§ 238 — Converting military property; unlawful wearing of uniforms and devices indicating rank; unlawful use of name of military or naval organiz...

New York § 238

• Jurisdiction: New York
• Law MIL: Military
• Art. 11: Privileges, Prohibitions and Penalties

Text

§ 238. Converting military property; unlawful wearing of uniforms and\ndevices indicating rank; unlawful use of name of military or naval\norganization, or unit thereof. 1. Any person who shall secrete, sell,\ndispose of, offer for sale, purchase, retain after demand by a\ncommissioned officer of the organized militia, or in any manner pawn or\npledge any arms, uniforms, equipments, or other military property,\nissued under the provisions of this chapter; or,\n 2. Any person, except members of the armed forces of the United\nStates, members of the organized militia of this or any other state,\npersonnel of the independent military organizations designated in\nsection two hundred forty of this article, members of associations\nwholly composed of persons who (a) were honorably discharged from the\narmed forces of the United States, or (b) have a qualifying condition,\nas defined in section three hundred fifty of the executive law, and have\nreceived a discharge other than bad conduct or dishonorable from the\narmed forces of the United States, or (c) are discharged LGBT veterans,\nas defined in section three hundred fifty of the executive law, and have\nreceived a discharge other than bad conduct or dishonorable from the\narmed forces of the United States, and members of associations wholly\ncomposed of sons of veterans of any war of the United States, who shall\nwear any uniform or any device, strap, knot or insignia of any design or\ncharacter used as a designation of grade, rank or office, such as are by\nlaw or by regulation, duly promulgated, prescribed for the use of the\norganized militia or similar thereto; or,\n 3. Any person, society or corporation who shall, with intent to\nacquire or obtain for personal or business purposes a benefit or\nadvantage, assume, adopt or in any manner use the name of a regiment,\nbattalion, battery, squad, troop, division, company or other unit of any\nmilitary or naval organization constituting a part of the organized\nmilitia of the state of New York, or of any society, association or\nother organization, or a part thereof, whether incorporated or\nunincorporated, that has been recognized by the commanding officer of\nsuch military or naval organization as a society or association of its\nveterans or ex-members, or who shall assume or adopt a name so nearly\nresembling it as to be calculated to deceive the public with respect to\nany such military or naval organization, or any such society,\nassociation or other organization, or a part thereof, of its veterans or\nex-members, without first having obtained the written consent of the\ncommanding officer of such military or naval organization; or,\n 4. Any person who shall fraudulently wear any badge, insignia, clasp,\nrosette or button issued by the government of the United States or the\nstate of New York or any foreign government to which the United States\nwas allied in any war,\n Is guilty of a misdemeanor.\n Whenever there shall be an actual or threatened violation of any of\nthe subdivisions of this section, an application may be made to a court\nor justice having jurisdiction to issue an injunction, upon notice to\nthe defendant of not less than five days, for an injunction to enjoin\nand restrain said actual or threatened violations; and if it shall\nappear to the satisfatcion of the court or justice that the defendant is\nin fact violating any of the subdivisions of this section, or is\nthreatening to do so, an injunction may be issued by such court or\njustice enjoining and restraining such action or threatened violation\nwithout requiring proof that any person has in fact been misled or\ndeceived or otherwise injured thereby.\n