Copying Military ID

[MasterOfNone]

Military applicants are required to submit a copy of their military ID cards. But copying the ID is prohibited by 18 USC Sec. 701:

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.

The CHL instructor staff have told me that a letter from their commanders is sufficient in place of the ID card, but a recent student was told he had to provide the ID card copy. He spoke to someone at the CHL team who told him they have a directive that authorizes the copy.
Are any of you aware of an authority that permits the copying of military ID cards?

[C-dub]

Military applicants are required to submit a copy of their military ID cards. But copying the ID is prohibited by 18 USC Sec. 701:

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.

The CHL instructor staff have told me that a letter from their commanders is sufficient in place of the ID card, but a recent student was told he had to provide the ID card copy. He spoke to someone at the CHL team who told him they have a directive that authorizes the copy.
Are any of you aware of an authority that permits the copying of military ID cards?

Doesn't this part make it acceptable since it is being requested by a government agency?

[ELB]

I don't know of any directive, but the military itself has been copying its own ID cards for decades. For instance, if you want to pick up your spouse's prescriptions at the Brooke Army Medical Center pharmacy, they will tell you to either bring the spouse's ID card -- or a copy of the front and back. Policy of the commanding officer (and every other military pharmacy I have ever been to). Keep cop of my wife's in my wallet.

Me, I'd send in a copy and not worry about it. I am sure that's what I did if they asked me for one when I first got my CHL while on active duty (but I don't recall that it was necessary then). AFAIK, the feds have not issued any warrants on me for doing so.

[sjfcontrol]

So, If I understand, In order to get a CHL, you have to send in a copy of your ID. But if you copy your ID, then you are guilty of a crime, and therefore are not eligible for a CHL.

If that is correct, I suggest you read this book...
http://en.wikipedia.org/wiki/Catch_22

[KFP]

A copy of their DD-214 should suffice.

[TxRVer]

A copy of their DD-214 should suffice.

You only have a DD 214 if you've been released from the military.

[KFP]

A copy of their DD-214 should suffice.

You only have a DD 214 if you've been released from the military.

Now I understand the question more clearly!

[E.Marquez]

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.

[MasterOfNone]

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.

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).

[E.Marquez]

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.

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.

[RiverCity.45]

I bill for my services through health insurance companies. Tricare, the health insurance company for the armed forces, addresses this issue specifically in its training about providing services to its members. In a FAQ they distribute, they state it is legal to copy the member's ID card, and to do so for the client file. So I do.

[Tamie]

So, If I understand, In order to get a CHL, you have to send in a copy of your ID. But if you copy your ID, then you are guilty of a crime, and therefore are not eligible for a CHL.

Not at all. It's completely possible to get a CHL without sending a copy of your military ID. If you don't feel comfortable sending a copy, you don't have to. You can send a $140 check instead.

[Seabear]

I'm not quoting any law, just what I saw last week at Office Depot.

A lady in front of me wanted her ID copied and she was told that it was against the law unless they made it a different size. Seemed to make sense, they enlarged it and away she went. Anybody ever hear about that ?