Nevada Revised Statutes 159.0593 – Determination of whether proposed protected person is prohibited from possessing firearm under federal law
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.
Terms Used In Nevada Revised Statutes 159.0593
- Contract: A legal written agreement that becomes binding when signed.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
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.