NRS 159.0593 - Determination of whether proposed protected person is prohibited from possessing firearm under federal law.

NV Rev Stat § 159.0593 (2019) (N/A)

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1. If the court orders a general guardian appointed for a proposed protected person, the court shall determine, by clear and convincing evidence, whether the proposed protected person is a person with a mental defect who is prohibited from possessing a firearm pursuant to 18 U.S.C. § 922(d)(4) or (g)(4). If a court makes a finding pursuant to this section that the proposed protected person is a person with a mental defect, the court shall include the finding in the order appointing the guardian and cause, within 5 business days after issuing the order, a record of the order to be transmitted to the Central Repository for Nevada Records of Criminal History, along with a statement indicating that the record is being transmitted for inclusion in each appropriate database of the National Instant Criminal Background Check System.

2. As used in this section:

(a) “National Instant Criminal Background Check System” has the meaning ascribed to it in NRS 179A.062.

(b) “Person with a mental defect” means a person who, as a result of marked subnormal intelligence, mental illness, incapacitation, condition or disease:

(1) Is a danger to himself or herself or others; or

(2) Lacks the capacity to contract or manage his or her own affairs.

(Added to NRS by 2009, 2490; A 2015, 1805; 2017, 3905)

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