N.Y. Military Law Section 238-C
Wearing of uniforms

  • prohibited

a.

It shall be unlawful for any person to appear in any public place or in the public view attired in any uniform similar to that worn by the military, semi-military, naval, police, storm troop or other official or semi-official forces of any foreign state, nation or government, or attired in any distinctive part or parts of such a uniform, or to assemble with other persons similarly attired in any camp, drill ground or other place for the purpose of engaging in military drill or training or other military practices.

b.

It shall be unlawful for any person to appear in any public place, or in the public view attired in any uniform similar to that worn by the members of the storm troop of Nazi Germany, or attired in any distinctive part or parts of such a uniform, or to assemble with other persons similarly attired in any camp, drill ground or other place.

c.

It shall be unlawful for any person to appear in any public place or in the public view attired in the uniform or wearing the distinctive garment of any association of persons of whatsoever nature or form which engages in, adopts, or imitates the drill formations, salutes or other methods or practices or the symbols of any foreign military, semi-military, naval, police, storm troop or similar foreign organization, or to assemble with other persons similarly attired in any camp, drill ground or other place for the purpose of engaging in military drill or training or other military practices.

d.

It shall be unlawful for the proprietor, manager or keeper of a public hall, public garden, theatre or any other place of public meeting, resort or amusement to permit therein any assemblage of persons attired as prohibited in this section.

e.

It shall be unlawful for any person to appear in any public place or in the public view attired in the uniform or wearing the distinctive garment of any association of persons of whatsoever nature or form which engages in, adopts, or imitates the drill formations, salutes or other methods or practices or the symbols of the members of the storm troop of Nazi Germany or similar foreign organization, or to assemble with other persons similarly attired in any camp, drill ground or other place for the purpose of engaging in military drill or training or other military practices.

f.

This section shall not apply to the officers or members of the military, semi-military, naval, police or other official or semi-official forces of any foreign state, nation or government lawfully within the state of New York, the Knights of Columbus, the Boy Scouts of America, any student of any school or academy recognized by the board of regents of the state of New York, nor to the members of the cast of any stage or motion picture production characterizing the officials of a foreign state, nation or government; provided, however, that in any prosecution hereunder it shall be presumed that a person wearing the uniform of a foreign state, nation or government or of any of its official or semi-official forces or attired in any distinctive part or parts of such a uniform, was not at the time of the alleged violation of this section a member of any of the organizations excepted herein.

g.

A violation of any of the provisions of this section shall be a class A misdemeanor.

Source: Section 238-C — Wearing of uniforms; prohibited, https://www.­nysenate.­gov/legislation/laws/MIL/238-C (updated Sep. 22, 2014; accessed Apr. 13, 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. 13, 2024

Last modified:
Sep. 22, 2014

§ 238-C’s source at nysenate​.gov

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