A proposed law banning the sale of Purple Hearts - HR 6234

[Dave]

All:

 

This law was proposed on 28 September and just today news organizations have been picking up on it.

 

The text of the law is not currently available, but the upshot is that it will make it illegal to sell Purple Heart medals in the United States. Obviously, this is near and dear to our hearts as collectors, but goes far beyond that - will families who wish to part with their loved one's awards because they are no longer appreciated now be considered criminals and prosecuted? I believe we can all agree our law enforcement entities have far more important things to do than punish people trying to sell some of the millions of Purple Hearts in existence.

 

I am aware this thread will probably stir some strong emotions, and it will be heavily moderated to ensure it doesn't get into a political brawl. We are looking for helpful ideas of how to counter this proposed law, as it could have possible dire consequences for our hobby.

 

Here's a summary of the law and thought behind it from the Military Order of the Purple Heart's website:

 

The Military Order of the Purple Heart is proud to salute U.S. Representative Paul Cook, (R-CA-8), for his introduction of HR 6234, the “Private Corrado Piccoli Purple Heart Preservation Act,” and encourages other members of the House of Representatives to support and join as co-sponsors of this Bill. Representative Cook, himself a two-time Purple Heart recipient, serves on the Natural Resources, Armed Services, and Foreign Affairs Committees. He formerly served as an Infantry officer in the U.S. Marine Corps and retired after 26 years as a Colonel.

 

If enacted into law, this Bill would prohibit the sale of any Purple Heart Medal, America’s oldest military decoration, established originally by General George Washington as the Badge of Merit during the Revolutionary War. The Purple Heart Medal is presented only to those who have been wounded or killed in action on the battlefield, or by an act of international terrorism. It may be presented to the next of kin in honor of the service member who is killed in action against an enemy of the United States.

 

HR 6234 is named for Private Corrado Piccoli, a WWII Infantryman killed in action in 1944. A Purple Heart Medal accompanied the telegram informing Private Piccoli’s family of his death and sadly, years later and after his parents’ passing, the medal was lost. Private Piccoli’s Purple Heart Medal was discovered in an antique store, and was given to Major Zachariah Fike, founder of “Purple Hearts Reunited,” a non-profit service organization dedicated to locating and rescuing these medals from pawn shops, junk stores, estate sales, and the internet. MAJ Fike returned Piccoli’s Purple Heart Medal to his family. Since that first “return” Fike has now returned more than 300 recovered Purple Heart Medals to their rightful owners or their families.

 

Unfortunately, the profiteering actions of military collectors make this task difficult as medals find their way onto the market and away from their rightful places of honor. Medals engraved with the names of those killed in action command the highest prices. MOPH believes that these medals rightfully belong with those families, as the Purple Heart is often the last tangible item a family receives in memory of their deceased loved one.

 

Passage of HR 6234 would prevent merchants from profiteering from the sale of military-issued Purple Hearts, eliminating the market and making it easier to return them to their rightful owners; it would not prevent the sale of replacement medals through authorized sellers. Speaking on behalf of the Military Order of the Purple Heart, National Commander Hershel Gober stated, "Purple Hearts that are lost or stolen belong with veterans and their survivors, period; not floating around on the collectors' market. We applaud Congressman Cook and thank him for his leadership on this important issue."

 

Thanks for reading and your thoughtful responses.

 

Dave

[firefighter]

According to this article it is only for NAMED medals.The MOPH does not seem to like collectors and only thinks we, they, are only out for a profit.

 

http://www.businesswire.com/news/home/20161001005011/en/Military-Order-Purple-Heart-Salutes-Introduction-HR

Contacts

The Military Order of the Purple Heart
John Bircher, 352-753-5535
National Public Relations Director
[email protected]
MOPH on the Web
MOPH Facebook
MOPH Twitter
MOPH Instagram
MOPH on YouTube

[scottplen]

Great here we go again !!! What do we do to fight this ?

[aerialbridge]

Write your congressman and senator. And say a prayer, if you pray. But if this Bill gets to congress for a vote (and what will stop it?), the future does not look good for named Purple Heart sellers and collectors, since there is no organized lobby or group to counter the organized lobby on the other side. The MSM seems to have already chosen sides and it's not with the "profiteering actions of military collectors" to quote those who would criminalize collectors. Will it still be legal to pick them out of the trash as more than a few have ended up? Sad that this political action is considered a legislative priority. I'm also sad it comes from a California politician.

[firefighter]

Don't we have a thread on this Major Zachariah Fike? They already made the MoH illegal to even own.The only good thing is that it say's the sale of named PH's, nothing about owning or trading that I could find.

[aerialbridge]

 

According to this article it is only for NAMED medals.The MOPH does not seem to like collectors and only thinks we, they, are only out for a profit.

 

http://www.businesswire.com/news/home/20161001005011/en/Military-Order-Purple-Heart-Salutes-Introduction-HR

Contacts

The Military Order of the Purple Heart

John Bircher, 352-753-5535

National Public Relations Director

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MOPH on the Web

MOPH Facebook

MOPH Twitter

MOPH Instagram

MOPH on YouTube

 

 

John Bircher is their National Public Relations Director. Interesting name.

[MBS]

I agree, it is important to write your legislators and letting them know where you stand on the proposed bill. However, I am afraid that without a strong collector lobby things look grim. We as collectors are already viewed as greedy, money hungry, profit making scum and until this view is changed we are going to see these types of laws proposed and coming down the pike in the future. So the most important thing to do is to change this view. It would be nice to have a collector advocate for our cause. Support for the collector cause should be tied to a group like OSMA, ASMIC, and CMH, although, I don’t know if their membership numbers are enough to make a difference. The gun lobby is strong because of their membership.

 

Be prepared for more types of these injustices in this country!

 

Brent

[Bob Hudson]

OSMA, ASMIC, and CMH, although,

 

Forum members who belong to any of those groups needs to spread this like wildfire.

 

Here's what I've posted on Facebook - feel free to post it anyway and everywhere (and check it for typos):

 

Why do we want to criminalize caring about history and trying to preserve it?

 

Congress long ago banned sale and even most possession of the US MEDAL OF HONOR. Since then there has no doubt been an underground black market, but even more maddening many, many copies of the nation's highest military honor have gone to Canada, Europe and other overseas locations, where they can be openly sold, traded and possessed. Here in the US, meanwhile, the FBI has seized and destroyed Medals of Honor.

Now, a perhaps well-intended but misinformed California Congressmen wants to do the same thing with the Purple Heart Medal, awarded to combat wounded. Rep. Paul Cook (R-CA 8th) has introduced HR 6234 that would prohibit the sale of any government issued Purple Heart medals. A disgruntled National Guard officer mad that collectors would not give their Purple Hearts to he and his organization has spearheaded this campaign that now threatens to become the law of the land. Again, there are some good intentions here, but as we've seen with the Medal of Honor, it will in effect outsource another medal to other countries and, no doubt, create another black market. Some say "return them to the families." Well, Purple Hearts that are traded amongst collectors usually were all disposed of in one way or another by the veteran's families, or even came from estate vets with no heirs. While families continue to dispose of medals, collectors put the medals they find literally on a pedestal to honor the veteran, their service, their sacrifice. Anyone can search online and find collectors upholding the legacy of brave veterans.

Collectors do voluntarily return Purple Hearts to families. I know one collector who paid a lot of money for a WWII Marine's Purple Heart and then spent hundreds of dollars to travel to the Marine's hometown to give it to his brother. The reunion was shown on the local TV news. Within six months the family told the collector they no longer had it. It's suspected they sold it - again.

[Pete-o MSU]

Well looks like Major Fike has won the PR battle. I don't see how this won't pass the house introduced by a R with a R majority. This law sounds good on paper and I don't see how a politician in an election year would oppose it.

 

My state senators are Democrats I will write both of them. Maybe we should draft a letter and then we can can send it to all our representatives. And call their offices.

 

My initial gut reaction is that this will pass just like stolen valor and then we are going to have to have a judicial challenge to fix bad legislation.

 

Pete

[Bob Hudson]

The question we need to put forth is very basic:

 

Why do we want to criminalize caring about history and trying to preserve it?

[Pete-o MSU]

Or criminalize a veterans family for selling their private property

[KASTAUFFER]

It seems to me that the issue of private property rights may need to be front and center on a challenge to this. Perhaps the ACLU would challenge it, but I doubt it,

 

Kurt

[aerialbridge]

I think Bob has written a very good letter. There is definitely strength in numbers as far as communicating to politicians. Perhaps a letter from the US Militaria Forum with the signatures being the names of all those members who are willing to come forward and put their names to it. And note next to their names, those many members of this forum who themselves have worn the uniform and are now collectors preserving and honoring history. Then send that letter to every single member of Congress. Perhaps a press release also. For those that have stories of families that have discarded PHs or medals that have been saved from the trash, etc, to be honored and the history preserved, I would also compile those to include in a letter to members of congress and a few for a press release. Up til now, it seems like it's been complete silence from the collecting community to this onslaught and only one side of the story has been told. I'm not a PH collector per se, but there are certainly enough of you here that have large collections that I would suggest coming forward with those stories, even if you write letters of your own to your federal representatives. And if the Forum managers decide to take a public position on this, you would certainly have an urgent interest in helping to defray the costs.

 

I think the ACLU is also a potential ally as someone said. It is a right (property or otherwise) that is being taken away here by potential government action. And the preservation of Purple Hearts- by criminalizing the selling of them--- is not going to preserve or honor them. That reality might come as a great surprise to Mr. Feike perhaps, but many families don't want them and will want them less when they have no value, other than on the black market.

[firefighter]

How many times have we heard of a medal, uniform, or grouping that was found in the trash? We collectors are preserving that piece of history that the 'family' discarded. Yes there is a small percentage of items that are stolen.But my feeling is, if a police report was not filed then they either sold it or threw it out.We have seen numerous times how we post a medal or group with the veterans name and all of a sudden a long lost relative was looking for that item. I'm sure most are legit but how did it ended up in a collectors hand, they legally bought the item(s).

 

Whats scary is, what medal are they going to go after next? The Silver or Bronze Stars, DSC, DFC, SM, Airmans(another non-PC decoration that will be changed) Medal, CG & N-MC Medals?????

[scottplen]

Why is it that the beliefs of a few affect so many ???

[Garandomatic]

The unnamed heart along with documentation and family photos a buddy of mine found for on his vacation was recovered by the picker from the trash can at the estate sale. Turns out he was wounded about two weeks after the man who was the focus of my M5A1 Stuart model was wounded. Well done, government.

[MBS]

Why is it that the beliefs of a few affect so many ???

 

Because they squawk the loudest; hence we need a strong voice to fight back.

[Pete-o MSU]

Well the bill has no cosponsors yet and is assigned to the house judiciary committee. Maybe we should contact all members of the judiciary committee?

 

Pete

[Garandomatic]

That would be the most effective place to kill the bill at this point.

[oldradiostuff]

All,

 

I am a rank newcomer to the forums. However, I did deal with legal and regulatory compliance for my entire career, including trying to either stop or "fix" proposed laws and regulations which were clearly written by people who had no experience in the field they were addressing.

 

In my opinion, now that this proposal has been introduced, trying to just kill it is going to play right into the image of the greedy, uncaring collector.

 

I suggest, instead, contacting either the sponsor and co-sponsors (if there are any) and asking if the bill can be amended in such a way that it addresses the issue at its core - loss or theft of a Purple Heart - while, at the same time, recognizing the important part played by amateur historians who collect and curate these important artifacts to preserve and honor their significance and the sacrifice of those whom they honor.

 

I'm working off the top of my head here, so bear with me and be gentle -

 

Perhaps the bill could require that the VA develop and host a registry of lost or missing Purple Hearts. Only immediate family or direct descendants of the recipient could apply to the VA (with proof of standing) to have a medal listed in the registry of missing Hearts. This could be available in an online database where a collector could check on a medal before buying it. If a named medal isn't on the registry, then no one is looking for it and you're good to go on the acquisition. If the medal is on there, I think most of us would want to get a Purple Heart back to a family that was really looking for it. There would be no financial incentive to the family (as there sometimes is now) to try to get a medal back just to flip it for a profit, as once a medal is on the list, the family wouldn't be able to re-sell it.

 

I'm afraid that with the introduction of this bill, it is likely that something will be passed and signed. I doubt that many congresscritters will want to come out in opposition to it, but it may be possible to make them all feel like they accomplished what needed to be done while protecting our collecting interests.

 

Dave

[Bob Hudson]

Again - write your congressman and say simply "Why make history preservation a crime?"

 

I worked for the US Senate and Congress and they (used to at least) try to do a written response to all consituent mail, so you make them think about it at least.

[Thor996]

I am not a named heart collector or owner, but as a lover of militaria and in the interest of the hobby of collecting militaria I will send to my congress people. just another example of over reach

[CHASEUSA11B]

Hello all, ive actually been invited to attend an event with Paul cook to recognize veterans and law enforcement from the 8th district.

I doubt I'll get any conversation time but if I do I'll do my best to explain our position on this.

I'll bring pics of the displays I do for schools, churches and Boy Scouts to show were not greedy collectors and appreciate the history.

I'll at least try to hand him Mr. Hudson's letter.

[Longbranch]

"Why make history preservation a crime?"

Excellent question, and in this particular situation it brings up a great point. Many of the named KIA Purple Hearts from past conflicts wouldn't still be around today if it weren't for militaria collectors and the military collectibles market. In essence, the medals this proposed law is seeking to "preserve" have ALREADY BEEN PRESERVED, for the past 50+ years, by collectors who found them at estate sales, flea markets, antique stores, etc.

This proposed law is a terrific example of "Feel Good" legislation trying to solve a problem that in most circumstances doesn't necessarily exist. Yes, it is a sad truth that some medals get stolen from families. In every single case, these families should report this stolen property to their local police. This would give the family a way to retrieve the medals via legal means if they were legitimately reported as stolen with a police report to prove it. By all means, it would be great to see the formation of an organization that could create a database of stolen Purple Hearts, allowing families who have a previously filed police report to get these named Purple Heart medals posted onto the database. Such a database would allow collectors to cross-reference medals offered for sale and ensure they aren't purchasing a stolen family heirloom. This database would also offer the following benefits:

1. It would allow collectors to help find stolen medals if they enter the collectibles market.
2. It would negatively impact the ability to sell stolen medals, making them less likely to be the target of theft.

However, the VAST majority of Purple Heart Medals currently on the collectibles market and in collector hands were likely sold off by the FAMILY at some point. Once the family sells the medals in a legitimate sale, the "rightful owner" (as defined by current law) is now the collector. If the families don't want the medals, where should they go? Where would they go if they had no monetary value? These are also interesting points of concern, and are often neglected by those promoting an outright ban on the sale of military medals. At the present time, these medals typically enter the antique/collectibles market, are donated to museums (and often never seen again by the general public), or even simply thrown into the trash. However, this law intends to eliminate the group that has BY FAR contributed the most to the preservation of the Purple Heart Medal... antique/militaria dealers and collectors.

There are many different unique cases in which a family chooses to part with the medals earned by a relative, and this piece of legislation could have a negative financial impact on families who wish to find these medals a different appreciative home. For instance, family members may have never met or personally known the veteran named on a WW2 KIA Purple Heart, and consequently may not have a strong emotional attachment to that family member's items. Such families should have the FREEDOM to choose what they want to do with medals earned by family members, and NOT have their options limited by a forceful government mandate.

Finally, militaria collectors in general have a passion for history and greatly appreciate the service and sacrifice of military veterans. A significant portion of those militaria collectors have themselves served honorably in the military. When these collectors see a KIA Purple Heart Medal or hold it in their hand, they don't see something that is simply a valuable military collectible, they see a sacrifice made by an American during a difficult and tumultuous period of the United State's past. They see a sailor defending his country aboard a ship at Pearl Harbor. They see a Marine answering the call of duty in the jungles of Vietnam. They see the story of a soldier suffering in the trenches of WW1.

And they preserve it.

[firefighter]

Again - write your congressman and say simply "Why make history preservation a crime?"

 

I worked for the US Senate and Congress and they (used to at least) try to do a written response to all consituent mail, so you make them think about it at least.

 

They already did.They took the MoH out of collectors/historians hands and made it a federal crime.Now OUR history is overseas.

 

There is a group on Facebook, GRUNT STYLE, that posted the bill and asked, What do you think? A large majority of VETERANS asked, why aren't they more interested in fixing the VA or helping veterans?