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10 U.S.C. § 261 — During war or threat to national security

submitted 70 years ago by ch. 1041 to r/title-10-ARMED-FORCES · 138 words · no verdicts yet

in plain englishAI-generated · not legal advice

The President can arm U.S.-registered boats, ships, or aircraft during wartime or similar threats. This applies when a foreign government threatens the United States, its citizens, or their property or business, with force. A separate 1909 law limiting armed vessels does not apply here.

(a) The President, acting through a designated Department of Defense agency, may arm - or allow to be armed - any U.S.-documented, registered, or licensed watercraft or aircraft capable of transporting people or goods on, over, or under water. (b) This power applies during a war, and at any other time the President decides a foreign government or agency threatens U.S. security through force, or the real danger of force, against the United States, its citizens, their property, or their business interests. (c) Section 16 of the Act of March 4, 1909 (found at 22 U.S.C. 463) does not apply to vessels armed under this section.
the actual law source: uscode.house.gov ↗public domain
(a)

The President, through any agency of the Department of Defense designated by him, may arm, have armed, or allow to be armed, any watercraft or aircraft that is capable of being used as a means of transportation on, over, or under water, and is documented, registered, or licensed under the laws of the United States.

(b)

This section applies during a war and at any other time when the President determines that the security of the United States is threatened by the application, or the imminent danger of application, of physical force by any foreign government or agency against the United States, its citizens, the property of its citizens, or their commercial interests.

(c)

Section 16 of the Act of March 4, 1909 (22 U.S.C. 463) does not apply to vessels armed under this section.

Source credit: (Aug. 10, 1956, ch. 1041, 70A Stat. 16, § 351; Pub. L. 96–513, title V, § 511(12), Dec. 12, 1980, 94 Stat. 2921; renumbered § 261, 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
  • 1980Amended · Pub. L. 96-513 · 94 Stat. 2921
  • 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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