GoodGuy
Posts: 1506
Joined: 5/17/2006 From: Cologne, Germany Status: offline
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I do have a strong feeling that your intern or whoever should do that job, hehe, but here goes: quote:
http://www.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00000702----000-.html ORIGINAL: USC title 18, part 1, chapter 33, § 702: § 702. Uniform of armed forces and Public Health Service "Whoever, in any place within the jurisdiction of the United States or in the Canal Zone, without authority, wears the uniform or a distinctive part thereof or anything similar to a distinctive part of the uniform of any of the armed forces of the United States, Public Health Service or any auxiliary of such, shall be fined under this title or imprisoned not more than six months, or both." Ok, what does "without authority" mean? Not being an active member of the armed forces, veteran etc, I guess. Does that prohibit wearing a uniform off-duty? No. Next: quote:
ORIGINAL: USC TITLE 10, Subtitle A, PART II, CHAPTER 45, § 772 "§ 772. When wearing by persons not on active duty authorized (a) A member of the Army National Guard or the Air National Guard may wear the uniform prescribed for the Army National Guard or the Air National Guard, as the case may be." Hmm, pretty vague wording, eh? It seems there's NO prohibition even for inactive members of the NG, according to that paragraph. I have not found a paragraph in the USC that would prohibit to "impress" a jury or judge, yet. HEHE. Next: quote:
ORIGINAL: Arizona Code - Chapter 1 Military Affairs and Emergency Management http://law.justia.com/arizona/codes/title26/00170.html Article 3 National Guard Revised Statutes §26-170 : Unauthorized wearing of uniform; rank insignia; violation; classification : A. No person shall wear any part of the uniform of the national guard or the army, navy or air force of the United States, or a uniform so similar as to be easily mistaken therefor, unless the person is a member of the service whose uniform he wears, an inmate of a veterans' or soldiers' home, or a member of an organization of the United States veterans. B. A person in the theatrical profession may wear the uniform in a playhouse or theatre while actually engaged in acting the part of a member thereof. C. A civic organization may parade or travel in a body or assemble in a lodge room, but when the active militia or any part thereof is in active service, or is called into active service, such civic organization or member thereof shall not parade or appear in uniform in the same locality where the active militia is in service. D. Persons authorized to wear the military uniform of the United States may only display the rank insignia of the highest rank in which they have received federal recognition except the adjutant general who may display the rank insignia of his state appointed grade after written consent of his service branch. E. A person violating this section is guilty of a class 2 misdemeanor." Clause a) does not explicitly distinguish between active and inactive members of the NG. Interesting. Does an inactive NG serviceman become a "non-member"? I'm not a US lawyer (unlike you, COUGH :p), but I'd say it's down to the AZ NG (or down to LOCAL/COUNTY regulations - if there are any) to allow wearing of uniforms outside working hours/duty or - in this case - in court, UNLESS there is some AZ law OR county law that would specifically regulate something along these lines: quote:
Wearing a military uniform in court is prohibited under Pennsylvania law in certain cases. State law says that military members cannot wear their uniforms "for the purpose of obtaining aid or profit or while soliciting contributions or subscriptions." Even the National Guard of Arizona's "Active guards/reserve (AGR) handbook for supervisors, AGR soldiers, and dependents" doesn't contain any word about wearing uniforms off-duty: http://www.azguard.gov/HRO/documents/agr_handbook.pdf There may just be some internal MEMO at NGAZ regulating the issue, imho.
< Message edited by GoodGuy -- 4/1/2010 8:27:01 PM >
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"Aw Nuts" General Anthony McAuliffe December 22nd, 1944 Bastogne --- "I've always felt that the AA (Alied Assault engine) had the potential to be [....] big." Tim Stone 8th of August, 2006
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