N.Y. Military Law § 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

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.