Military Tenants: Don't Copy ID Cards
By Richard Marmor
AZSA Legal and Legislative Committee Chair
“Can we copy military ID cards?” asked a recent caller. “I heard that the Texas storage association sent a memo to its members telling them that they can’t copy the cards.”
I admitted that I didn’t know; it had never been an issue before. I decided to look into it.
It turns out that Texas sent out its member memo because the State of Texas passed its own law prohibiting the copying of military ID cards, so that has nothing to do with us. I wondered, though, what federal law has to say on the subject. Plenty, it seems.
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, made pursuant to law, shall be fined under this title or imprisoned not more than six months, or both.
Although that appears to be a pretty clear prohibition, I noted the words “except as authorized under regulations.” That means there has to be exceptions. I went to the horse’s mouth for an answer.
The Reporter, the journal of the Judge Advocate General’s School of the U.S. Air Force, points out that there are regulations permitting military ID card copying in order to qualify the service member for military benefits as well as some military related benefits, but, they caution, “If a hotel, car dealer, or similar commercial establishment wants to offer a military discount and request a photocopy, the military member should permit review of the card only.” The article concludes, “Members may allow photocopying of their ID card to facilitate [Department of Defense] benefits. Photocopying is unauthorized in all other instances.”
Bottom line: Don’t copy them. If you have copies on hand now, shred them.
Instead, when renting to military, make a record that you viewed the actual card and leave it at that. Besides, military ID numbers are also social security numbers. You do not want to have those lying around your office. The penalties for losing control over them are steep. Remember, you can still request and copy other forms of ID, like the tenant’s driver’s license.
[This article deals with a law related subject at a general level and is not intended for you to rely on. You should consult a lawyer before making a final decision in a situation involving any legal issues.
Richard Marmor, Esq. is a self-storage consultant, facility owner and former facility operator in the Phoenix area. He is also the founding President and current member of the Board of Directors of the Arizona Self-Storage Association, serving as Chair of the Legal and Legislative Committee.
Source: Behind Closed Doors, AZSA Newsletter Archives