Geared Up: Legal & Policy Considerations for Military and Law Enforcement Uniforms

Building on its prior work on issues at the intersection of federalism, national security, domestic deployment, and law enforcement activities, the Center for a New American Security (CNAS) National Security Law Program is publishing a commentary series that assesses the legal and policy considerations for improving the framework governing law enforcement use of military uniforms and gear. Expert authors assess the legal frameworks for how military uniforms make their way into the law enforcement ranks, analyze the rules that apply to civilians who may wear surplus military gear, and consider what a militarized law enforcement presence means from the policing perspective. Authors provide recommendations for federal or state actions that could clarify the rules governing how law enforcement professionals appear. The series also includes a legal backgrounder on military and law enforcement powers and differing lines of authority.

In February 2024, CNAS launched a project on federalism and national security. Under that project, CNAS published a commentary series in spring 2025, The 21st Century National Guard: Expanding Missions, Modernizing Authorities, which explored current trends and dynamics in the modern uses and authorities of the National Guard. Expert authors analyzed how the Guard has been used and will be increasingly called upon in years ahead. They provided recommendations for modernizing and clarifying legal authorities for National Guard deployment and for legislative action at the state and federal levels. The December 2024 report Stress Testing State Power: When Governors and Presidents Diverge on Matters of National Security was also published under this research project and previewed litigation (which has since taken place) over the deployment of the National Guard.

The CNAS project on federalism and national security was initiated with support from the Democracy Innovation Fund, Defending Democracy Together Institute. Continued work on domestic deployment and related issues has been made possible by support from the William and Flora Hewlett Foundation.

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