Is Military Surplus Gear Legal? What You Need to Know Before Buying

Military surplus stores are treasure troves of gear—everything from vintage field jackets to modern tactical equipment. And yes, in most cases, buying and owning this gear is completely legal. However, there are a few important exceptions to keep in mind to ensure you’re not unintentionally breaking the law.

How Is Military Surplus Legal for Civilians to Buy?

When the military no longer needs certain equipment—whether due to overproduction, outdated standards, or the end of a contract—it often sells it off through government auctions. Surplus dealers then buy this gear and resell it to the public through online platforms or physical stores. This process is entirely legal and well-regulated since there are invoices and a chain of custody.  Stores also buy military gear from soldiers after they get out. 

Some items do not need to be turned in after service when they are no longer in use. Many soldiers also buy extra gear and uniforms themselves at the uniform supply shops on base. We used to see a lot of soldiers who retire after 25 years plus and have a lot of extra or out of service gear they are happy to let move on.

For more, read our Guide to Buying Military Surplus and How Military surplus gets to market.

What about Stolen Military Surplus Gear?

There are cases where military gear has been stolen from supply.  For example, there have been cases where soldiers have stolen items from military bases and sold them on Ebay and other sites. We have even seen entire pallets of specialized gear that were not supposed to have ever been sold by the government.  While this is not likely, you should still keep an eye out for red flags.  In the early 1980’ and 90’s this was a more widespread issue.  A reputable dealer even buying items directly from soldiers has a process to record who and what was purchsed. 

• Scratched-off or removed serial numbers
• Items marked “U.S. Government Property” that aren’t normally sold as surplus
• Sellers unwilling to provide a source or origin

When in doubt, buy from reputable surplus dealers who source their inventory legally.

Buying Military Ordnance Legally

“Military ordnance” refers to weapons like artillery, grenades, rocket launchers, and certain types of body armor. In most cases, it's illegal for civilians to buy or own active ordnance.

That’s why, for example, you can always find authentic tactical vests with armor in surplus shops, but they’ll be missing the armor plates—the plates are removed to comply with legal standards.

However, there are exceptions when you can buy military ordnance legally:

• Deactivated ordnance: Some types of ordnance can be legally sold if they’ve been permanently deactivated and can't be reactivated. These items are often collected for display or historical purposes.
• Legal exceptions: There are some narrow exceptions which allow active ordnance to be sold in very specific situations. For example, under § 621.2, individuals can buy an M1 service rifle if they are in a marksmanship club affiliated with the Director of Civilian Marksmanship (DCM). But don’t expect to find these items in your average surplus store—they require background checks and special procedures.
• It happens: At times some of these items are mixed-in with legally purchased lots of wholesale goods from the government.  In this case there is a clear custody invoice and is now legally owned by the retialer. Keep in mind that the U.S.Army may buy millions of these items and a few hundred can slip out legally. 

Is It Legal to Buy Military Ammunition Casings?

Yes. Empty ammunition casings—such as those collected from firing ranges—are considered scrap metal, not ordnance. They are commonly resold as surplus and are perfectly legal to buy, sell, and own.

Stolen Valor Act and Army Surplus

Many people incorrectly believe that it is illegal for civilians to own or wear military gear. This comes from a misunderstanding of the Stolen Valor Act.  

Many surplus clothing items often have name tags, rank and unit patches still on them. Many soldiers remove them before turn-in. This is not a violation of Operations Security however known as OPSEC. We hear this often from overzealous online comments.  OPSEC  is for keeping the enemy from knowing information about missions, movements, soldier counts in the field etc. Knowing the name of a prior soldier and their unit from years ago has no bearing.  

What Is the Stolen Valor Act?

The original Stolen Valor Act was passed in 2005. Its purpose was to make it a crime for anyone to falsely claim they had received U.S. military medals or awards, such as the Medal of Honor or the Purple Heart. The name “Stolen Valor” comes from the idea that people wearing the clothing are trying to give the impression that they are tough or noble, without having actually served.  

However, in 2012, the Supreme Court struck down the original version of the law in United States v. Alvarez, ruling that the act of lying—even about military service—is protected under the First Amendment as free speech.

In response, Congress passed a revised version of the Stolen Valor Act in 2013. The updated law narrowed the scope: now, it’s only illegal to falsely claim military honors if you’re doing so to obtain a tangible benefit. That might include trying to get a government job, financial assistance, a promotion, or some other material reward by pretending to be a decorated veteran.

For example:

• Wearing a surplus uniform to a costume party? Legal.
• Collecting medals for display in your home? Legal.
• Dressing up as a soldier in a theatrical performance or reenactment? Legal.
• Wearing a Navy SEALuniform to get a free meal or land a government contract? Illegal.

The bottom line is this: it is legal to buy and wear military surplus gear, including uniforms, medals, or insignia—as long as you’re not pretending to be a decorated service member to get something of value.