A Short Course on Fraudulent and Illegal Texas Ranger Badges

"You would not believe the number of people who buy fake badges -- especially fake Ranger Company "A" badges -- thinking they have bought the real thing. When our [Frontier Battalion reenactors] travel around the state, people bring us their "old" Ranger badges that supposedly were made in the 1880s — out of a 1947 or 1948 five Peso Mexican coin!!! As of yet no one has shown us a "real" Ranger badge. I would say that 95% of them are the fake Company "A." The only real badges we see are on the Rangers who come by to visit our group."

— Jim Ryan, of the Badland Texas Rangers reenactors of Sabinal, Texas

Welcome

Each year the Texas Ranger Hall of Fame and Museum receives many emails and letters about badges. Understandably, folks would like to have a badge from the legendary law enforcement agency. The letters usually contain many of the same explanations: I bought this badge from this old guy at a gun show, didn't get his name. He said I could bring it back next time if I didn't like it . . . Is it real?

I don't know anything about it, but the price was real good . . .

The seller had an "Expert" at the table who said . . .

He had a Xerox of an affidavit . . .

I just saw it on EBAY and the auction ends tomorrow! Is it real and how much should I bid?!?

He said I could bring it back -- but there is no name and address on this receipt. Do you know who he is?

The man at the show said he got it from a museum that was closing . . .

The dealer said that after I bought it the Texas Ranger Hall of Fame could give me all the information on this badge and authenticate it for me . . .

Looks like I got taken, can you help me get my money back?Sadly, all of these buyers paid high prices for "fake" and "fantasy" badges or illegal replicas of the current badge. They were sold with fanciful stories and/or fake "affidavits of authenticity" — but no written guarantees.

Is it Legal to Own a Texas Ranger Badge?

It is legal to own an "old" Texas Ranger badge unless

1. it is used to impersonate a Texas Ranger, or,
2. it is so close in design to the current Texas Ranger service badge ("deceptively similar") that a person would be likely to mistake it for the real badge in current use.

Badges Misrepresented as "Antique" or "Obsolete" Badges

Almost all of the "antique" and "obsolete" Ranger badges our staff has seen on Internet auction sites, at gun shows, and at antique shows/mallsare fraudulent. A fraud is a fake, replica, fantasy or toy badge misleadingly advertised or sold in a way to imply that it is genuine.

There is usually more than one crime -

1. false or misleading advertising and
2. (2) fraudulent sale.
3. If the badge is advertised or delivered by U.S. mail the sale may also constitute mail fraud.

Most of these sellers carefully word their ads in an attempt to avoid prosecution. They are filled with "I think" and "I believe" instead of verifiable facts.

The sources usually cite unnamed and/or unverifiable "small town museums", "estate sales", "old Rangers" or a "well-known recently deceased collector."

Sellers perpetrating fraud depend upon five things—

1. Failure of buyers to research their purchases before buying,
2. Buyer embarrassment in having been "taken,"
3. The "all sales final" and "as is" dodges,
4. Ineffective monitoring of sellers at on-line auction sites, gun and antique shows.
5. Hiding behind PO Boxes, e-mail aliases, anonymous E-bay accounts and bad phone numbers.

Here are typical pitches from the Yahoo! and E-Bay auction sites. The badges are cheap fantasy badges distressed to look old. The ads are carefully worded "window dressing" to avoid prosecution. Instead of "it is," the seller relies on unsupported "I believe". Sales are always final in these ads — any credible antiques dealer will allow returns under certain conditions. The phrases highlighted in red flags should raise some eyebrows, along with the reliance on the seller's opinion.

From the Yahoo! Site

 Old Texas Ranger Badge, Late 1890's

"I noticed there are a lot of fakes out there, but I will tell you this one is not. ... It is hard to find one like this that was actually used and in this good of shape. I can't find anything wrong with it but it does need to be cleaned. This and some other things ... came from an old small town Museum in the heart of Texas. The funding dried up for the Museum, I was able to get a hold of a few of the items, this is a great chance for you to get a piece of history. I have described my item as best as possible! I'm not an expert at every thing I sell, I am going by what Museum personnel has (sic) told me. Please ask all questions before you place your bid."

From E-Bay

Hello, I believe this to be an authentic Texas Ranger badge from around the turn of the century. The badge is made from a silver mexican coin and I do not see any cast marks. The badge has lettering around it that says STATE (around the top) and RANGER (around the bottom) the badge is a bit dirty and shows some wear, the word TEXAS is stamped in a circle arouns [sic] the points of the star in the center. This badge was hand stamped and it was not a perfect job but probably pretty good for the times. It has a U catch pin on the back which I think is right for the times but the PIN part looks to be newer and I am sure it is one someone replaced. This badge was gained at an estate auction with several other badges and patches and I beleive [sic] it to be authentic. The badge does have some small scratched and dings, but nothing to bad. Over all this is a very very nice piece and a rare find. I have though of having it authenticated but am not really sure who to go to to [sic] do it. Badge is obsolete, defunct, no longer issued or older then 75 years old. Badge is sold as a collectable item only and has No Police powers or Authority. Badge is for collecting only. Good Luck

The sad fact is that E-Bay, Yahoo! and other auction services disavow responsibility for badges sold on their services even though their policies prohibit the sales of illegal badges. In our experience emails advising them of misrepresentation and violation of the law usually go unanswered.

Badges Imitating the Current Badge / Actual Current Badges

Texas law prohibits the making, buying, selling, or tradingof replicas or real Texas Ranger badges of the currently-used style. The penalty for violation is up to one year in jail and/or a $4,000 fine per instance.

Texas Government Code Sec. 411.017
UNAUTHORIZED ACTS INVOLVING
DEPARTMENT NAME, INSIGNIA, or DIVISION NAME

(a) A person commits an offense if, without the director's authorization, the person:

1. manufactures, sells, or possesses a badge, identification card, or other item bearing a department insignia or an insignia deceptively similar to the department's;
2. Makes a copy or likeness of a badge, identification card, or department insignia, with intent to use or allow another to use the copy or likeness to produce an item bearing the department insignia or an insignia deceptively similar to the department's; or
3. uses the term "Texas Department of Public Safety," "Department of Public Safety," "Texas Ranger," or "Texas Highway Patrol" in connection with an object, with the intent to create the appearance that the object belongs to or is being used by the department.

   (b) In this section, "department insignia" means an insignia or design prescribed by the director for use by officers and employees of the department in connection with their official activities. An insignia is deceptively similar to the department's if it is not prescribed by the department but a reasonable person would presume that it was prescribed by the department.
   
   (c) A district or county court, on application of the attorney general or of the district attorney or prosecuting attorney performing the duties of district attorney for the district in which the court is located, may enjoin a violation or threatened violation of this section on a showing that a violation has occurred or is likely to occur.
   
   (d) It is an affirmative defense to a prosecution under this section that the object is used exclusively:

   (1) for decorative purposes, maintained or preserved in a decorative state, and not offered for sale; or
   
   (2) in an artistic or dramatic presentation, and before the use of the object the producer of the presentation notifies the director in writing of the intended use, the location where the use will occur, and the period during which the use will occur.

   (e) An offense under this section is a Class A misdemeanor, unless the object is shipped by United States mail or by any type of commercial carrier from a point outside the State of Texas to a point inside the state if the shipper or his agent has been sent notification by registered United States mail of this section prior to the shipment, in which event the offense is a felony of the third degree.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 496, Sec. 1, eff. Sept. 1, 1989.

Only the Texas Department of Public Safety can authorize exceptions. The few that have been granted are usually badges made for movies & TV shows (such as Walker: Texas Ranger).

Chuck Norris as Walker: Texas Ranger
©2006 Sony Corp.

A Few Helpful Terms

When is a Fake, Replica or Fantasy Badge fraudulent?
When it is falsely marketed or violates state law.

	Fake/Replica - an accurate or inaccurate attempt to copy a real badge. The "Co. A" badge is the most common fake on the market today. The design is often found in jewelry not related to the illicit badge trade.
	Fantasy - a badge bearing no resemblance to any known genuine badge. It may incorporate design elements from real badges or other fantasy badges. This is the most "creative" fantasy badge commonly seen today.
	Toy - a badge made for children, usually of plastic or cheap metal. This is a very common toy Ranger badge.

Examples of Common Fake/Replica Badges

The most commonly seen fraudulent badges bear Texas Ranger Company designations Co. A, B, C, D, E, F, HQ, and the old Frontier Battalion. It should be noted that legitimate jewelry makers (cuff links, earrings, buckles, etc.) often incorporate fake or fantasy company badge design motifs.

	Many fake, replica and replica badges have impressions of Mexican or U.S. coins cast into their reverse. A few older examples were forged from real Mexican coins. Unscrupulous dealers have stated "you can tell its real because it was made from a Mexican coin." Real Mexican coins used for badges were minted with dies, not cast. A practiced eye can often see casting lines.
	No genuine badges are known to exist with "Frontier Battalion" engraved on them.The Frontier Battalion was in service from 1874-1901. Some Frontier Battalion fakes have cast replicas of 1940s Mexican coins on their reverse.
	This replica badge is so well made that it takes an experienced eye to identify it. Some of the few genuine examples of this type have a Ranger's name engraved at he top of the circle.

Several variations of this "1890's" flag badge" are known. It is very common on Internet auction sites. Sorry, but the wreaths are a design found after 1961.

This badge is a close copy of an unpopular enameled style worn by the Rangers briefly in the 1950s. It is now appearing in fairly large numbers. Even though the design itself is not illegal, the use of the phrase "Texas Department of Public Safety" violates state law.Some variations of this badge, which are legal, have been made for use by security agencies.

This is a replica of the historic "Kid Rogers" badge sanctioned by the Texas Ranger Hall of Fame and Museum. It was produced to give collectors a close replica of an early Ranger badge and to provide reenactors with an accurate prop.To discourage misrepresentation of these replicas as "real" badges, they have "replica" permanently marked on the reverse. Several minor changes were made so the museum can confirm them as a replicas.

Examples of Common Fantasy Badges

Fantasy badges bear little resemblance to any known genuine badge. They often incorporate design elements from real Ranger badges, military insignia, and other police badges as well as the esigner's imagination.

	This fantasy badge resembles the half-moon New Orleans police badges and presentation badges from the Old West. It has a brass Lone Star and T-E-X-A-S element similar to that on the 1835 Texas Flag and items used by Confederate Texas troops in the Civil War.
	Six-pointed star badges abound, but the design was never used by the Texas Rangers. The badges on the left are among the older fantasy badges and have been used extensively in posters, postcards and art.They have has been sold over the Internet as "1800s" badges despite 1960s design features.
	Special Ranger commissions have been given to sheriffs, private railroad detectives, oil company security officers, cattle detectives and retired DPS personnel. However, they were never issued badges similar to this one. This fantasy badge is commonly found at auctions and at gun shows advertised as a Special Ranger badge.
	Mills Belt" Cartridge Belt Buckle Although not a badge, this is a very common fantasy piece. Texas Rangers did use some US Army Mills-pattern webbed cartridge belts ("scout belts") in the field. However, none are known to have been stamped or engraved with Texas Ranger badges or insignia.

This example was made from a reproduction Mills belt buckle, complete with a fake patent inscription on the back. The "badge" on the front (see below) is loosely based on the post-1961 Texas Ranger badge design — not an 1880s badge.

Fake Co. "B" Keyring - This fake "Arms" and "Ammo" keyring of stamped, distressed brass has recently shown up on many Internet auctions.

Toy Badges

Toy Texas Ranger badges have been made for children since the 1930s and many are considered collectibles. However, dealers have sold unsuspecting customers toy badges as genuine ones, complete with letters of authenticity and concocted histories. Perhaps seeking to avoid legal issues, many toy badge makers have adopted six-pointed star designs never used by the Texas Rangers. Toy badges are usually made of metal-colored plastic or "pot metal" and are hard to confuse with real Texas Ranger badges.

Toy shield badges in silver or gold are common. We have seen some of these distressed, mounted in shadowboxes and sold as real badges.

Artifact Photography by Jennifer Baierl & Wayne McMinn
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