THE MICHIGAN PENAL CODE (EXCERPT) Act 328 of 1931
750.230 Firearms; altering, removing, or obliterating marks of identity; presumption. Sec. 230.
A person who shall wilfully 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 guilty of a felony, punishable by imprisonment for not more than 2 years or fine of not more than $1,000.00. Possession of a firearm upon which the number shall have been altered, removed, or obliterated, other than an antique firearm as defined by section 231a(2)(a) or (b), shall be presumptive evidence that the possessor has altered, removed, or obliterated the same.
History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.230 ;-- Am. 1976, Act 32, Imd. Eff. Mar. 5, 1976 Constitutionality: The statutory presumption contained in this section is unconstitutional. People v Moore, 402 Mich 538; 266 NW2d 145 (1978). Former Law: See section 11 of Act 372 of 1927, being CL 1929, § 16760.
Understanding Michigan's Laws on Altering Firearm Identification Marks
This law is found in the Michigan Penal Code, specifically Act 328 of 1931, Section 230. It concerns the modification of identifying marks on firearms.
Illegal Alteration of Firearm Identification Marks
The law states that anyone who willfully changes, removes, or obliterates the name of the maker, model, manufacturer's number, or any other identifying mark on a pistol or other firearm is guilty of a felony. A felony is a serious crime that typically comes with more severe punishments than lesser offenses, such as misdemeanors.
The penalties for this crime include imprisonment for up to two years and/or a fine of up to $1,000.
Presumption of Guilt
The law also contains a presumption clause. If a person is found in possession of a firearm with altered, removed, or obliterated identification numbers or marks, it is assumed that the person in possession is the one who made these changes. This presumption does not apply to antique firearms as defined in section 231a(2)(a) or (b).
It's important to note, however, that a court ruling (People v Moore, 402 Mich 538; 266 NW2d 145 (1978)) declared the presumption contained in this section to be unconstitutional. This implies that the presumption of guilt may not be enforced, even though it is written in the law.
This law was last amended in 1976 and took immediate effect from March 5 of that year.
As with all legal matters, it's always wise to consult a legal professional for advice related to specific circumstances. This interpretation is based on the text of the law and may be subject to change or different interpretations based on a variety of factors.