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Stolen Valor Act Ruled Unconstitutional


tom2001
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Just got the latest issue of "The American Legion" (December 2013) magazine, This was a side bar article that I found interesting and thought I would share it with the Forum. The person that found this could have kept it for himself, but in reality what good would it have done? There would be nothing he could have done with it—and this way he can share his good luck with the world.



It's a selfless act like this that makes a life worth living.



Johnny R.

post-8038-0-72079800-1385310005.jpg

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Not exactly a selfless act, by law, they could not do much of anything else with it.

 

 

Liberty is what makes life worth living. Thousands have died for it.

 

 

 

 

W

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If there was no law—one wonders what we would have done?

 

Johnny R.

 

If the MOH found in the book was not to such a high profile recipient, it would have made it's way to a European auction. That is where they all seem to go now.

 

Kurt

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Which European auctions sell MOHs? I'm not sure that I have seen one sell anywhere for 15+ years. As sad as it is that they are selling overseas (no.. I will not make a comment on the insanity of it all) it would still be interesting to follow the auctions.

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Its mainly the German auction houses. I saw a real nice Civil War USN MOH with original paperwork sell in one not too long ago. I tried to find the link to it and I cant find it now.

 

Kurt

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Which European auctions sell MOHs? I'm not sure that I have seen one sell anywhere for 15+ years. As sad as it is that they are selling overseas (no.. I will not make a comment on the insanity of it all) it would still be interesting to follow the auctions.

 

Liverpool Medals Ltd. have sold MoH from time-to-time over the years.

 

http://www.liverpoolmedals.com/

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  • 1 month later...

So, let me ask the question, hypothetically, in this way. There is a collection of medals one could buy. The person selling the medals also has a MoH they want to get rid of for their own reasons. What if they "gift" it to you, if you are willing to buy all their medals for their asking price? Is that not legal? No money exchanges hands for the MoH. Sounds silly, I know. But...

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The issue is that it is illegal to own, buy, sell, trade the MOH in the US. So, while it would nice if it worked...it still wouldn't be legal.

 

Philip

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johnnyrocket

It's my understanding that this medal is considered (with this SVA law) to be the sole property of the government and the actual recipient of the medal.

 

Any other person I would assume that they (the government) would consider in possession of stolen property. I know this is crazy and confusing—but that is the state of the world we now live in.

 

Johnny R.

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Of course he wants to get rid of it, it's illegal to own. :D

It would be nice if the MOH's could stay here in the USofA

but owning one is illegal.

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johnnyrocket

If that were the case, the MOH would have to be returned to the Government upon death of the recipient.

 

 

 

 

W

 

In theory you are probably right. Since the government can do what ever it wants to do (this has proven to be just the case these past few years) they—I assume choose not to follow the letter of the law concerning that event.

Strangely enough I believe it is illegal (I read this particular law just recently on another site) to sell any military medal to a private citizen...of course the government chooses not to enforce that bit of law. It's the MoH that they are concerned with. I could be wrong on this, but I'm sure that's the case. Remember we are talking about the "letter of the law" here, so don't get panicky.

Governments can do what ever they want to do until someone stops them. A small bit of civics philosophy 101 there. :)

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OK, can somebody show me where it says that it is illegal to own a MOH? I know it is illegal to transfer one, but to own one? I think you are misinterpreting the law.

 

-Ski

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You can "own one" as long as its not one of the "un-named" or "non-hallmarked" ones sold by HLP because since they are "unissued" , the govt considers them either stolen or counterfeit.

 

As an example, if you have an engraved MOH from the Civil war, you can possess it, but don't try to trade or sell it. This is one of the reasons historical issued MOHs are showing up for sale in auctions overseas.

 

Kurt

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So the only legal way to obtain one is by inheritance or receiving as a gift?

 

-Nick

 

Well, that or through some extraordinary act of gallantry at great personal risk while serving in the Armed Forces of the United States against an opposing armed force or some such variation on that. Sorry, couldn't resist ;).

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Ok this is new news to me.So if I have a MOH thats 'HLP' hallmarked and un-named It's NOT against the law to have? If so then I can display it and show it?

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  • 3 weeks later...

post-8038-0-42486300-1390321806.jpg Here's an interesting site from Australia I came across the other day...(FYI Only).

 

 

Looks like a complete set of USA MoH's and the complete set of Audie Murphy's WWII medals. All reproductions of course—and not very good repros either.

 

 

Johnny R.

 

http://www.quarterdeckmilitaria.com.au/products.php?cID=16

post-8038-0-48341800-1390321831.jpg

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  • 1 year later...
ustpatcher1a

I hope this is true. the law caused so many 'bar room' lawyers to spout and pontificate irrationally about this matter. In the end of most discussions tended to turn into a 'pissing contest' of rank and bravery awards or lenght of service. Just childishly embarrassing in the end. Good riddance.

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