SENATE BILL NO. 1134

November 26, 2024, Introduced by Senator POLEHANKI and referred to the Committee on Civil Rights, Judiciary, and Public Safety.

A bill to amend 1931 PA 328, entitled

"The Michigan penal code,"

(MCL 750.1 to 750.568) by adding section 224g.

the people of the state of michigan enact:

Sec. 224g. (1) Except as otherwise provided in this section, an individual shall not do any of the following:

(a) Sell, purchase, transfer, own, possess, carry, or transport a deceptively colored firearm.

(b) Modify or attempt to modify a firearm to make it a deceptively colored firearm.

(c) Sell, purchase, transfer, own, possess, carry, or transport a deceptive coloring product.

(d) Sell, purchase, transfer, own, possess, carry, or transport a covert firearm.

(2) An individual who violates this section or any rule promulgated under this section is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $500.00, or both.

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

(a) The ownership or possession of a deceptively colored firearm, covert firearm, or deceptive coloring product by an individual who owns or possesses it on the effective date of the amendatory act that added this section.

(b) The ownership or possession of any deceptively colored firearm, covert firearm, or deceptive coloring product by an individual who receives the deceptively colored firearm, covert firearm, or deceptive coloring product by operation of law after the effective date of the amendatory act that added this section, so long as such the individual, no later than 14 days after receipt, does either of the following:

(i) Surrenders the deceptively colored firearm, covert firearm, or deceptive coloring product to the department of state police for disposal.

(ii) Modifies the deceptively colored firearm or covert firearm so that it is no longer a deceptively colored firearm or covert firearm and cannot be readily converted into one.

(c) A deceptively colored firearm, deceptive coloring product, or covert firearm sold to, purchased by, owned by, possessed by, carried by, or transported by any of the following:

(i) The United States.

(ii) This state or another state.

(iii) A department, an agency, or a political subdivision of the United States, this state, or another state.

(iv) A member of an entity or organization described in subdivisions (i) to (iii) while engaged in the course of that member's duties with that entity or organization or while going to or returning from those duties.

(d) The transfer, possession, carrying, or transport of a deceptively colored firearm, deceptive coloring product, or covert firearm for purposes of surrendering that deceptively colored firearm, deceptive coloring product, or covert firearm to the department of state police.

(e) A firearm with a handle that is composed of ivory or that is colored so as to appear to be composed of ivory.

(f) An antique firearm.

(4) The department of state police may promulgate rules to implement this section.

(5) As used in this section:

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

(b) "Covert firearm" means a firearm that is constructed in a shape or configuration such that it is not immediately recognizable as a firearm.

(c) "Deceptively colored firearm" means a firearm of which a substantial portion of the exterior surface is any color other than black, brown, dark grey, dark green, silver, steel, or nickel.

(d) "Deceptive coloring product" means a product that is intended to be used alone or in combination with another product to modify a firearm to make it a deceptively colored firearm.

(e) "Substantial portion of the exterior surface" means any of the following:

(i) More than 50% of the exterior surface.

(ii) The exterior surface of the receiver.

(iii) The exterior surface of the slide.

Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.