---
kind: "section"
citation: "10 U.S.C. § 2789"
title: "10"
title_heading: "Armed Forces"
number: "2789"
heading: "Individual equipment: unauthorized disposition"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/2789"
units:
  - "Subtitle A — General Military Law"
  - "Part IV — Service, Supply, and Property"
  - "Chapter 165 — Accountability and Responsibility"
---

# §2789. Individual equipment: unauthorized disposition

- (a) **Prohibition.—** No member of the [armed forces](/usc/10/101.md?p=a-4) may sell, lend, pledge, barter, or give any clothing, arms, or equipment furnished to such member by the [United States](/usc/10/101.md?p=a-1) to any [person](/usc/10/2700.md?p=2) other than a member of the [armed forces](/usc/10/101.md?p=a-4) or an [officer](/usc/10/101.md?p=b-1) of the [United States](/usc/10/101.md?p=a-1) who is authorized to receive it.
- (b) **Seizure of Improperly Disposed Property.—** If a member of the [armed forces](/usc/10/101.md?p=a-4) has disposed of property in violation of [subsection (a)](#a) and the property is in the possession of a [person](/usc/10/2700.md?p=2) who is neither a member of the [armed forces](/usc/10/101.md?p=a-4) nor an [officer](/usc/10/101.md?p=b-1) of the [United States](/usc/10/101.md?p=a-1) who is authorized to receive it, that [person](/usc/10/2700.md?p=2) has no right to or interest in the property, and any civil or [military](/usc/10/801.md?p=8) [officer](/usc/10/101.md?p=b-1) of the [United States](/usc/10/101.md?p=a-1) may seize the property, wherever found, subject to applicable regulations. Possession of such property furnished by the [United States](/usc/10/101.md?p=a-1) to a member of the [armed forces](/usc/10/101.md?p=a-4) by a [person](/usc/10/2700.md?p=2) who is neither a member of the [armed forces](/usc/10/101.md?p=a-4), nor an [officer](/usc/10/101.md?p=b-1) of the [United States](/usc/10/101.md?p=a-1), is prima facie evidence that the property has been disposed of in violation of [subsection (a)](#a).
- (c) **Delivery of Seized Property.—** If an [officer](/usc/10/101.md?p=b-1) who seizes property under [subsection (b)](#b) is not authorized to retain it for the [United States](/usc/10/101.md?p=a-1), the [officer](/usc/10/101.md?p=b-1) shall deliver the property to a [person](/usc/10/2700.md?p=2) who is authorized to retain it.

## Source credit

(Added Pub. L. 110–181, div. A, title III, § 375(a), Jan. 28, 2008, 122 Stat. 83.)