2023 New York Laws › MIL - Military › Article 11 - Privileges, Prohibitions and Penalties › 238 - Converting Military Property; Unlawful Wearing of Uniforms and Devices Indicating Rank; Unlawful Use of Name of Military or Naval Organization, or Uni

§ 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.