N.Y. Military Law Section 238
Converting military property

  • unlawful wearing of uniforms and devices indicating rank
  • unlawful use of name of military or naval organiz...
§ 238. Converting military property; unlawful wearing of uniforms and devices indicating rank; unlawful use of name of military or naval organization, or unit thereof.

1.

Any person who shall secrete, sell, dispose of, offer for sale, purchase, retain after demand by a commissioned officer of the organized militia, or in any manner pawn or pledge any arms, uniforms, equipments, or other military property, issued under the provisions of this chapter; or, 2. Any person, except members of the armed forces of the United States, members of the organized militia of this or any other state, personnel of the independent military organizations designated in § 240 (Military parades and organizations by unauthorized bodies prohibited)section two hundred forty of this article, members of associations wholly composed of persons who (a) were honorably discharged from the armed forces of the United States, or

(b)

have a qualifying condition, as defined in section three hundred fifty of the executive law, and have received a discharge other than bad conduct or dishonorable from the armed forces of the United States, or

(c)

are discharged LGBT veterans, as defined in section three hundred fifty of the executive law, and have received a discharge other than bad conduct or dishonorable from the armed forces of the United States, and members of associations wholly composed of sons of veterans of any war of the United States, who shall wear any uniform or any device, strap, knot or insignia of any design or character used as a designation of grade, rank or office, such as are by law or by regulation, duly promulgated, prescribed for the use of the organized militia or similar thereto; or, 3. Any person, society or corporation who shall, with intent to acquire or obtain for personal or business purposes a benefit or advantage, assume, adopt or in any manner use the name of a regiment, battalion, battery, squad, troop, division, company or other unit of any military or naval organization constituting a part of the organized militia of the state of New York, or of any society, association or other organization, or a part thereof, whether incorporated or unincorporated, that has been recognized by the commanding officer of such military or naval organization as a society or association of its veterans or ex-members, or who shall assume or adopt a name so nearly resembling it as to be calculated to deceive the public with respect to any such military or naval organization, or any such society, association or other organization, or a part thereof, of its veterans or ex-members, without first having obtained the written consent of the commanding officer of such military or naval organization; or, 4. Any person who shall fraudulently wear any badge, insignia, clasp, rosette or button issued by the government of the United States or the state of New York or any foreign government to which the United States was allied in any war, Is guilty of a misdemeanor. Whenever there shall be an actual or threatened violation of any of the subdivisions of this section, an application may be made to a court or justice having jurisdiction to issue an injunction, upon notice to the defendant of not less than five days, for an injunction to enjoin and restrain said actual or threatened violations; and if it shall appear to the satisfatcion of the court or justice that the defendant is in fact violating any of the subdivisions of this section, or is threatening to do so, an injunction may be issued by such court or justice enjoining and restraining such action or threatened violation without requiring proof that any person has in fact been misled or deceived or otherwise injured thereby.

Source: Section 238 — Converting military property; unlawful wearing of uniforms and devices indicating rank; unlawful use of name of military or naval organiz..., https://www.­nysenate.­gov/legislation/laws/MIL/238 (updated Nov. 13, 2020; accessed Apr. 20, 2024).

235
Relief from civil or criminal liability 235‑A
Income and resources not to include agent orange benefits 236
Right of way 237
Free passage through toll-gates and tunnels and over toll-bridges and ferries 238
Converting military property 238‑A
Damaging military or naval equipment, supplies or stores 238‑B
Seizing military stores belonging to the state 238‑C
Wearing of uniforms 239
Trespassers and disturbers to be placed in arrest 240
Military parades and organizations by unauthorized bodies prohibited 240‑A
Historic military commands 241
Devises and bequests 242
Rights of public officers and employees absent on military duty as members of the organized militia or of reserve forces or reserve compo... 243
Provisions applicable to public employees who are absent on military duty 243‑A
Non-contributory retirement service credit for members of the New York state and local retirement systems or the New York state teachers’... 243‑B
Civil service examinations by military personnel 243‑B*2
Payment of certain pension contributions by the city of New York 243‑C
Application period for civil service examinations for military personnel 243‑D
Non-contributory retirement service credit for members of the New York state and local retirement systems, the New York city retirement s... 244
Members of pension system absent on military duty 244‑A
Credit to members of public retirement systems for military service performed during war 245
Retirement allowances of certain war veterans 246
Leave of absence for public employees who are war veterans to continue study 247
Medals and decorations 248
Oaths 249
State and municipal officers and employees granted leaves of absence on July fourth in certain cases 250
Recording certificates of honorable discharge 250‑A
Lt 251
Depriving members of organized militia of employment 252
Discrimination against members of organized militia 253
Military service by parent 254
Video teleconferencing for families of persons ordered to active duty 255
Benefit information for national guard members and families
Green check means up to date. Up to date

Accessed:
Apr. 20, 2024

Last modified:
Nov. 13, 2020

§ 238’s source at nysenate​.gov

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