Alabama Stolen Valor Law in effect

Orders & Medals Society of America Forums American Medal Collecting Federal Medals Alabama Stolen Valor Law in effect

This topic contains 3 replies, has 1,522 voices, and was last updated by  flmedalcollector 3 years, 1 month ago.

Viewing 4 posts - 1 through 4 (of 4 total)
  • Author
    Posts
  • #12912

    flmedalcollector
    Participant

    From the text of the new law, it appears that purchasing and/or selling federal medals is now a crime in Alabama. I am not an attorney, but words do mean things.

    18 (b) A person commits the crime of theft of valor if
    19 he or she does any of the following:
    20 (1) Knowingly wears, purchases, attempts to
    21 purchase, solicits for purchase, mails, ships, imports,
    22 exports, produces blank certificates of receipt for,
    23 manufactures, sells, attempts to sell, advertises for sale,
    24 trades, barters, or exchanges anything of value for any of the
    25 following and receives a material gain, unless the person is
    Page 2
    HB2
    1 authorized under applicable state or federal regulations or
    2 law:
    3 a. Any decoration or medal authorized by Congress
    4 for the Armed Forces of the United States.
    5 b. A service medal or badge awarded to a member of
    6 the Armed Forces of the United States.
    7 c. A ribbon, button, or rosette of any badge,
    8 decoration or medal, or any colorable imitation thereof.

    http://www.al.com/news/index.ssf/2015/0 … a_cri.html

    https://legiscan.com/AL/text/HB2/2015

    #17522

    jb floyd
    Moderator

    1. It’s good to know that everything is so under control in Alabama (my home state, by the way) that the legislature can finally get around to solving problems that don’t exist.

    2. This law duplicates the federal law in Title 18, Section 704, US Code. However, the text of Section 704 includes the term "except pursuant to regulation", which refers to the Code of Federal Regulations (CFR). The CFR, by all readings I can find, allows the sale of all federal awards, badges, etc, except for the Medal of Honor.

    So, I guess that Alabama state troopers will be staking out the Huntsville show, ready to pounce on any miscreant offering a National Defense Service Medal. Probably not much reason to stake out the "flea markets", as every one I’ve ever been to in the state was overrun with NASCAR memorabilia, tube socks and jelly glasses. Never found a medal.

    #17527

    britanis
    Participant

    Thank you for this tidbit, Jeff. Yet another poorly drafted law! Strict interpretation of:

    authorized under applicable state or federal regulations or
    2 law:
    3 a. Any decoration or medal authorized by Congress
    4 for the Armed Forces of the United States. — Federal authorized medals for civilians and foreign awards, at least, not included. Does not include State or Territory or D.C. awards to anybody.

    5 b. A service medal or badge awarded to a member of
    6 the Armed Forces of the United States. — Awards to civilians not included but U.S. Federal authorized AND foreign AND State, etc. awards given to members of the Armed Forces included

    7 c. A ribbon, button, or rosette of any badge,
    8 decoration or medal, or any colorable imitation thereof. — Seems to include all ribbons, buttons, or rosettes!

    :roll:

    Attachments:
    You must be logged in to view attached files.
    #17560

    flmedalcollector
    Participant

    Now that the law is in effect, has it had any impact on those who do business with the medal collecting community?
    Anyone refusing to sell in or to people in Alabama? A passing reference to the CFR may not be enough to get you out of trouble.

    I have been collecting long enough to remember the days when it was illegal to outright purchase Federal decorations, so you had to send a coin or a stamp with a purchase to make it a "trade" instead of a "purchase". Finally that changed and it did help out collectors. It seems now we are going backwards.

    Why not just make it illegal to wear a medal if you are doing so for financial gain? That seems to be the main issue for Stolen Valor. At least include an exception for collectors and/or reinactors?

Viewing 4 posts - 1 through 4 (of 4 total)

You must be logged in to reply to this topic.

Join OMSA

Join now to start taking advantage of the member benefits including the Journal of the Orders and Medals Society, Ribbon Bank, Library, Annual Conventions, Publication Program and much more!
Join Now!

Site Login