who was suffering from mental illness with health concerns and living with no heat or water. She was taken to a hospital.SDSO said the court order for the sixth location was about to expire so it had to be served.Last month, San Diego City Council leaders voted to extend a rent payback period on renters who have lost income due to COVID-19 until December 30. Renters are also required to follow the rules in leases, but landlords cannot evict a tenant for nonpayment due to COVID-19. 1380

SAN DIEGO (KGTV) - The San Diego County Fair is sweetening its Toyota Summer Concert Series lineup this year.The fair's concert lineup added a slew of new acts this week, including Banda El Recodo, Capital Cities, Kansas, Calibre 50, Barenaked Ladies, Grupo Intocable, Ramón Ayala, Anthony Brown & Group TherAPy and Banda MS.The artists join the fair's lineup that has already locked in performers Sugarland, Jim Gaffigan, Little Big Town, Larry the Cable Guy, Gospel Festival, Gabriel Iglesias, and The O'Jays.RELATED: Sugarland heads to Del Mar for the San Diego County FairTickets for the new acts announced are now available on the fair's website.Performers will take the stage throughout the summertime fair from June to July: 763

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