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MasterOfNone wrote:

KFP wrote:Now I understand the question more clearly!

Sorry I omitted "active" in the OP.

The clause "except as authorized under regulations made pursuant to law" may provide for an exception if a federal law required a copy of the ID card. But I do not believe a state can authorize something prohibited by a federal law.

bronco78 wrote:And as far as the US Army JAG is concerned (as briefed to Military members over the last 24 years I'm tracking.. IANAL..) A State government agency is not entitled to copy the Military ID card.

This is the problem students are having. They are told by their command that they cannot copy the ID card, but the state wants it. In the absence of something official that provides an exception, the responsible soldier will abide by what his command dictates (and is in the federal law).

Have the soldier go see Soldier legal services (is this soldier is in a Fort Hood Unit?, if so, ask um to PM me)
Get legal services to make an opinion on the issue.... If they concur it is within the Federal statue, then the commander should have no issue with it.. Alls they are trying to do is cover them selves and their soldiers.

If JAG is of the opinion, the state is not authorized to have a copy,, we that is going to need to be taken up with DPS.

You are correct, officially, IAW with applicable regulations, a Military member can not provide a copy of their ID card .
TITLE 18 U.S.C. § 701: U.S. Code – Section 701: Official badges, identification cards, other insignia.

http://uscode.house.gov/download/pls/18C33.txt" onclick="window.open(this.href);return false;

“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"

And as far as the US Army JAG is concerned (as briefed to Military members over the last 24 years I'm tracking.. IANAL..) A State government agency is not entitled to copy the Military ID card.

Yup.... most all do it anyway.