You guys lack the legal acumen to understand the subtlety of the difference between a current uniform and one that is no longer in use. Take BDUs. They are no longer in use. If you want to get in uniform in DBUs and wear rank and all the insignia you are not in violation of 10 USC 771/2. If you wear USAF ABUs and put on rank and insignia it is a violation because it is current and that would be impersonating an officer.

So go buy surplus but if is current do not put on insignia.

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Posted by stewie

Member since Jan 2006

3952 posts

Posted on 4/26/15 at 12:51 am to rebeloke

quote:
you guys lack the legal acumen

That's a bold statement...

quote:
rebeloke

I think this issue isn't as clear as you may perceive it to be. While there may be valid legislation on the use of active uniforms by civilians, that legislation may very well not be constitutional when applied to certain factual situations.
Yes, the Stolen Valor Act of 2005 and 2013 don't pertain to active uniforms, U.S. v. Alvarez and the revisions of the 2005 Stolen Valor Act in 2013 send a clear message that there are striking 1st Amendment considerations at play. Not to mention the loads of dicta dating back from the 60's and on concerning this issue.

I don't know the exact facts at play in this fake Green Beret situation, so I won't comment on it.
I do know the ACLU would have a field day with 10 USC 771/2 in a number of other situations (hence the lack of prosecution pursuant to 10 U.S.C. 771 and 772).

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Posted by jbgleason

Bailed out of BTR to God's Country

Member since Mar 2012

18928 posts

Posted on 4/26/15 at 4:46 am to rebeloke

quote:
i am an officer in the USAF. You guys lack the legal acumen to understand the subtlety of the difference between a current uniform and one that is no longer in use. Take BDUs.

You Sir are guilty of impersonating a member of JAG but I got news for you, it isn't a crime. No matter what legal-sounding words you use or the length and number of your posts, it doesn't change the fact that simply wearing the uniform is NOT a crime. I do love that you use the National Security argument though. Hell, maybe we should argue it is for the children too. And stop mentioning dressing up like a police officer. If that was the case, they should lock up Kip Holden and half the sorority girls from LSU every Halloween. It is not how you dress or what you say, it is HOW you do it. I can wear a military uniform all day long. It is when I try to get a free meal or gain access to a secure area on base using that uniform that the action becomes illegal. Note the subtlety there, it's not the uniform but the action (how it is used) that is illegal. Despite what some folks think, the USA is still basically a free country.

If you are so sure of your point, log into WesLaw and find me a single cite of a case where someone has been successfully prosecuted for the simple wearing of a military uniform with no other action gaining benefit. There should be plenty given the number of videos online.

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Posted by Delirium

Member since Dec 2008

2415 posts

Posted on 4/26/15 at 6:46 am to rebeloke

quote:
You guys lack the legal acumen to understand the subtlety of the difference between a current uniform and one that is no longer in use.

A month ago, I never heard of this word. Started studying for the GRE and came across this word while making flash cards. Now it seems this word is getting flung around at every possible opportunity.

Weird.

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