The Military ID
You may have heard this before, or maybe this is the first time you have come across this. For the Notary Signing Agent, it is not lawful to make or possess a copy of a Military ID. This includes a “Retired” status Military ID.
Often, we are required to return a copy of a government issued photo ID back in our loan documents packages. And proud veterans want to offer up their military ID to us to verify their identity. And this is perfectly fine to meet our ID requirements. But we need to send a copy of the ID we used to identify them back in the loan packages and, well we can’t send a copy of a military ID. So we find ourselves handing back the military ID and asking for something else that fits our regulations.
At times, they might even take offense that we are not able to use that ID. Stating this ‘was issued by our U.S. Government and is the best ID in the world’. Well, yes. It probably is, but I can’t accept a copy of it. Only the US government can possess a copy of this ID, or a medical facility or other agency charged with administering military related benefits.
The applicable statute is:
Title 18, U.S. Code Part I, Chapter 33, Section 701, which states:
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 the regulation made pursuant to law, shall be fined under this title or imprisoned not more than six months, or both.
Bolded to add emphasis, within the relevant statute, there lies and exception.
The Defense Department provided in 79 FR 707, titled: Identification (ID) Cards for Members of the Uniformed Services; authorized photocopying include photocopying of DoD ID cards to facilitate medical care processing, check cashing, voting, tax matters, compliance with 50 U.S.C. appendix 501 (also known as “The Service member’s Civil Relief Act”), or administering other military-related benefits to eligible beneficiaries.
The photocopying of a Military ID for government purpose is exempt. The day-to-day activities of State and Federal Agencies are government actions for government purposes. Performing government business is lawful and does not violate Title 18, U.S. Code Part I, Chapter 33, Section 701.
As such, Immigration Agencies such as USCIS, NVC, and DOS are able to lawfully request and use Military IDs.
Commercial establishments can ask to see your card to verify your identification, but they cannot copy it. Photocopied cards might be used for nefarious purposes and criminals value US Military IDs.
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