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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 Police Departments K9 officers and their handlers were honored at the unveiling of the new K9 Memorial Dedication Ceremony Wednesday afternoon. They don’t carry weapons. Often times, they are the weapon.“We’ve had several dogs injured, stabbed, and shot,” Lt. Tony Lessa of the San Diego Police K9 Unit said. “Fortunately, only one was killed in the line of duty.”Since 1984, ninety-two San Diego Police K9’s have served alongside their handlers. They enter themselves into dangerous situations for the good of the community. Many said their value is immeasurable. “They improve officer safety for out officers in a way that they reduce the use of force we have to use,” Lt. Lessa said. “You can’t put a number on that.”That is why a new Memorial wall was built for the specialized unit. Sitting at the helm is a bronze statue of German Shepard Bando, who was struck by a car and killed in the line of duty in 1994. Underneath his statue are the names of several K9’s and their handlers.Patsy Samson was the main donor for the San Diego Police Foundation. She worked with the organization for eight months until finally unveiling the memorial today.“They love their K9’s,” Samson said. “They take care of their K9’s. They just want to do the best you can do for the community that they protect and serve, every single day.”Whether it’s their cuteness on their time off, or their fierce abilities to bring down criminals, the K9’s officers have a special place in hearts. For that, like their human counterparts, their work will never be forgotten. “Their name is going to live on here for eternity,” Lt. Lessa said.  1677

SAN DIEGO (KGTV) - Thousands of college students are wrapping up their education this weekend at San Diego State University’s graduation events.Commencement ceremonies will take place from Friday through Sunday at Viejas Arena on Canyon Crest Dr.CHECK TRAFFIC NEAR SDSUSDSU President Sally Roush will confer degrees on 10,600 students.They include: 356

SAN DIEGO (KGTV) - The San Diego Humane Society warned pet owners this week to be safe with their animals while exercising after a dog collapsed in hot weather. A dog named Joey was half a mile down the Three Sisters Falls trail in Descanso Saturday when he started panting heavily, a sign of heatstroke. “Dogs are lower to the ground, absorbing heat from above and below,” according to the SDHS. Their paws are also sensitive to hot dirt or pavement, experts say. RELATED: Check 10News Pinpoint WeatherPets should not be exercised heavily in temperatures above 70 degrees, according to the SDHS. Temperatures in Descanso reached a high of 86 Saturday, according to 10News meteorologist Megan Parry.The SDHS Emergency Response Team took Joey to Animal Urgent Care in Escondido, where he was treated for heat exhaustion and separating pads. Joey recovered and returned home with his owner. Three Sisters Falls trail in East County is an arduous hike for humans which can be dangerous during summer. In central San Diego, warning signs reminding owners not to hike with dogs in hot weather are posted at the popular Cowles Mountain trail. 1144

SAN DIEGO (KGTV) - The Rock Church is making holiday giving even easier, teaming up with Express Feedback for Good to raise money for their Toys for Joy campaign.Under the new program, people can sign up to take on-line surveys. For each one they take, the Church will get towards their holiday fundraiser."This is a life or death situation for some kids and some families," says Pastor Miles McPherson.The Toys for Joy program is now in its 23rd year. Each year the Church helps around 20,000 families with food, clothing, toys, and more for the holidays. McPherson says he hopes the new survey tool will inspire people to do more."The express feedback tool gives people the opportunity to do something to help somebody, but we want them to take the next step, touch a person, smile at a person, hear someone's story," he says.The surveys only take about one minute each, and there's a limit of 100 per person. The Church says they hope to raise 0,000 from the surveys, to help supplement the other donations they get each year.The company, Express Feedback for Good, takes the information from the survey and sells it to businesses to help them serve their customers better."It's a win/win for both parties," says Product Manager Dena Coykendall. "The non-profit can create resources, and business can collect information from a crowd that's more representative."This year, the Rock Church will have four locations for their Toys for Joy campaign on December 14th. To donate, or for more information, click here.To sign up to take the surveys, go here. 1568