THE MICHIGAN PENAL CODE
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 Notes:
The statutory presumption contained in this section is unconstitutional. People v Moore, 402 Mich 538; 266 NW2d 145 (1978).
FormerLaw Notes:
See section 11 of Act 372 of 1927, being CL 1929, § 16760.
Notes of Decisions
Cited in
35
cases (
9 in the last 5 years), 1955–2025 · leading case:
People v. Moore, 679 N.W.2d 41 (Mich. 2004).
People v. Moore, 679 N.W.2d 41 (Mich. 2004).
· cites it 2× “227a (unlawful possession of a firearm by a licensee), and MCL 750.230 (alteration of identifying marks on a firearm).”
People v. Calloway, 671 N.W.2d 733 (Mich. 2003).
· cites it 2× “§ 750.230 (alteration or removal of identifying marks).”
People v. Blanton, 894 N.W.2d 613 (Mich. Ct. App. 2016).
“227a, or MCL 750.230], is guilty of a felony, and shall be imprisoned for 2 years.”
People v. Mitchell, 575 N.W.2d 283 (Mich. 1998).
· cites it 2× “§ 750.230; M.S.A. § 28.427. Both statutes prohibit violation of the same social norm: deterrence of the unlawful possession of firearms and ammunition.”
People v. Dillard, 631 N.W.2d 755 (Mich. Ct. App. 2001).
“227a (prohibiting unlawful possession of a firearm by a licen *168 see), and MCL 750.230 (prohibiting alteration of identifying marks on a firearm).”
Mattox v. Davis, 549 F. Supp. 2d 877 (W.D. Mich. 2008).
· cites it 4× “227a; and (4) altering, removing, or obliterating identifying marks on a firearm, Mich. Comp. Laws § 750.230 . See People v.”
People v. John Moore, 259 N.W.2d 403 (Mich. Ct. App. 1977).
“Alteration of a pistol in violation of MCLA 750.230; MSA 28.427 is a felony. The record shows that the trial court properly exercised its discretion in allowing use of this prior felony conviction to impeach the defendant.”
People v. Guiles, 500 N.W.2d 757 (Mich. Ct. App. 1993).
“424(1) prohibits the unlawful possession of a firearm by a licensee; MCL 750.230; MSA 28.427 prohibits the alteration of identifying marks on a firearm.”
United States v. Dzialo, 773 F. Supp. 21 (E.D. Mich. 1991).
· cites it 3× “§ 750.230. On August 7,1989, a state court dismissed this complaint.”
People v. Petro, 70 N.W.2d 69 (Mich. 1955).
“CL 1948, § 750.230 (Stat Ann § 28.427), creates a presumption that one in possession of a pistol from which the mark of identity has been altered shall be presumed to be the party who altered the identification marks.”
People v. Bankston, 261 N.W.2d 39 (Mich. Ct. App. 1977).
· cites it 6× “Defendant, convicted of alteration of a pistol in violation of MCLA 750.230; MSA 28.427, appeals claiming that he could not constitutionally be presumed to have altered the serial number of a gun merely because the gun was found in his possession.”
People v. Moore, 266 N.W.2d 145 (Mich. 1978).
“The prosecutor has applied for leave to appeal the Court of Appeals decision holding unconstitutional the provision of MCLA 750.230; MSA 28.427, 1 which makes the possession *539 of a firearm on which identifying numbers have been altered or obliterated presumptive evidence that…”
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