10 U.S.C. § 2789 — Individual equipment: unauthorized disposition
submitted 18 years ago by Pub. L. 110-181 to r/title-10-ARMED-FORCES · 230 words · no verdicts yet
Service members may not give or transfer United States-issued clothing, weapons, or equipment to unauthorized people. Improperly transferred property may be seized and must be delivered to an authorized custodian when the seizing officer cannot keep it.
(a) A service member may not sell, lend, pledge, barter, or give United States-issued clothing, arms, or equipment to anyone other than a service member or an authorized United States officer*.
(b) If a member violates (a) and an unauthorized person possesses the property, that person has no right or interest in it. Any United States civil or military officer may seize it wherever found, subject to regulations. An unauthorized person's possession is initial evidence that (a) was violated.
(c) An officer who seizes property under (b) and is not authorized to keep it for the United States must deliver it to someone authorized to keep it.
No member of the armed forces* may sell, lend, pledge, barter, or give any clothing, arms, or equipment furnished to such member by the United States to any person other than a member of the armed forces or an officer* of the United States who is authorized to receive it.
If a member of the armed forces has disposed of property in violation of subsection (a) and the property is in the possession of a person who is neither a member of the armed forces nor an officer of the United States who is authorized to receive it, that person has no right to or interest in the property, and any civil or military officer of the United States may seize the property, wherever found, subject to applicable regulations. Possession of such property furnished by the United States to a member of the armed forces by a person who is neither a member of the armed forces, nor an officer of the United States, is prima facie evidence that the property has been disposed of in violation of subsection (a).
If an officer who seizes property under subsection (b) is not authorized to retain it for the United States, the officer shall deliver the property to a person who is authorized to retain it.
Source credit: (Added Pub. L. 110–181, div. A, title III, § 375(a), Jan. 28, 2008, 122 Stat. 83.)
- 2008Enacted · Pub. L. 110-181 · 122 Stat. 83
A history note hasn’t been published yet. The record shows enactment by Pub. L. 110-181 on 2008-01-28.
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