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NRS 159.0593

Determination of whether proposed protected person is prohibited from possessing firearm under federal law

Known as the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act

The act spans §§ 159–159 (203 sections).

Applied in 2 court decisions — leading case Hager v. State (2019)

Most recently applied in Hager v. State (August 2019)

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

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.

Official source: Nevada Legislature. Reproduced from public-domain Nevada statutes; confirm against the official source for the current text. Not legal advice.