26-178. Illegal possession of equipment; classification

A. A person having in his possession a uniform, arms, equipment, supplies or other military property of the state or United States, who secretes, disposes of, offers for sale or in any manner pledges, retains or refuses to deliver to an officer entitled to demand possession of the property, or who, being a member of the national guard, wears, when not on duty, such uniform or equipment without permission of his commanding officer, is, if the property is of a value more than fifty dollars, guilty of a class 5 felony, and if the value is less than fifty dollars, guilty of a class 2 misdemeanor.

B. Possession of such military equipment or accoutrements of the state, or the United States, by any person not a member of the military forces of the state or the United States, shall be presumptive evidence of unlawful barter, exchange, pledge, loan or gift thereof. A person not a member of the military forces of the United States, or a duly authorized officer or agent thereof, having possession of such articles which have been subjects of unlawful disposition, shall have no right, title or interest therein, and the property may be seized and taken wherever found by an officer of the state, civil or military, and shall thereupon be delivered to any commanding officer or other officer authorized to receive the property who shall make an immediate report thereof to the adjutant general.