159.0593 - Determination of whether proposed ward is prohibited from possessing firearm under federal law. - Nevada Statutes

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)