Determination of whether proposed protected person is prohibited from possessing firearm under federal law
NevadaStatutes
Ask Donna
How this section applies to your facts.
NV Code › Title 13 › Chapter 159 › Section 159.0593
Text
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.
This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.