HOUSE BILL NO. 4455

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) Knowingly 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) Knowingly import, purchase, sell, offer to sell, or transfer a firearm precursor, unless the firearm precursor meets all of the following:

(i) Is considered a firearm under 18 USC 921 to 934 and regulations issued in accordance with 18 USC 921 to 934.

(ii) Contains a valid 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. 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.

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

(a) A firearm or firearm precursor that is either of the following:

(i) An antique firearm.

(ii) Rendered permanently inoperable.

(b) A sale, offer to sell, transfer, or delivery of a firearm or firearm precursor to, or possession by, a federally licensed firearms manufacturer, importer, or dealer, or other federal licensee authorized to serialize firearms.

(c) A firearm or firearm precursor that has been identified by a federally licensed firearms dealer or other federal licensee authorized to serialize firearms 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.

(d) A sale, offer to sell, or transfer of a firearm or firearm precursor to a law enforcement agency.

(e) The manufacture, assembly, importation, purchase, transfer, or possession of a firearm or firearm precursor by a law enforcement agency for law enforcement purposes.

(f) The sale or transfer of ownership of a firearm or a firearm precursor to a federally licensed gunsmith, manufacturer, or importer, or to any other federal licensee authorized to serialize firearms.

(g) The manufacture, assembly, importation, purchase, or possession of a firearm or firearm precursor by a federally licensed gunsmith, manufacturer, or importer, or by any other federal licensee authorized to serialize firearms.

(h) A member or employee of any of the following while on duty and acting within the scope and course of employment:

(i) The Armed Forces of the United States.

(ii) The Michigan National Guard.

(iii) A law enforcement agency.

(iv) A forensic laboratory.

(i) A common carrier, motor carrier, air carrier, or carrier affiliated with an air carrier through common controlling interest that is subject to Title 49 of the United States Code, or an authorized agent of that carrier, when acting in the course and scope of duties incident to the receipt, processing, transportation, or delivery of property.

(j) An authorized representative of a local, state, or federal government that receives a firearm or firearm precursor as part of an authorized, voluntary buyback program in which the governmental entity is buying or receiving firearms from private individuals.

(k) The possession and disposition of a firearm or any firearm precursor by an individual who meets all of the following:

(i) The individual is not prohibited by state or federal law from possessing the firearm.

(ii) The individual possessed the firearm or firearm precursor no longer than was necessary to deliver it to a law enforcement agency for that agency's disposition according to law.

(iii) If the individual is transporting the firearm or firearm precursor, the individual is transporting it to a law enforcement agency for the agency's disposition according to law.

(l) The possession or importation of a firearm or firearm precursor by a nonresident of this state who meets either of the following:

(i) Is traveling with the firearm or firearm precursor in this state in accordance with 18 USC 926A.

(ii) Possesses or imports the firearm or firearm precursor in this state exclusively for use in an organized sport shooting event or competition, and no longer than reasonably necessary to participate in that event or competition.

(m) The possession or importation of a firearm or any completed or unfinished frame or receiver by an individual who, not later than 90 days after moving into this state, does 1 of the following:

(i) Causes the firearm or firearm precursor to be affixed with a valid firearm serial number.

(ii) Removes the weapon from this state.

(iii) Otherwise comes into compliance with this section.

(4) As used in this section:

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

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

(i) Is designed to or may readily be completed, assembled, or converted to function as a frame or receiver.

(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.

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

(d) "Frame" means the part of a pistol that provides housing or a structure for the primary energized component designed to hold back the hammer, striker, bolt, or similar element, before initiation of the firing sequence, even if pins or other attachments are required to attach the component to the housing or structure. Any part that is identified with an importer's or manufacturer's serial number is presumed, absent an official determination by the Bureau of Alcohol, Tobacco, Firearms, and Explosives or other reliable evidence to the contrary, to be the frame of a pistol.

(e) "Receiver" means the part of a firearm other than a pistol that provides housing or a structure for the primary component designed to block or seal the breech before initiation of the firing sequence, even if pins or other attachments are required to connect the component to the housing or structure. Any part that is identified with an importer's or manufacturer's serial number is presumed, absent an official determination by the Bureau of Alcohol, Tobacco, Firearms, and Explosives or other reliable evidence to the contrary, to be the receiver of a firearm.