Section 238. Converting military property; unlawful wearing of uniforms and devices indicating rank; unlawful use of name of military or naval organization, or unit thereof

1. Any person who shall secrete, sell,
  dispose  of,  offer  for  sale,  purchase,  retain  after  demand  by  a
  commissioned  officer of the organized militia, or in any manner pawn or
  pledge any arms,  uniforms,  equipments,  or  other  military  property,
  issued under the provisions of this chapter; or,
    2.  Any  person,  except  members  of  the  armed forces of the United
  States, members of the organized militia of this  or  any  other  state,
  personnel  of  the  independent  military  organizations  designated  in
  section two hundred forty  of  this  article,  members  of  associations
  wholly composed of persons honorably discharged from the armed forces of
  the United States and members of associations wholly composed of sons of
  veterans  of any war of the United States, who shall wear any uniform or
  any device, strap, knot or insignia of any design or character used as a
  designation of grade,  rank  or  office,  such  as  are  by  law  or  by
  regulation,  duly  promulgated,  prescribed for the use of the organized
  militia or similar thereto; or,
    3. Any person, society  or  corporation  who  shall,  with  intent  to
  acquire  or  obtain  for  personal  or  business  purposes  a benefit or
  advantage, assume, adopt or in any manner use the name  of  a  regiment,
  battalion, battery, squad, troop, division, company or other unit of any
  military  or  naval  organization  constituting  a part of the organized
  militia of the state of New York, or  of  any  society,  association  or
  other   organization,   or  a  part  thereof,  whether  incorporated  or
  unincorporated, that has been recognized by the  commanding  officer  of
  such  military  or naval organization as a society or association of its
  veterans or ex-members, or who shall assume or adopt a  name  so  nearly
  resembling  it as to be calculated to deceive the public with respect to
  any  such  military  or  naval  organization,  or  any   such   society,
  association or other organization, or a part thereof, of its veterans or
  ex-members,  without  first  having  obtained the written consent of the
  commanding officer of such military or naval organization; or,
    4. Any person who shall fraudulently wear any badge, insignia,  clasp,
  rosette  or  button issued by the government of the United States or the
  state of New York or any foreign government to which the  United  States
  was allied in any war,
    Is guilty of a misdemeanor.
    Whenever  there  shall  be an actual or threatened violation of any of
  the subdivisions of this section, an application may be made to a  court
  or  justice  having  jurisdiction to issue an injunction, upon notice to
  the defendant of not less than five days, for an  injunction  to  enjoin
  and  restrain  said  actual  or  threatened  violations; and if it shall
  appear to the satisfatcion of the court or justice that the defendant is
  in fact violating any  of  the  subdivisions  of  this  section,  or  is
  threatening  to  do  so,  an  injunction  may be issued by such court or
  justice enjoining and restraining such action  or  threatened  violation
  without  requiring  proof  that  any  person  has in fact been misled or
  deceived or otherwise injured thereby.