159.0593 - Determination of whether proposed ward is prohibited from possessing firearm under federal law.
159.0593 Determination of whether proposed ward is prohibited from possessing firearm under federal law.
1. If the court orders a general guardian appointed for a proposed ward, the court shall determine, by clear and convincing evidence, whether the proposed ward 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 ward is a person with a mental defect, the court shall include the finding in the order appointing the guardian and cause 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, incompetence, condition or disease, is:
(1) 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)