COLUMBUS - Was Omar Enrique Santa Perez forced into mental health treatment by a Florida court or did he go willingly?

The difference might seem small and insignificant. But in Florida in 2010, it was huge. It might have been the difference between a killer purchasing a gun legally in Cincinnati eight years later – or not.

Santa fatally shot three people and injured two others at the Fifth Third Center on Fountain Square Thursday morning. Cincinnati police shot and killed Santa shortly after he started firing.

Santa purchased the 9 mm semiautomatic handgun on Aug. 2 at one of the Shoot Point Blank indoor shooting range and gun shops in the Cincinnati region. Cincinnati Police Chief Eliot Isaac said ‏Santa purchased the gun legally. In other words: No red flags popped up when the gun shop ran Santa's background check.

But federal law prohibits anyone from purchasing or using a gun if they have “been adjudicated as a mental defective or has been committed to any mental institution.”

So, was Santa?

An Enquirer investigation published Monday showed Santa's relatives fought to get him committed to a mental health facility. On at least two occasions, Santa's mother and sister argued in Palm Beach County's courts that Santa was violent and mentally ill. In both instances, a judge granted what's called an ex-parte order requiring that Santa be evaluated by mental health professionals.

Santa also was referred by a separate judge in Broward County to be diverted to a mental health court, according to other documents obtained by The Enquirer under open records laws.

It's unclear whether Santa went into treatment voluntarily or involuntarily. The FBI maintains the national database of people who are prohibited from buying firearms, but the FBI has not yet responded to questions about whether Santa was added to the list by Florida officials.

If Santa was committed to mental health treatment involuntarily, the clerk of courts in Florida should have submitted his name to state officials, who would have added it to a database called the National Instant Criminal Background Check System or NICS. Licensed gun sellers must check that database before selling a gun.

But without a court order, Santa's name wouldn't have been added to the list – not in Florida in 2010.

Florida has since passed some stricter laws. In 2013, lawmakers expanded gun-buying restrictions to include anyone voluntarily committed to mental health treatment. A doctor needs to certify that those receiving treatments are a threat to themselves or others. But the rule wasn't retroactive.

In 2018, Florida Gov. Rick Scott signed a "red flag law" that allows police or relatives to seek a court order to remove guns from a person they believe could be a threat to themselves or others.

The change happened after 17 people were killed at Stoneman Douglas High School in Parkland, Florida earlier this year. The gunman, former student Nikolas Cruz, had exhibited behavior that concerned friends and family before the shooting. He was evaluated for mental health issues but never hospitalized.

Even with stricter laws, most counties rely on local officials to submit names to the database. Human error and busy workloads can lead to lapsed reporting. That's true in Ohio. And Florida appears to be underreporting mental health cases as well.

Enquirer reporters James Pilcher, Amber Huntand Terry DeMio contributed to this article.