Following is legal
information and links to U.S. Federal & U.S. State Laws and regulations
as well as Foreign National Laws governing Badges, Emblems, Uniforms, Insignias
and Names. All but a couple of U.S. States rely on the U.S. Federal laws
and do not have their own State laws governing the possession, marketing and
sale of police insignia. Also listed are any current efforts to pass legislation
which may affect U.S. Badge Collectors. This list may not contain all current
and updated laws / regulations. If you wish to have an updated or new regulation
added to this list, please e-mail all teh details to the following address ~
badges@badges-etc.com
UNITED STATES LAW
U.S.
FEDERAL:
United States Code Sections 700-715 - EMBLEMS, INSIGNIA & NAMES
United State Code, TITLE 18 - CRIMES & CRIMINAL PROCEDURE,
PART I - CRIMES
U.S.
FEDERAL:
United States Code Section 716 - Police Badges - EMBLEMS, INSIGNIA & NAMES
United State Code, TITLE 18 - CRIMES & CRIMINAL PROCEDURE,
PART I - CRIMES
U.S.
FEDERAL:
United States Code Section 704 - EMBLEMS, INSIGNIA & NAMES - MILITARY MEDALS
OR DECORATIONS
United
States Code, TITLE 18 - CRIMES & CRIMINAL PROCEDURE, PART I - Chapter 33
AMENDMENT
- H.R. 3352 The Stolen Valor Act of 2005 (In the Senate July 19, 2005)
BLUE
KNIGHTS INTERNATIONAL - Law Enforcement Motorcycle
Club, Inc.:
The words "Blue Knights" are trademark protected, as is the international
logo. There is a formal process for the issuing of sales permits that
only "Chapters" and "Conferences" can obtain, not individuals
or even individual members of the Blue Knights.
(Source: Bob Seelye, Chairman, Blue Knights International Sales, Seattle,
WA.)
CALIFORNIA - CITY OF GLENDALE:
Chapter 2.104 POLICE BADGES AND UNIFORMS
2.104.040 Badges-Restrictions.
The following restrictions shall be applicable to the manufacture and use of
badges:
A. No person shall manufacture, sell, design or transfer any regular police
officer's badge without written authorization of the chief of police. Except
as provided in subsection C of this section, the manufacture, sale, design or
transfer of such badges shall only be for the purpose of delivering them to
the chief of police.
B. No person shall manufacture, sell, design or transfer any badge, star, shield,
miniature, ring, charm or insignia, regardless of size, shape or design, which
has on it the words "Glendale Police" or "Glendale Detective,"
or other words which, when used separately, together or in a combination with
any other words, indicate a connection with the subdivision of police of the
city, or which is identical in design with or which resembles or may be mistaken
for the design of the regular police officer's badge, without written authorization
of the chief of police and, except as provided in subsection C of this section,
then only for the purpose of delivering the items to the chief of police.
C. Exceptions. The prohibitions of this section shall not apply to the following
circumstances:
1. Where sworn police department personnel are authorized to purchase police
department badges that were retired from use in 2000;
2. Where sworn police department personnel are authorized to retain commemorative
centennial badges upon the badges' retirement from use; and
3. Where commemorative centennial badges are encased in Lucite or other similar
permanent encasing, the Glendale Police Officers' Association may sell the centennial
badges as keepsakes. (Ord. 5495 § 1, 2005: prior code § 19-14)
CALIFORNIA - CITY OF LOS ANGELES:
The use of the Los Angeles City Seal, LAPD marks, and LAPD Badges (City Marks)
for any commercial purpose is unauthorized and constitutes trademark infringement
under the law , including but not limited to the Lanham Act, 15 U.S.C. S 1125
and also violates or causes others to violate SS 52.23, 52.27 of the Los Angeles
Municipal Code ("LAMC"), relating to Public Safety. Further,
Section 63.108 of the LAMC protects the City Seal against use by private entities.
The City of Los Angeles will aggressively confiscate and/or prosecute violators.
(Source: Philip H. Lam, Office of the City Attorney, Los Angeles, CA.)
CALIFORNIA - CITY OF SAN FRANCISCO:
SEC. 934. REGULATING SALE OF POLICE BADGES.
It shall be unlawful for any person, firm or corporation to sell or offer for
sale, or cause to be sold or offered for sale, or to deliver, or cause to be
delivered, to any person, any badge or star of the kind or design used by the
members of the Police Department, without the written authorization of the Chief
of Police.
(Added by Ord. 1.075, App. 10/11/38)
CALIFORNIA - CITY OF SAN MATEO:
2.39.090 UNAUTHORIZED POSSESSION OF BADGE OR PRESS IDENTIFICATION CARD.
No person shall have in his possession any official police badge or special
reserve police officer's badge or press identification card which has not been
lawfully issued to him according to the provisions of this chapter. No person
shall possess any such card or badge after his right to use such card or badge
has been terminated.
Unless authorized by the Chief of Police, no person shall have in his possession
any other badge, star, shield, miniature, ring, charm or insignia, regardless
of the size, shape or design thereof, which has on it the words "San Mateo Police"
or "San Mateo Detective," whether used separately, together or in combination
with any other words indicating a connection with the San Mateo police department,
or which is identical in design with or which so resembles an official police
officer's badge or a reserve police officer's badge that it may be readily mistaken
for either of such badges. No person who is not a regular police officer, reserve
police officer, honorably retired police officer, police service aid or police
cadet shall wear or display any badge, star or insignia calculated to indicate
that he or she is a member of, or connected with, the San Mateo police department.
(Ord. 1981-5 § 9, 1981: prior code § 10.37).
2.39.100 AUTHORIZED
BADGES OF RETIRED OFFICERS. (a) Notwithstanding any other provisions of this
chapter, any person who has been, during his lifetime, a duly and regularly
appointed, commissioned and sworn police officer of this city and who has honorably
retired from such position, may retain and carry any badge lawfully issued to
him or otherwise lawfully acquired by him during his service or incident to
his retirement, provided the word "retired" is plainly shown on such badge,
by being engraved or embossed thereon or otherwise permanently affixed thereto.
(b) Nothing in this section shall be deemed to authorize the use of any badge
herein mentioned for any unlawful purpose, and any such badge so used may be
confiscated by the Chief of Police.
(c) Any badge mentioned in this section shall be subject to confiscation by
the Chief of Police if worn or displayed by any person other than the person
authorized to possess it, and shall be returned to the person authorized to
possess it only upon a showing that such wearing or display was without his
consent, express or implied. (Ord. 1981-5 § 10, 1981: prior code § 10.38).
CALIFORNIA - LOS ANGELES COUNTY SHERIFFS OFFICE:
The sale or marketing of Los Angeles County Sheriffs badges, replicas of such
badges, or badges which resemble Los Angeles County Sheriffs badges, will result
in litigation under Los Angeles County Codes 5.64.310/5,64.350 which prohibit
the sale of official peace officer badges and California Penal Code section
528d which renders such activity a misdemeanor and subject to a fine not to
exceed $15000.
(Source: Counsel for Los Angeles County, Sheriff's Legal Advisory Unit,
Los Angeles, CA.)
CONNECTICUT
- MASHANTUCKET PEQUOT TRIBAL NATION:
The sale or marketing of Mashantucket Pequot Tribal Nation badges, or any such
products bearing the name of the Tribe or its registered trademark are in violation
of Section 43(a) of the Lanham Trademark Act.
(Source: Peter L. Costas, Counsel for The Mashantucket Pequot Tribal Nation,
Hartford CT.)
FLORIDA
- STATE:
Title XLVI CRIMES, Chapter 843 OBSTRUCTING JUSTICE (In part)
843.085 Unlawful use of police badges or other indicia of authority.--It is
unlawful for any person:
(1) Unless appointed by the Governor pursuant to chapter 354, authorized by
the appropriate agency, or displayed in a closed or mounted case as a collection
or exhibit, to wear or display any authorized indicia of authority, including
any badge, insignia, emblem, identification card, or uniform, or any colorable
imitation thereof, of any federal, state, county, or municipal law enforcement
agency, or other criminal justice agency which could deceive a reasonable person
into believing that such item is authorized by any of the agencies described
above for use by the person displaying or wearing it.
(3) To sell, transfer, or give away the authorized badge, or colorable imitation
thereof, including miniatures, of any criminal justice agency as now or hereafter
defined in s. 943.045, or bearing in any manner or combination the word or words
"police," "patrolman," "sheriff," "deputy,"
"trooper," "highway patrol," "Wildlife Officer,"
"Marine Patrol Officer," "marshal," "constable,"
"agent," "state attorney," "public defender,"
or "bailiff," which could deceive a reasonable person into believing
that such item is authorized by any of the agencies described above, except
for agency purchases or upon the presentation and recordation of both a driver's
license and other identification showing any transferee to actually be a member
of such criminal justice agency or unless the person is appointed by the Governor
pursuant to chapter 354.
(Source:
Florida Statutes)
ILLINOIS
- STATE:
May 2005 - Cook County, Illinois Sheriff Michael Sheahan's request to make sales
of law enforcement badges illegal without the express written consent of the
agency named on the badge went into effect on 1-1-06 as seen in the Criminal
Code posted below. However the standard Federal defense to prosecution
is still valid for Collectors.
ILLINOIS
- CRIMINAL OFFENSES (720 ILCS 5/) Criminal Code of 1961
(720 ILCS 5/32 5.2 5)
Sec. 32 5.2 5. False law enforcement badges.
(a) A person who knowingly produces, sells, or distributes
a law Enforcement badge without the express written consent of the law enforcement
agency represented on the badge, or in case of a reorganized or defunct law
enforcement agency, its successor law enforcement agency, is guilty of a Class
A misdemeanor. A second or subsequent violation of this Section is a Class 3
felony.
(b) It is a defense to a prosecution under this Section
that the law enforcement badge is used or is intended to be used exclusively:
(1) as a memento, or in a collection
or exhibit;
(2) for decorative purposes;
(3) for a dramatic presentation,
such as a theatrical, film, or television production. (Source: P.A. 94 341,
effective 1-1-06.)
ILLINOIS
STATE AMENDMENT - 2006
92_HB4073 LRB9212482LDtmA - AN ACT in relation to criminal law. Be it
enacted by the People of the State of Illinois, represented in the General Assembly:
Section 5. The Criminal Code of 1961 is amended by adding Section 17-2.1 as
follows:
6 (720 ILCS 5/17-2.1 new) 7 Sec. 17-2.1.False police badges.
A person who manufactures, sells, trades, exhibits for sale, or offers for sale,
an identification card or badge of a police organization, or a colorable imitation
of an identification card or badge of a police organization, knowing that his
or her conduct is not authorized by that organization, commits a Class 4 felony.
ILLINOIS
- CITY OF CHICAGO:
The Current design Chicago Police Department star (2002-present) is copyrighted.
As such, the provision of Title 18, section 716 and Illinois ILCS 5/32 allowing
for an affirmative defense is void in the case of the Chicago Police Department
star.
(Source: Sergeant Raymond Gawne, Chicago Police Department)
MAINE
- STATE POLICE:
The State of Maine is one of the few states with a law that prohibits the sale
or distribution of any item of the Maine State Police uniform.
MISSOURI
- CITY OF ST. LOUIS:
St. Louis City Missouri Revised Code Chapter 15.08 Division I Chapter 15.08
IMPERSONATION OF OFFICERS
Sections:15.08.010Badges--Wearing--Display. 15.08.020Badges--Sale.
15.08.010 Badges--Wearing--Display.
It is unlawful for any person, without being authorized to do so, to wear, display
or have on his person, any badge, shield, button, pin or other emblem, which
purports, represents or in any manner indicates, that the wearer or possessor
thereof is vested or endowed with official powers or with authority to make
arrests, or in any manner to exercise governmental or police powers, or which
shall purport, represent or in any manner indicate, that the wearer or possessor
thereof is a duly appointed sheriff, deputy sheriff, constable, police officer,
detective, marshal, private watchman, city or state inspector. (1948 C. Ch.
46 § 4: 1960 C. § 784.010.)
15.08.020 Badges--Sale.
It is unlawful for any person, to sell, offer for sale or display for the purpose
of sale, any badge, shield, button, pin or other emblem, which purports, represents
or in any manner indicates, that the wearer or possessor thereof is vested or
endowed with official powers or with authority to make arrests, or in any manner
to exercise governmental or police powers, or which shall purport, represent
or in any manner indicate, that the wearer or possessor thereof is a duly appointed
sheriff, deputy sheriff, constable, police officer, detective, marshal, private
watchman, city or state inspector, unless the purchaser thereof is authorized
to wear or possess the same. (1948 C. Ch. 46 § 5: 1960 C. § 784.020.)
NEW
YORK STATE:
CONSOLIDATED LAWS PENAL ARTICLE 190
S 190.26 Criminal impersonation in the first degree.
A person is guilty of criminal impersonation in the first degree when he:
1. Pretends to be a police officer, or wears or displays without authority, any
uniform, badge or other insignia or facsimile thereof, by which such police officer
is lawfully distinguished or expresses by his words or actions that he is acting
with the approval or authority of any police department; and
2. So acts with intent to induce another to submit to such pretended official
authority or otherwise to act in reliance upon said pretense and in the course
of such pretense commits or attempts to commit a felony; or
3. Pretending to be a duly licensed physician or other person authorized to issue
a prescription for any drug or any instrument or device used in the taking or
administering of drugs for which a prescription is required by law, communicates
to a pharmacist an oral prescription which is required to be reduced to writing
pursuant to section thirty-three hundred thirty-two of the public health law.
Criminal impersonation in the first degree is a class E felony.
S 190.27 Criminal sale
of a police uniform.
A person is guilty of criminal sale of a police uniform when he or she sells
or offers for sale the uniform of any police officer to any person, unless presented
with a valid photo identification card showing the purchaser to be a member
of the police department which has authorized the requested uniform or an authorization
to purchase specified uniforms signed by the police chief or the police commissioner
of such police department accompanied by a personal photo identification. For
purposes of this section, "police officer" shall include federal law enforcement
officers, as defined in section 2.15 of the criminal procedure law; and "uniform"
shall include all or any part of the uniform which identifies the wearer as
a member of a police department, such as the uniform, shield, badge, numbers
or other identifying insignias or emblems. Criminal sale of a police uniform
is a class A misdemeanor.
NEW
YORK CITY POLICE & AUXILIARY OFFICERS:
Internal policies prohibit the sale of any law enforcement badge by active duty
police officers.
(Source: New York Post quote of Inspector Michael Coan, February 2, 2005)
(If someone knows
the official text of this law please contact us.)
OHIO
- STATE:
Proposed House Bill No. 115 creates
the offense of unlawful sale of a peace officer badge or uniform. The bill (if
passed) prohibits a person from knowingly selling or offering to sell to any
person other than an active duty police officer any badge, other insignia of
authority, or distinctive uniform that the person knows or reasonably should
know is used by a peace officer, intended for use by a peace officer, or designed
or manufactured for use by a peace officer as an official badge, other insignia
of authority, or distinctive uniform of a peace officer in the performance of
the peace officer's official duties. (As of 1-15-06 this bill is still in committee)
OHIO - STATE HIGHWAY PATROL:
The Ohio State Highway Patrol insignia and logo are registered trademarks with
the United States Patent and Trademark Office. The Patrol's flying wheel
symbol, when used in conjunction with any combination of the words, "Ohio
State Highway Patrol," and the Ohio State Highway Patrol Trooper Badge,
are protected under United States trademark laws. Any use of the Patrol's
logo/emblem, except those uses outlined in the Ohio Revised Code, Ohio Administrative
Code, and Division rules & regulation, policies and procedures, must be
licensed. The unauthorized use of the Ohio State Highway Patrol indicia
is a violation of state and federal law, subject to civil and criminal penalties.
The Patrol has a licensing program that allows vendors to produce merchandise
that bears their trademarks. Click here for information regarding the
Ohio State Highway Patrol Trademark Licensing Program.
(Source:
Colonel Paul D. McClellan, Superintendent, Ohio State Highway Patrol, Columbia,
OH.)
PENNSYLVANIA - STATE POLICE:
The Pennsylvania State Police Badge is a trademark of the Pennsylvania State
Police. The badge has been registered with the Pennsylvania Department
of State and with the United States Patent and Trademark Office under the Trademark
Act of 1946. As a result, such insignia cannot be used without permission
and a license from the Commissioner of the Pennsylvania State Police.
As a matter of policy, the Commissioner of the Pennsylvania State Police does
not generally permit the commercial exploitation of the Pennsylvania State Police
Badge in the marketing of merchandise except by their licensed charities.
Accordingly, the Pennsylvania State Police will object to your producing, marketing
and selling of any item bearing the Pennsylvania State Police Badge insignia
and will pursue their rights in all 50 states.
(Source: Pennsylvania State Police, Thomas F. Jakubiak, Office of Chief Counsel,
Harrisburg, PA.)
TEXAS - STATE:
Texas Penal Code, Section 37.12. False Identification as Peace Officer.
(a) A person commits an offense if:
(1) the person makes, provides to another person, or possesses a card, document,
badge, insignia, shoulder emblem, or other item bearing an insignia of a law
enforcement agency that identifies a person as a peace officer or a reserve
law enforcement officer; and
(2) the person who makes, provides, or possesses the item bearing the insignia
knows that the person so identified by the item is not commissioned as a peace
officer or reserve law enforcement officer as indicated on the item.
(b) It is a defense to prosecution under this section that:
(1) the card, document, badge, insignia, shoulder emblem, or other item bearing
an insignia of a law enforcement agency clearly identifies the person as an
honorary or junior peace officer or reserve law enforcement officer, or as a
member of a junior posse;
(2) the person identified as a peace officer or reserve law enforcement officer
by the item bearing the insignia was commissioned in that capacity when the
item was made; or
(3) the item was used or intended for use exclusively for decorative purposes
or in an artistic or dramatic presentation.
(c) In this section, "reserve law enforcement officer" has the same meaning
as is given that term in Section 1701.001, Occupations Code.
(d) A person commits an offense if the person intentionally or knowingly misrepresents
an object as property belonging to a law enforcement agency.
(e) An offense under this section is a Class B misdemeanor.
(Effective 9/1/2001)(A Class B Misdemeanor is punishable with a fine of not
more than $2,000 and/or a term of confinement not more than six months in county
jail.)
TEXAS - TEXAS RANGERS:
Texas law prohibits the making, buying, selling, or trading of replicas or real
Texas Ranger badges of the currently-used style. The penalty for violation is
up to one year in jail and/or a $4,000 fine per instance.
Texas Law.
FOREIGN NATIONAL LAWS
NEW
SOUTH WALES:
The use of any NSW Police "insignia" as defined in section 203 of
the Police Service ACT 1990 without the express written approval of the NSW
Police is an offence and may lead to criminal prosecution.
NOVA
SCOTIA:
BILL NO. 131, Police Act - CHAPTER 31 OF THE ACTS OF 2004
An Act Respecting Policing in Nova Scotia
POLICE INSIGNIA 69
(1) No person or organization shall use the uniform, insignia, vehicle markings
or other signs or symbols of a police department.
(2) Where the Minister is of the opinion that the uniform, insignia, vehicle
markings or other signs or symbols employed by a person or organization are
so similar to those used by a police department that the public or a member
of the public may be misled, the Minister may, by order in writing, require
the person or organization to cease using the uniform, insignia, vehicle markings
or other signs or symbols.