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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 (KGTV) — A driver heading the wrong-way on Interstate 805 died following a fiery crash with another vehicle Saturday.A Mitsubishi Lancer traveling the wrong-way on southbound I-805 near the I-8 connector collided with a Toyota SUV just before 3 a.m., according to California Highway Patrol. The collision sparked a fire, engulfing both vehicles, CHP said.Both drivers were transported to a nearby hospital with life-threatening injuries, according to California Highway Patrol. The wrong-way driver later died. Another vehicle received minor damages in the wreck. That driver received minor injuries.CHP was still investigating where the wrong-way driver entered the freeway. It's not clear if alcohol or drugs was a factor in the crash.A portion of I-805 was closed as crews cleared the scene, but was reopened before 7 a.m. Saturday. 855

SAN DIEGO (KGTV) -- A driver apparently lost control of his SUV and crash landed on the roof of a University City home early Tuesday morning.The crash happened at around 1:15 a.m. in the 3000 block of Pennant Way, according to San Diego police.Bill Crane told ABC 10News that after he heard a loud crash, he came out of his home and saw the male driver in his yard and the Jeep Cherokee Laredo on top of his next-door neighbor’s house."I was asleep at the time and I heard this crash, and I came out and I looked around and saw a guy kind of wandering near behind me, by what's left of the tree, and he was just kind of stumbling and I couldn't figure out what the hell that was. Because you usually don't think of a car being on someone's roof. So, when I finally figured that out, I went in to get my phone, and came back out and called 911, and he was gone,” Crane said.Crane called 911 to report the crash, and he then called the woman who lives in the house. However, Crane said the woman initially didn’t believe her.Crane added, "I called her twice and she said, 'What, a car on my roof? I'm not going out there, I can't believe that.’ It is pretty unbelievable.”ABC 10News learned the woman was asleep at the time and never heard the crash. She believes the SUV was coming down Pennant Way, somehow veered on a resident’s front lawn and launched onto her garage.A towing service used a crane to remove the Jeep from the roof of the home’s garage.There is no word on how much damage the home sustained, but inspectors said the house was structurally sound despite the wreck.No one was hurt in the crash.As of late Tuesday morning, police have not tracked down the SUV's driver. 1692

SAN DIEGO (KGTV) -- 10news continues the discussion of climate change ahead of next week's United Nations Climate Summit, with a focus on something San Diegans know all too well: wildfires.Climate change is increasing temperatures and decreasing precipitation which is increasing the frequency and intensity of extreme fire events."It’s predicted that the total area burned will increase by 50% or even as high as 100% over the coming century. We’re going to see more fires, and more dangerous fires and more deadly fires, " says Tom Corringham, a post-doctoral research economist at the Scripps Institution of Oceanography at UCSD.Climate Central analyzed 45 years of U.S. Forest Service records of large wildfires and found there are three times more major wildfires burning across the west each year than in the 1970s. The annual area burned has increased six-fold with wildfire season lasting an average of 105 days longer, research showed.RELATED: Climate Change: Living in a warming worldIn California, there have been more large fires, burning more acres, particularly in warmer years. In Southern California we’re already seeing the move to a year-round wildfire season."What we are seeing is that climate change is getting worse and it’s accelerating at a pace that is greater than we were expecting," Corringham said.Temperatures correlate with large wildfires. Forests are more vulnerable during droughts but even wet winters can spur growth of grasses and shrubs which dry out on warmer days and add available fuel."With unmitigated climate change we are likely going to see wildfires burning later in the season, specifically into December which is the peak of the Santa Ana wind season. That’s when you’re likely to get back-to-back Santa Ana winds. That is what happened a couple years ago with the Thomas Fire," explained Alexander Gershunov, a research meteorologist at the Scripps Institution of Oceanography at UCSD.RELATED: Climate Change: Sea-level rise and the impacts to San DiegoWhen it comes to wildfires the best thing you can do is prepare. Clear defensible space around your home, prepare an emergency kit, go over evacuation routes with your family, and put all valuables in a safe place that will make evacuation easier if necessary."The science is real, climate change is happening and it’s happening faster than we expected but if we all work together we can turn this around," said Corringham. 2434

SAN DIEGO (KGTV) - A group of friends from Del Norte High School in 4S Ranch have turned their summer boredom into a way to help others.Andrew Zhang, Jerry Wu, Nick Genovese and Rishi Peddakama are 3D printing face shields and donating them to local hospitals."I guess we were all just kind of feeling like restless and we needed to do something during this like difficult time," Zhang says on why he and his friends decided to start making PPE from scratch.The boys have turned their summertime hobby into a new non-profit, Shield Our Health Heroes. Their website has a place for donations, and all of the money goes towards materials for more face shields.So far, they've raised enough money to donate 750 face shields to 10 local hospitals."We've been told multiple times that our shields fit better and are better quality than a lot of the shields that they're getting," says Genovese."I really think we are making an impact in our community," adds WU. "Our products are actually really helping these health care workers who need these."The four friends each brought their unique talents to the group effort. Andrew came up with the idea and has spearheaded the project. Rishi built the website and set up the donation PayPal account. Jerry does all of the social media and advertising. Nick contacts the hotels and sets up the deliveries."We try to make it hassle free for them," says Peddakama."We just really want to give back during this time," says Zhang. "And this helps make sure they're staying safe as well." 1529