Tuesday, April 8, 2014

Operation "Cemetery Sting" - Illegal to sell items.

For many years veteran grave markers, many of them made of bronze, have been taken off of graves and are being sold... on Ebay, in antique shops or flea markets and yard sales. 

Since it is hard to know how the seller has acquired such markers Ebay, one of the largest online sellers, has a rules in place on this subject.
EBay policy states that they are:

“…against cemetery theft and vandalism of our countries cemeteries and therefore prohibit the sale of such items…” 

A cemetery flag holder being sold for $30.00

 This GAR edition flag holder which commemorates the nation's 1776 founding, was found for sale in a New Hampshire antique shop. 

The sale of this item would result in a Class B Felony... the purchaser could be charged with receiving stolen merchandise.

Brand new cast bronze veteran's flag holder's can be purchased legally from online retailers for as little as $33.95. Lightweight plastic versions are found for under $15.00.

Individual states also have statuettes on the removal of cemetery items.

Found on Ebay and is a misdemeanor to sell.
The State of New Hampshire has an RSA's regarding cemeteries:

635:7 Unlawful Possession or Sale of Gravestones and Gravesite Items. – No person shall possess or sell, offer for sale or attempt to sell, or transfer or dispose of any monument, gravestone, marker, or other structure, or any portion or fragment thereof, placed or designed for a memorial of the dead, or any fence, railing, gate, plot delineator, or curb, knowing or having reasonable cause to know that it has been unlawfully removed from a cemetery or burial ground
 


 During the writing of this blog, this marker was found listed on Ebay, starting bid is $111.11
 GRAND ARMY OF THE REPUBLIC GRAVE MARKER CIVIL WAR CAST IRON 1861-1865 US SOLDIER

 Ebay has been notified of this sale.


On 29 May 2003 President Bush signed into law S. 330, the Veterans' Memorial Preservation and Recognition Act of 2003" (Public Law108-29). 


This legislation amended Title 18 of the United States Code to make it a federal felony to "injure or destroy . . . any structure, plaque, statue, or other monument on public property commemorating the service of any person . . .in the armed forces of the United States. . ."

Seller beware The Sons of Union Veterans of the Civil War and The Sons of Spanish American War Veterans have set up committees to keep a watchful eye on online for these markers. These groups also canvas antique shops, flea markets and pawn shops looking for the markers.

Click Here  for a recent story dealing with an arrest on just this subject.

2 comments:

  1. Illegal? I used to think so also BUT unless you can PROVE IT was stolen then it is not illegal to process or sell. I went thru my state congressman. Her office went to the place where I found the marker. We checked the State Statute and it was NOT illegal. You have to understand the intend and definition behind the law.Gravestones and Gravesite Items can be construed to mean many things and most of the general public would think that it means markers.

    In Massachusetts: General Laws Ch. 272 s.73 in part:

    " Whoever wilfully destroys, mutilates, defaces, injures or removes a tomb, monument, gravestone, veteran’s grave marker or metal plaque, veteran’s flag holder that commemorates a particular war, conflict or period of service or flag, .......... shall be punished by imprisonment in the state prison for not more than five years or by imprisonment in the jail or house of correction for not more than two and one-half years and by a fine of not more than five thousand dollars. "

    It doesn't say anything about selling the markers, but I'd rather not be in the position of dealing with who actually removed it or having to prove we found it in a house, etc. so our preferred method of action is to contact the local veteran's service agent to deal with it. I'm sure many other states have similar laws.

    who actually owns the grave markers, statues etc. Is it the family or is there language in the plot site that conveys the ownership to the cemetery. We buy in France a lot and often see ornate iron crosses in architectural salvage shops for sell. We later learned they are markers over crop fields that get removed as the population moves out of town. We do buy those and have a good market for them.
    http://www.flagguys.com/gmarker.html

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