Insignia ranks

[Mulisha Mitch]

Insignia Ranks?

[Nocte]

Huge thread on this topic here

I don't think this is illegal, though. I'll leave thread open though, if people want to clarify more.

[Beran]

my understanding of it is patches and whatever are alright in public, although sometimes frowned upon. so long as you are not actually claiming to be a member of the armed service you are replicating. i know of several veterans who think that what some airsofters do is great, remember the old adage imitation is the sincerest form of flattery?

i think so long as you leave any kind of unit or branch patches off, its no big deal. lots of teams and other organizations have rank structures to them. also, saying you are a member of said service when you are not is a BIG no-no.

[Pope_Alex_Kaeda_I]

Who on their team was sent to prison for impersonating an officer? If you're going to besmirch a teams honour and reputation, provide a source. Otherwise, you're another rumour monger.

Before I say anything - this is NOT legal advice. I am not a lawyer, and I have not passed the bar exam in any state. I also did not stay at a Holiday Inn

As to it being illegal to have rank insignia - Its not really. I can click on 9870897 sites and have various rank insignias sent to my house, and many private security company's try to use military-style ranks to give themselves some sort of internal authority.

Now, if I was to go out and purchase a set of butterbars, an ACU uniform and walk around claiming to be Lieutenant Kaeda of the 1st of the 337th Air Cav, there's going to be trouble under 18 USC § 912

Whoever falsely assumes or pretends to be an officer or employee acting under the authority of the United States or any department, agency or officer thereof, and acts as such, or in such pretended character demands or obtains any money, paper, document, or thing of value, shall be fined under this title or imprisoned not more than three years, or both.

Now, its perfectly legitimate for an actor to put on the uniform for a theatrical production, without being charged for impersonating. If you're at a game, and you're wearing the insignia, and your team is set up in such a way that you all know its just a game, no-one is really Lt Kaeda, and all that jazz, but everyone still follows the instructions because its fun or they'll be excluded from the group - no problem. No FBI Agent, Police Officer, Sheriffs Deputy, District Attorney is going to waste his time coming down to one of our games to screw with someone. It simply does not fit the "acting under the authority of the United States or any department, agency or officer thereof, and acts as such, or in such pretended character demands or obtains any money, paper, document, or thing of value" part of the law.

A case COULD be made under 18 USC § 704, which says "Whoever knowingly wears, manufactures, or sells any decoration or medal authorized by Congress for the armed forces of the United States, or any of the service medals or badges awarded to the members of such forces, or the ribbon, button, or rosette of any such badge, decoration or medal, or any colorable imitation thereof, except when authorized under regulations made pursuant to law, shall be fined under this title or imprisoned not more than six months, or both."

However, lets be real. No FBI Agent, Police Officer, Sheriffs Deputy, District Attorney is going to waste his time coming down to one of our games to screw with someone because they wore Sergeants Stripes and had a team rank structure. Its simply not going to happen.

As I said above . . . this was NOT legal advice. I am not a lawyer, and I have not passed the bar exam in any state. I also did not stay at a Holiday Inn Use at your own risk.

[Mulisha Mitch]

State v. Briney, Chason Lynn (A128505)

I can't find anything but this is him

http://www.publications.ojd.state.or.us/appeals.htm

I dont want to be rumor mongor

[Ryu Arcturian]

However, lets be real. No FBI Agent, Police Officer, Sheriffs Deputy, District Attorney is going to waste his time coming down to one of our games to screw with someone because they wore Sergeants Stripes and had a team rank structure. Its simply not going to happen.

Shadow Fox would be screwed XP jkjk

+1 to everything else you said too, Alex. my research indicates similar, as I have considered wearing a rank patch

[Raging Hormann]

So, to my understanding it's all right to wear insignia and such as long as you don't have a unit patch and US Army patch, but having your own team's name on a patch(which is 100% fictional) and having name tapes also of your teams name is all right because it is not impersonation of anyone or anything. Correct?

[Nox]

Uh, Paging Gunny?
What does "Cases affirmed without opinion" mean?

[Pope_Alex_Kaeda_I]

State v. Briney, Chason Lynn (A128505)

I can't find anything but this is him

http://www.publications.ojd.state.or.us/appeals.htm

I dont want to be rumor mongor

thank you. Entirely too many proplr around here get hot-headed over baseless accusations of wrongdoing (myself included). We judge first, before looking at the case or the evidence.

So, to my understanding it's all right to wear insignia and such as long as you don't have a unit patch and US Army patch, but having your own team's name on a patch(which is 100% fictional) and having name tapes also of your teams name is all right because it is not impersonation of anyone or anything. Correct?

you could show up in a US Army Uniform, looking 100% accurate to the part, and it would be legal. It becomes a problem when you identify yourself as the real deal, and use it to profit.
Example:
Big-Red: oh, alex, you were with 1/337th durring the assault on reflex point?
Alex: yup, I was part of the grand cannon crew....
Big Red - well, let me give the good parking space to you, a hero like you shouldn't have to walk all the way in from the boonies......

There, I've commited a crime. I'm wearing the uniform and using it to profit.

Example two:
Big Red: nice loadout, were you really with the 1/337th durring the assault on reflex point?
Alex: no. But I want to honor the sacrifice made by all the soliders who manned the grand cannon to death and beyond, firing over open sights into the onrushing enemy horde.
Big red: oh. That's cool. Want a beer?

Perfectly legal. I'm not using the uniform for fraudlent reasons, and profiting from it. I am profiting, but not fraudulently.

Its all in the intent, and others perceptions of what your intent is.

[Munky]

so what does that say about foreign army's? i mean i dont plan on having a rank system in my IDF team but i do want to wear all the patches/berets to acurratley replicate them?

[Pope_Alex_Kaeda_I]

so what does that say about foreign army's? i mean i dont plan on having a rank system in my IDF team but i do want to wear all the patches/berets to acurratley replicate them?

it means that you don't identify yourself as a member of the real IDF, and you won't run into any trouble. TITS is a Tasmanian Terrorist themed organization. I do not identify myself as a terrorist- I do say that I help put the Error back in terrorism, and the Fun in fundamentalism. Now, I'd be willing to bet that on occassion we've popped up when various organizations are looking for home-grown terrorist movements, and I'd be willing to bet that our theme and style show us to be a bunch of sillys, not terrorists.

Show yourself, and whenever asked, identify yourself as an airsoft team, and don't worry. Don't identify yourself as the real IDF (or Russian army, or British, French, German, US, Mexican, Canadian, etc.). Doing so is just asking for trouble.

[Hoff]

I wonder if someone would get all upset if I wore my Captain bars to a game.

[Tanto]

I wonder if someone would get all upset if I wore my Captain bars to a game.

I wear Capt. bars, no complaints yet...

A friend of mine wears Lt. Col. leafs on his uniform.

[Pope_Alex_Kaeda_I]

I wonder if someone would get all upset if I wore my Captain bars to a game.

Did you see the thread that Nocte linked to? Or any of 109870987 threads on lightfighter, AR15.com and Militaryphotos.com about people wearing insignia that they did not earn?

Someone IS going to get their panties all up in a bunch over it. The question is, do you care what they think?

As long as you are not represenging yourself as Captain Hoff of 1st of the 337th Air Cav . . . its not a problem.

[Raging Hormann]

Heh, I wore Cpt. Bars to OPSP and some guy in multicam stood at attention. it was funny and I said at ease. But yeah, thanks alex, want a beer?