Title 10, Armed ForcesRelease 119-110

§2789 Individual Equipment: Unauthorized Disposition

Title 10 › Subtitle A — General Military Law › PART IV — SERVICE, SUPPLY, AND PROPERTY › CHAPTER 165 — ACCOUNTABILITY AND RESPONSIBILITY › § 2789

Last updated Sep 22, 2026|Official source

Summary

Service members must not sell, lend, pledge, trade, or give clothing, weapons, or gear the United States gave them to anyone except other service members or U.S. officers who are allowed to have it. If such property is found with someone who is not allowed to have it, that person has no right to it and any U.S. military or civilian officer may take it back, following the rules. Finding the item with an unauthorized person counts as basic proof it was given away wrongly. If the seizing officer cannot keep the item, they must turn it over to someone who can.

Full Legal Text

Title 10, §2789

Armed Forces, Source: USLM XML via OLRC

(a)Prohibition.—

No member of the armed forces may sell, lend, pledge, barter, or give any clothing, arms, or equipment furnished to such member by the United States to any person other than a member of the armed forces or an officer of the United States who is authorized to receive it.

(b)Seizure of Improperly Disposed Property.—

If a member of the armed forces has disposed of property in violation of subsection (a) and the property is in the possession of a person who is neither a member of the armed forces nor an officer of the United States who is authorized to receive it, that person has no right to or interest in the property, and any civil or military officer of the United States may seize the property, wherever found, subject to applicable regulations. Possession of such property furnished by the United States to a member of the armed forces by a person who is neither a member of the armed forces, nor an officer of the United States, is prima facie evidence that the property has been disposed of in violation of subsection (a).

(c)Delivery of Seized Property.—

If an officer who seizes property under subsection (b) is not authorized to retain it for the United States, the officer shall deliver the property to a person who is authorized to retain it.

Reference

Citations & Metadata

Citation

10 U.S.C. § 2789

Title 10, Armed Forces

Last Updated

Sep 22, 2026

Release point: 119-110