Altering, Removing Identifying Marks On Firearms

MCL Section 750.230 – Altering, Removing Identifying Marks On Firearms 

Michigan has a specific law that addresses the alteration, removal, or obliteration of identifying marks on firearms. George Law criminal defense lawyers will discuss the specifics of this law below, clarifying what the offense means and how to defend against charges in a criminal case.

What Does The Law Say?

According to Michigan Compiled Laws Section 750.230, it is a felony offense to willfully alter, remove, or obliterate the name of the maker, model, manufacturer’s number, or other identifying marks of a pistol or other firearm.

If found guilty of this felony offense, an individual faces serious consequences. The law stipulates that the offender can be punished with imprisonment for as much as two years and a fine of up to $1,000.

An important aspect of this law is the presumption clause. If someone is found in possession of a firearm with altered, removed, or obliterated numbers, it is presumed that the possessor is the one who made these alterations. The only exception to this presumption clause is for antique firearms.

Defense Strategies

When facing charges under Section 750.230, there are several defense strategies that might apply. The following defenses can be crucial for a criminal defense attorney to use when representing a client charged under this statute.

Lack Of Willful Intent

One defense is the lack of willful intent to alter, remove, or obliterate the identifying marks. If it can be proven that any alteration to the firearm’s identifying marks occurred accidentally or without the knowledge of the possessor, this could be a viable defense.

Challenging The Presumption Of Guilt

The statute creates a presumption that the possessor of a firearm with altered marks is the one who altered them. However, this presumption can be challenged. Evidence showing that the firearm was acquired in its altered state or that the possessor was unaware of the alteration can be used to refute the presumption.

Lack Of Possession

If the defendant can prove that they were not in possession of the firearm when the marks were altered, removed, or obliterated, this could be a strong defense. Proving that someone else had access to and possibly altered the firearm could shift the burden away from the accused.

Frequently Asked Questions

Is It Illegal To Alter Or Remove The Serial Number On A Gun?

This law specifically targets the illegal alteration, removal, or obliteration of identifying marks on firearms, including the maker’s name, model, manufacturer’s number, and other crucial identification features.

What Are The Legal Consequences For Tampering With Firearm Identifying Marks?

Violating this statute is classified as a felony offense. If convicted, the individual could face up to two years in prison or a fine of up to $1,000.00.

What Defense Strategies Can Be Used Against Charges Under This Statute?

Several defense strategies may apply, including proving a lack of willful intent to alter the marks, challenging the presumption of guilt, questioning the validity of the evidence, claiming exemption for antique firearms, or disputing possession of the firearm at the time of alteration.

How Can George Law Assist In Cases Involving Penal Code Section 750.230?

George Law’s criminal defense attorneys possess the expertise and experience to navigate these complex legal waters. They can develop a tailored defense strategy, challenge presumptions and evidence, and strive to protect the rights and future of their clients.

Michigan Gun Crime Attorneys At George Law

George Law’s criminal defense attorneys possess the experience to navigate complex criminal cases involving guns in Michigan. They can develop a tailored defense strategy, challenge presumptions and evidence, and strive to protect the rights and future of the accused. If you are facing charges under Section 750.230 or another Michigan gun law, George Law is here to help you. Contact the firm at (248) 247-7459 or online here for a consultation regarding your case.

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