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City Police Equipment and Public Safety Sales
Insignia Law

Proposed State Regulations:    http://www.legislature.state.oh.us

 

Repealed State Regulations:     http://www.legis.state.ga.us

 

Existing Federal Regulations:

TITLE 18, PART 1, CHAPTER 33, Sec. 701. - Official badges, identification cards, other insignia
Whoever manufactures, sells, or possesses any badge, identification card, or other insignia, of the design prescribed by the head of any department or agency of the United States for use by any officer or employee thereof, or any colorable imitation thereof, or photographs, prints, or in any other manner makes or executes any engraving, photograph, print, or impression in the likeness of any such badge, identification card, or other insignia, or any colorable imitation thereof, except as authorized under regulations made pursuant to law, shall be fined under this title or imprisoned not more than six months, or both


TITLE 18, PART 1, CHAPTER 33, Sec. 716. - Police badges
(a) Whoever -
(1) knowingly transfers, transports, or receives, in interstate or foreign commerce, a counterfeit police badge;
(2) knowingly transfers, in interstate or foreign commerce, a genuine police badge to an individual, knowing that such individual is not authorized to possess it under the law of the place in which the badge is the official badge of the police;
(3) knowingly receives a genuine police badge in a transfer prohibited by paragraph (2); or
(4) being a person not authorized to possess a genuine police badge under the law of the place in which the badge is the official badge of the police, knowingly transports that badge in interstate or foreign commerce, shall be fined under this title or imprisoned not more than 6 months, or both.
(b) It is a defense to a prosecution under this section that the 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; or
(4) for any other recreational purpose.
(c) As used in this section -
(1) the term ''genuine police badge'' means an official badge issued by public authority to identify an individual as a law enforcement officer having police powers; and
(2) the term ''counterfeit police badge'' means an item that so resembles a police badge that it would deceive an ordinary individual into believing it was a genuine police badge


TITLE 18, PART I, CHAPTER 33, Sec. 713. - Use of likenesses of the great seal of the United States, the seals of the President and Vice President, the seal of the United States Senate, the seal of the United States House of Representatives, and the seal of the United States Congress
(a) Whoever knowingly displays any printed or other likeness of the great seal of the United States, or of the seals of the President or the Vice President of the United States, or the seal of the United States Senate, or the seal of the United States House of Representatives, or the seal of the United States Congress, or any facsimile thereof, in, or in connection with, any advertisement, poster, circular, book, pamphlet, or other publication, public meeting, play, motion picture, telecast, or other production, or on any building, monument, or stationery, for the purpose of conveying, or in a manner reasonably calculated to convey, a false impression of sponsorship or approval by the Government of the United States or by any department, agency, or instrumentality thereof, shall be fined under this title or imprisoned not more than six months, or both.
(b) Whoever, except as authorized under regulations promulgated by the President and published in the Federal Register, knowingly manufactures, reproduces, sells, or purchases for resale, either separately or appended to any article manufactured or sold, any likeness of the seals of the President or Vice President, or any substantial part thereof, except for manufacture or sale of the article for the official use of the Government of the United States, shall be fined under this title or imprisoned not more than six months, or both.
(c) Whoever, except as directed by the United States Senate, or the Secretary of the Senate on its behalf, knowingly uses, manufactures, reproduces, sells or purchases for resale, either separately or appended to any article manufactured or sold, any likeness of the seal of the United States Senate, or any substantial part thereof, except for manufacture or sale of the article for the official use of the Government of the United States, shall be fined under this title or imprisoned not more than six months, or both.
(d) Whoever, except as directed by the United States House of Representatives, or the Clerk of the House of Representatives on its behalf, knowingly uses, manufactures, reproduces, sells or purchases for resale, either separately or appended to any article manufactured or sold, any likeness of the seal of the United States House of Representatives, or any substantial part thereof, except for manufacture or sale of the article for the official use of the Government of the United States, shall be fined under this title or imprisoned not more than six months, or both.
(e) Whoever, except as directed by the United States Congress, or the Secretary of the Senate and the Clerk of the House of Representatives, acting jointly on its behalf, knowingly uses, manufactures, reproduces, sells or purchases for resale, either separately or appended to any article manufactured or sold, any likeness of the seal of the United States Congress, or any substantial part thereof, except for manufacture or sale of the article for the official use of the Government of the United States, shall be fined under this title or imprisoned not more than six months, or both.
(f) A violation of the provisions of this section may be enjoined at the suit of the Attorney General,
(1) in the case of the great seal of the United States and the seals of the President and Vice President, upon complaint by any authorized representative of any department or agency of the United States;
(2) in the case of the seal of the United States Senate, upon complaint by the Secretary of the Senate;
(3) in the case of the seal of the United States House of Representatives, upon complaint by the Clerk of the House of Representatives; and
(4) in the case of the seal of the United States Congress, upon complaint by the Secretary of the Senate and the Clerk of the House of Representatives, acting jointly


TITLE 18, PART I, CHAPTER 33, Sec. 709. - False advertising or misuse of names to indicate Federal agency
Whoever, except as permitted by the laws of the United States, uses the words ''national'', ''Federal'', ''United States'', ''reserve'', or ''Deposit Insurance'' as part of the business or firm name of a person, corporation, partnership, business trust, association or other business entity engaged in the banking, loan, building and loan, brokerage, factorage, insurance, indemnity, savings or trust business; or
Whoever falsely advertises or represents, or publishes or displays any sign, symbol or advertisement reasonably calculated to convey the impression that a nonmember bank, banking association, firm or partnership is a member of the Federal reserve system; or
Whoever, except as expressly authorized by Federal law, uses the words ''Federal Deposit'', ''Federal Deposit Insurance'', or ''Federal Deposit Insurance Corporation'' or a combination of any three of these words, as the name or a part thereof under which he or it does business, or advertises or otherwise represents falsely by any device whatsoever that his or its deposit liabilities, obligations, certificates, or shares are insured or guaranteed by the Federal Deposit Insurance Corporation, or by the United States or by any instrumentality thereof, or whoever advertises that his or its deposits, shares, or accounts are federally insured, or falsely advertises or otherwise represents by any device whatsoever the extent to which or the manner in which the deposit liabilities of an insured bank or banks are insured by the Federal Deposit Insurance Corporation; or
Whoever, other than a bona fide organization or association of Federal or State credit unions or except as permitted by the laws of the United States, uses as a firm or business name or transacts business using the words ''National Credit Union'', ''National Credit Union Administration'', ''National Credit Union Board'', ''National Credit Union Share Insurance Fund'', ''Share Insurance'', or ''Central Liquidity Facility'', or the letters ''NCUA'', ''NCUSIF'', or ''CLF'', or any other combination or variation of those words or letters alone or with other words or letters, or any device or symbol or other means, reasonably calculated to convey the false impression that such name or business has some connection with, or authorization from, the National Credit Union Administration, the Government of the United States, or any agency thereof, which does not in fact exist, or falsely advertises or otherwise represents by any device whatsoever that his or its business, product, or service has been in any way endorsed, authorized, or approved by the National Credit Union Administration, the Government of the United States, or any agency thereof, or falsely advertises or otherwise represents by any device whatsoever that his or its deposit liabilities, obligations, certificates, shares, or accounts are insured under the Federal Credit Union Act or by the United States or any instrumentality thereof, or being an insured credit union as defined in that Act falsely advertises or otherwise represents by any device whatsoever the extent to which or the manner in which share holdings in such credit union are insured under such Act; or
Whoever, not being organized under chapter 7 of Title 12, advertises or represents that it makes Federal Farm loans or advertises or offers for sale as Federal Farm loan bonds any bond not issued under chapter 7 of Title 12, or uses the word ''Federal'' or the words ''United States'' or any other words implying Government ownership, obligation or supervision in advertising or offering for sale any bond, note, mortgage or other security not issued by the Government of the United States under the provisions of said chapter 7 or some other Act of Congress; or
Whoever uses the words ''Federal Home Loan Bank'' or any combination or variation of these words alone or with other words as a business name or part of a business name, or falsely publishes, advertises or represents by any device or symbol or other means reasonably calculated to convey the impression that he or it is a Federal Home Loan Bank or member of or subscriber for the stock of a Federal Home Loan Bank; or
Whoever uses the words ''Federal intermediate credit bank'' as part of the business or firm name for any person, corporation, partnership, business trust, association or other business entity not organized as an intermediate credit bank under the laws of the United States; or
Whoever uses as a firm or business name the words ''Department of Housing and Urban Development'', ''Housing and Home Finance Agency'', ''Federal Housing Administration'', ''Government National Mortgage Association'', ''United States Housing Authority'', or ''Public Housing Administration'' or the letters ''HUD'', ''FHA'', ''PHA'', or ''USHA'', or any combination or variation of those words or the letters ''HUD'', ''FHA'', ''PHA'', or ''USHA'' alone or with other words or letters reasonably calculated to convey the false impression that such name or business has some connection with, or authorization from, the Department of Housing and Urban Development, the Housing and Home Finance Agency, the Federal Housing Administration, the Government National Mortgage Association, the United States Housing Authority, the Public Housing Administration, the Government of the United States, or any agency thereof, which does not in fact exist, or falsely claims that any repair, improvement, or alteration of any existing structure is required or recommended by the Department of Housing and Urban Development, the Housing and Home Finance Agency, the Federal Housing Administration, the Government National Mortgage Association, the United States Housing Authority, the Public Housing Administration, the Government of the United States, or any agency thereof, for the purpose of inducing any person to enter into a contract for the making of such repairs, alterations, or improvements, or falsely advertises or falsely represents by any device whatsoever that any housing unit, project, business, or product has been in any way endorsed, authorized, inspected, appraised, or approved by the Department of Housing and Urban Development, the Housing and Home Finance Agency, the Federal Housing Administration, the Government National Mortgage Association, the United States Housing Authority, the Public Housing Administration, the Government of the United States, or any agency thereof; or
Whoever, except with the written permission of the Director of the Federal Bureau of Investigation, knowingly uses the words ''Federal Bureau of Investigation'' or the initials ''F.B.I.'', or any colorable imitation of such words or initials, in connection with any advertisement, circular, book, pamphlet or other publication, play, motion picture, broadcast, telecast, or other production, in a manner reasonably calculated to convey the impression that such advertisement, circular, book, pamphlet or other publication, play, motion picture, broadcast, telecast, or other production, is approved, endorsed, or authorized by the Federal Bureau of Investigation; or
Whoever, except with written permission of the Director of the United States Secret Service, knowingly uses the words ''Secret Service'', ''Secret Service Uniformed Division'', the initials ''U.S.S.S.'', ''U.D.'', or any colorable imitation of such words or initials, in connection with, or as a part of any advertisement, circular, book, pamphlet or other publication, play, motion picture, broadcast, telecast, other production, product, or item, in a manner reasonably calculated to convey the impression that such advertisement, circular, book, pamphlet or other publication, product, or item, is approved, endorsed, or authorized by or associated in any manner with, the United States Secret Service, or the United States Secret Service Uniformed Division; or
Whoever, except with the written permission of the Director of the United States Mint, knowingly uses the words ''United States Mint'' or ''U.S. Mint'' or any colorable imitation of such words, in connection with any advertisement, circular, book, pamphlet, or other publication, play, motion picture, broadcast, telecast, or other production, in a manner reasonably calculated to convey the impression that such advertisement, circular, book, pamphlet, or other publication, play, motion picture, broadcast, telecast, or other production, is approved, endorsed, or authorized by or associated in any manner with, the United States Mint; or
Whoever uses the words ''Overseas Private Investment'', ''Overseas Private Investment Corporation'', or ''OPIC'', as part of the business or firm name of a person, corporation, partnership, business trust, association, or business entity; or
Whoever, except with the written permission of the Administrator of the Drug Enforcement Administration, knowingly uses the words ''Drug Enforcement Administration'' or the initials ''DEA'' or any colorable imitation of such words or initials, in connection with any advertisement, circular, book, pamphlet, software or other publication, play, motion picture, broadcast, telecast, or other production, in a manner reasonably calculated to convey the impression that such advertisement, circular, book, pamphlet, software or other publication, play, motion picture, broadcast, telecast, or other production is approved, endorsed, or authorized by the Drug Enforcement Administration; or
Whoever, except with the written permission of the Director of the United States Marshals Service, knowingly uses the words ''United States Marshals Service'', ''U.S. Marshals Service'', ''United States Marshal'', ''U.S. Marshal'', ''U.S.M.S.'', or any colorable imitation of any such words, or the likeness of a United States Marshals Service badge, logo, or insignia on any item of apparel, in connection with any advertisement, circular, book, pamphlet, software, or other publication, or any play, motion picture, broadcast, telecast, or other production, in a manner that is reasonably calculated to convey the impression that the wearer of the item of apparel is acting pursuant to the legal authority of the United States Marshals Service, or to convey the impression that such advertisement, circular, book, pamphlet, software, or other publication, or such play, motion picture, broadcast, telecast, or other production, is approved, endorsed, or authorized by the United States Marshals Service; Shall be punished as follows: a corporation, partnership, business trust, association, or other business entity, by a fine under this title; an officer or member thereof participating or knowingly acquiescing in such violation or any individual violating this section, by a fine under this title or imprisonment for not more than one year, or both.
This section shall not make unlawful the use of any name or title which was lawful on the date of enactment of this title.
This section shall not make unlawful the use of the word ''national'' as part of the name of any business or firm engaged in the insurance or indemnity business, whether such firm was engaged in the insurance or indemnity business prior or subsequent to the date of enactment of this paragraph.
A violation of this section may be enjoined at the suit of the United States Attorney, upon complaint by any duly authorized representative of any department or agency of the United States


TITLE 18, PART I, CHAPTER 33, Sec. 712. - Misuse of names, words, emblems, or insignia
Whoever, in the course of collecting or aiding in the collection of private debts or obligations, or being engaged in furnishing private police, investigation, or other private detective services, uses or employs in any communication, correspondence, notice, advertisement, or circular the words ''national'', ''Federal'', or ''United States'', the initials ''U.S.'', or any emblem, insignia, or name, for the purpose of conveying and in a manner reasonably calculated to convey the false impression that such communication is from a department, agency, bureau, or instrumentality of the United States or in any manner represents the United States, shall be fined under this title or imprisoned not more than one year, or both


TITLE 18, PART I, CHAPTER 33, Sec. 715. - ''The Golden Eagle Insignia''
As used in this section, ''The Golden Eagle Insignia'' means the words ''The Golden Eagle'' and the representation of an American Golden Eagle (colored gold) and a family group (colored midnight blue) enclosed within a circle (colored white with a midnight blue border) framed by a rounded triangle (colored gold with a midnight blue border) which was originated by the Department of the Interior as the official symbol for Federal recreation fee areas.
Whoever, except as authorized under rules and regulations issued by the Secretary of the Interior, knowingly manufactures, reproduces, or uses ''The Golden Eagle Insignia'', or any facsimile thereof, in such a manner as is likely to cause confusion, or to cause mistake, or to deceive, shall be fined under this title or imprisoned not more than six months, or both.   The use of any such emblem, sign, insignia, or words which was lawful on the date of enactment of this Act shall not be a violation of this section.   A violation of this section may be enjoined at the suit of the Attorney General, upon complaint by the Secretary of the Interior


TITLE 18, PART I, CHAPTER 25, Sec. 506. - Seals of departments or agencies
(a) Whoever— (1) falsely makes, forges, counterfeits, mutilates, or alters the seal of any department or agency of the United States, or any facsimile thereof; (2) knowingly uses, affixes, or impresses any such fraudulently made, forged, counterfeited, mutilated, or altered seal or facsimile thereof to or upon any certificate, instrument, commission, document, or paper of any description; or (3) with fraudulent intent, possesses, sells, offers for sale, furnishes, offers to furnish, gives away, offers to give away, transports, offers to transport, imports, or offers to import any such seal or facsimile thereof, knowing the same to have been so falsely made, forged, counterfeited, mutilated, or altered, shall be fined under this title, or imprisoned not more than 5 years, or both. (b) Notwithstanding subsection (a) or any other provision of law, if a forged, counterfeited, mutilated, or altered seal of a department or agency of the United States, or any facsimile thereof, is— (1) so forged, counterfeited, mutilated, or altered; (2) used, affixed, or impressed to or upon any certificate, instrument, commission, document, or paper of any description; or (3) with fraudulent intent, possessed, sold, offered for sale, furnished, offered to furnish, given away, offered to give away, transported, offered to transport, imported, or offered to import, with the intent or effect of facilitating an alien’s application for, or receipt of, a Federal benefit to which the alien is not entitled, the penalties which may be imposed for each offense under subsection (a) shall be two times the maximum fine, and 3 times the maximum term of imprisonment, or both, that would otherwise be imposed for an offense under subsection (a). (c) For purposes of this section— (1) the term “Federal benefit” means— (A) the issuance of any grant, contract, loan, professional license, or commercial license provided by any agency of the United States or by appropriated funds of the United States; and (B) any retirement, welfare, Social Security, health (including treatment of an emergency medical condition in accordance with section 1903(v) of the Social Security Act (19 [1] U.S.C. 1396b(v))), disability, veterans, public housing, education, food stamps, or unemployment benefit, or any similar benefit for which payments or assistance are provided by an agency of the United States or by appropriated funds of the United States; and (2) each instance of forgery, counterfeiting, mutilation, or alteration shall constitute a separate offense under this section.


May 11, 2005 - Immigration and Customs Enforcement.
ICE ADVISORY TO THE PUBLIC ON COUNTERFEIT LAW ENFORCEMENT BADGES

        Earlier this week, U.S. Immigration and Customs Enforcement (ICE) agents in New York seized more than 1,300 high-quality counterfeit police badges that closely resembled the badges of many different federal, state, and local law enforcement agencies around the nation, including those of the Federal Bureau of Investigation, the U.S. Secret Service, the Drug Enforcement Administration, and the New York Police Department. This seizure has serious Homeland Security and public safety implications, given that these counterfeit badges may have been intended for use by criminals and others with no legal authority to carry law enforcement badges. ICE agents have launched a full investigation to determine the intended recipients of these badges and to track down any counterfeit badges that may have fallen into the wrong hands. As this investigation continues, ICE and the Department of Homeland Security remind the public that a police badge alone does not necessarily reflect law enforcement status. Legitimate police and law enforcement officers should present credentials with photo identification as well as a badge when conducting their duties. We encourage the public to report to ICE and the Department of Homeland Security any information about individuals displaying, using, or distributing counterfeit law enforcement badges. ICE’s toll-free hotline is 1-866-DHS-2ICE. The lines are staffed 24 hours a day, seven days a week.


July 22, 2003 - DEPARTMENT OF HOMELAND SECURITY.
Potential Terrorist Use of Official Identification, Uniforms, or Vehicles.

        OVERVIEW: Department of Homeland Security (DHS) Information Bulletins are informational in nature and are designed to provide updates on the training, tactics, or strategies of terrorists. The following information is meant to advise the owners and operators of the nation’s infrastructures about the possible use by terrorists of official identification, uniforms, or vehicles to gain access to sensitive facilities for purposes of planning or carrying out attacks. (In this Information Bulletin, “official” refers to recognized implements of federal, state, and local governments and private sector entities.) While DHS possesses no information indicating an organized effort by extremist elements in the United States to illegally obtain official identification, uniforms, or vehicles in furtherance of terrorist activities, it has identified the recent theft or disappearance of large numbers of these items. Attempts to acquire official identification, uniforms, or vehicles would be consistent with the tactics and techniques of Al-Qaeda and other extremist groups, according to a variety of reporting sources.
        DETAILS: Al-Qaeda and other terrorist groups likely view the theft or other illegal acquisition of official identification, uniforms, or vehicles as an effective way to increase access and decrease scrutiny in furtherance of planning and operations. Although we possess no information that Al-Qaeda or other terrorist groups are systematically pursuing the illegal acquisition of the above referenced items, there is indeed precedence for the use of official identification, uniforms, or vehicles in the execution of terrorist attacks. Terrorist groups have utilized police or military uniforms to mask their identities and achieve closer access to their targets without arousing suspicion. This was illustrated in the December 2002, suicide bombings that targeted the Chechen Government Headquarters in Groznyy, Russia. Terrorists in South America, the Philippines and Pakistan have commandeered or stolen emergency medical services vehicles and uniforms (or cleverly designed imitations) to facilitate the execution of their attacks on key facilities. In an effort to understand the extent of official identification, uniform, and vehicle thefts, DHS recently conducted a survey of selected members of the law enforcement community in five states. This survey revealed that from February to May 2003 hundreds of official identification cards, badges, decals, uniforms, and government license plates were reported stolen or lost. Additionally, a number of private companies have reported receiving suspicious inquiries about renting official delivery vehicles and emergency services representatives have received unusual requests for detailed vehicle descriptions. There is no historical baseline to compare recent theft or suspicious inquiry data, and the intent or resolution of many of the thefts cannot be determined. The worldwide proliferation of individuals or “companies” that traffic in high-quality imitations of official identification, uniforms, or vehicles is a related issue that increases the possibility such items could be used to facilitate future terrorist attacks and further complicates efforts to prevent their acquisition. For example, earlier this month the New York City High Intensity Drug Trafficking Area (HIDTA) Task Force reported that it had identified a Japanese website selling near exact replicas of badges from law enforcement agencies such as the U.S. Secret Service, Federal Bureau of Investigation, Drug Enforcement Agency, U.S. Marshals Service, and Los Angeles Police Department. Several press reports this year have referred to the theft and sale over the Internet of a large number of United Parcel Service (UPS) uniforms. Although these reports proved to be false, they did bring to the public’s attention the potential security concerns of missing or stolen identification, uniforms, or vehicles. DHS reminds all recipients to remain vigilant to the disappearance of, or unauthorized inquiries regarding, official identification cards, badges, decals, uniforms, government license plates, and vehicles and establish practices that account for missing items. DHS encourages recipients to report suspicious incidents to the proper authorities and to remain vigilant for any nexus to terrorism.
        PROTECTIVE MEASURES: Recognizing that possession of some combination of official identification cards, badges, decals, uniforms, government license plates, and vehicles tends to reduce suspicion and might allow an individual or vehicle greater access to sensitive facilities, the following protective measures are suggested: · Keep comprehensive records of all official identification cards, badges, decals, uniforms, and license plates distributed, documenting any anomalies and canceling access to items that are lost or stolen. · Practice accountability of all vehicles to include tracking vehicles that are in service, in repair status, or sent to salvage.  1 · Safeguard uniforms, patches, badges, ID cards, and other forms of official identification to protect against unauthorized access to facilities, to include stripping all decommissioned vehicles slated for resale and/or salvage of all agency identifying markings and emergency warning devices.  2 · Check multiple forms of valid identification for each facility visitor. · Verify the legitimate business needs of all approaching vehicles and personnel. · Improve identification card technology to eliminate reuse or unauthorized duplication.

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