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While I like your idea, also consider the adverse impact: people will sometimes not treat their mental disorders anymore because they could pop up in a background check.
There has to be some more nuance to this. I didn't study law though,so idk how to make it better.
Yeah, I don't know how to make it better either. ¯\_(ツ)_/¯ But when you start looking at the shooters who had documented mental health issues that never showed up on background checks, it gets a little scary.
Right now, it only counts for the background check if it goes through a Judge.
So when the Jacksonville shooter had an involuntary mental health hold under Florida's Baker act, that didn't stop him from later buying the guns completely legally:
https://www.thedailybeast.com/ryan-palmeter-named-as-jacksonville-shooter-who-targeted-and-killed-3-black-people-at-dollar-general-store
Same with the Buffalo shooter:
https://en.m.wikipedia.org/wiki/2022_Buffalo_shooting
"In June 2021, Gendron had been investigated for threatening other students at his high school by the police in Broome County.[20][58][64] A teacher had asked him about his plans after the school year, and he responded, "I want to murder and commit suicide."[65] He was referred to a hospital for mental health evaluation and counseling but was released after being held for a day and a half.[20][64][66]"
Same with the Parkland shooter:
https://en.m.wikipedia.org/wiki/Parkland_high_school_shooting
"The Florida Department of Children and Families investigated him in September 2016 for Snapchat posts in which he cut both his arms and said he planned to buy a gun. At this time, a school resource officer suggested[94] he undergo an involuntary psychiatric examination under the provisions of the Baker Act. Two guidance counselors agreed, but a mental institution did not.[95] State investigators reported he had depression, autism, and attention deficit hyperactivity disorder (ADHD). However Psychologist Frederick M. Kravitz later testified that Cruz was never diagnosed with autism.[96] In their assessment, they concluded he was "at low risk of harming himself or others".[97] He had previously received mental health treatment, but had not received treatment in the year leading up to the shooting.[98]"
Maybe only include it if it's an involuntary mental health hold and/or have practitioners have an option to report if the individual should in their opinion be barred from purchasing a firearm (with the capacity to revoke that opinion, if their situation changes)?