Section 238 - Converting military property; unlawful wearing of uniforms and devices indicating rank; unlawful use of name of military or naval organization, or unit thereof1. 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 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.
Amended by New York Laws 2019, ch. 490,Sec. 52, eff. 11/12/2020.