General Discussion
In reply to the discussion: President Obama saved a lot of lives. Mental health being added to background checks is astounding. [View all]NutmegYankee
(16,207 posts)Only the finding by a judge that you are mentally unfit to make your own decisions or are a threat to yourself or others can remove the right to own guns. This often takes the form of involuntary commitment.
A psychiatrist cannot report that a person has depression to remove that right. At best they can notify authorities that a person appears to want to harm themselves/others in which case the police investigate and then go to a judge for a hearing. The judge evaluates the facts and listens to council from both sides (in such cases, the state normally appoints a lawyer to defend the person who may lose the right) and makes a decision. There are legal standards driving such decisions and they are fairly limited in scope.
Seizure of firearms still requires a warrant from a judge as they are personal property.
What the President did was ensure that states do not think They cannot release the court finding of mentally defective/involuntary commitment to NICS due to privacy laws.