HOUSE BILL NO. 5907

A bill to amend 1931 PA 328, entitled

"The Michigan penal code,"

by amending section 230 (MCL 750.230).

the people of the state of michigan enact:

Sec. 230. (1) A person who shall wilfully not do any of the following:

(a) Willfully alter, remove, or obliterate the name of the maker, model, manufacturer's number, or other mark of identity of a pistol or other firearm. , shall be

(b) Manufacture, assemble, sell, offer to sell, or transfer a firearm in this state if that firearm does not contain a firearm serial number on the firearm frame or receiver.

(c) Manufacture, sell, offer to sell, or transfer a firearm frame or receiver in this state if that frame or receiver does not contain a firearm serial number.

(d) Sell, offer to sell, or transfer a firearm precursor in this state if that firearm precursor does not contain a firearm serial number.

(e) Beginning 1 year after the effective date of the amendatory act that added this subdivision, possess or own a firearm or firearm precursor in this state if that firearm or firearm precursor does not contain a firearm serial number on the firearm frame or receiver or firearm precursor.

(2) A person that violates this section is guilty of the following:

(a) A person that violates subsection (1)(a), (b), (c), or (d) is guilty of a felony , punishable by imprisonment for not more than 2 years or fine of not more than $1,000.00.

(b) A person that violates subsection (1)(e) for a first time is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $100.00, or both.

(c) A person that violates subsection (1)(e) for a second or subsequent time is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $1,000.00.

(3) Possession of a firearm upon which the manufacturer's number shall have has been altered, removed, or obliterated, other than an antique firearm, as defined by section 231a(2)(a) or (b), shall be is presumptive evidence that the possessor has altered, removed, or obliterated the same.number.

(4) This section does not apply to any of the following:

(a) A firearm manufactured before October 22, 1968.

(b) An antique firearm.

(c) A sale, offer to sell, transfer, or delivery of a firearm or firearm precursor to, or possession by, federally licensed firearms manufacturers, importers, and dealers, and other federal licensees authorized to provide marking services.

(d) A transfer or surrender of a firearm or firearm precursor to a law enforcement agency.

(e) A firearm or firearm precursor that has been identified by a federally licensed firearms dealer or other federal licensee authorized to provide marking services with the licensee's abbreviated federal firearms license number as a prefix followed by a hyphen and then followed by a number as a suffix, and placed in a manner as required under federal law for affixing serial numbers to firearms.

(5) As used in this section:

(a) "Antique firearm" means that term as defined in section 231a.

(b) "Firearm frame or receiver" means that term as defined in 27 CFR 478.11.

(c) "Firearm precursor" means any forging, casting, printing, extrusion, machined body, or similar article that meets either of the following:

(i) Has reached a stage in manufacture where it may readily be completed, assembled, or converted to be used as the frame or receiver of a functional firearm.

(ii) Is marketed or sold to the public to become or be used as the frame or receiver of a functional firearm once completed, assembled, or converted.

(d) "Firearm serial number" means a serial number that a federally licensed firearms manufacturer, importer, or dealer, or other federal licensee authorized to provide marking services, has used to identify a firearm in accordance with all federal laws and regulations.