10 U.S.C. § 247 — Militia duty: exemptions

submitted 70 years ago by ch. 1041 to r/title-10-ARMED-FORCES · 153 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law lists who is excused from militia duty, including the Vice President, top judges and executive officials, active-duty service members, mail workers, and certain armory and maritime workers. People with a sincere religious objection are excused from combat militia duty, but the President can still require them to serve in a noncombat role.

(a) These people are exempt from militia duty: (1) The Vice President. (2) Judicial and executive officers of the United States, the states, Puerto Rico, Guam, and the Virgin Islands. (3) Members of the armed forces — but only if they are on active duty. A member of the armed forces who is not on active duty is not exempt. (4) Customhouse clerks. (5) People the United States employs to deliver the mail. (6) Workers employed at United States armories, arsenals, and naval shipyards. (7) Pilots who navigate ships on navigable waters. (8) Mariners serving at sea for a United States citizen or merchant. (b) A person who claims exemption for religious belief is exempt from militia duty in combat roles, if regulations the President sets up establish that the person truly holds that belief. However, this person is not exempt from noncombat militia duty that the President decides they must perform.

the actual law source: uscode.house.gov ↗public domain

(a)

The following persons are exempt from militia duty:

(1)

The Vice President.

(2)

The judicial and executive officers of the United States, the several States, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands.

(3)

Members of the armed forces, except members who are not on active duty.

(4)

Customhouse clerks.

(5)

Persons employed by the United States in the transmission of mail.

(6)

Workmen employed in armories, arsenals, and naval shipyards of the United States.

(7)

Pilots on navigable waters.

(8)

Mariners in the sea service of a citizen of, or a merchant in, the United States.

(b)

A person who claims exemption because of religious belief is exempt from militia duty in a combatant capacity, if the conscientious holding of that belief is established under such regulations as the President may prescribe. However, such a person is not exempt from militia duty that the President determines to be noncombatant.

Source credit: (Aug. 10, 1956, ch. 1041, 70A Stat. 15, § 312; Pub. L. 100–456, div. A, title XII, § 1234(a)(3), Sept. 29, 1988, 102 Stat. 2059; Pub. L. 109–163, div. A, title X, § 1057(a)(7), Jan. 6, 2006, 119 Stat. 3441; renumbered § 247, Pub. L. 114–328, div. A, title XII, § 1241(a)(2), Dec. 23, 2016, 130 Stat. 2497.)

history & why it existsrecord from the source credit

1956Enacted · Act of Aug. 10, 1956, ch. 1041
1988Amended · Pub. L. 100-456 · 102 Stat. 2059
2006Amended · Pub. L. 109-163 · 119 Stat. 3441
2016Amended · Pub. L. 114-328 · 130 Stat. 2497

A history note hasn’t been published yet. The record shows enactment by ch. 1041 on 1956-08-10.

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