Pure BS!
A finding of mental incapicitation requires the assigning of a ward or guardian. Cho was not found mentally incapacitated.
The real problem is the grey area created by the fact the ATF definitions and regulations to not address orders for outpatient treatment and that is what they need to fix.
VA is a voluntary submitter and Cho’s information would have been submitted if orders for outpatient treatment were understood to be the same as inpatient treatment for the purposes of NICS.
My understanding is that in spite of the judge’s order, the treating physician or psychologist did NOT mark “danger to himself or others” in the relevant paperwork, so this may have been why it remained unsubmitted.