32 U.S.C. § 109 — Maintenance of other troops

submitted 70 years ago by ch. 1041 to r/title-32-NATIONAL-GUARD · 247 words · no verdicts yet

in plain englishAI-generated · not legal advice

In peacetime, states and territories can only keep National Guard and authorized defense-force troops. They can use those forces at home and still run police forces. Defense-force members aren't excused from military service and get no federal pay for that role.

(a) Peacetime troop limits. In peacetime, a State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, or the Virgin Islands may not maintain any troops other than its National Guard and any defense force it's allowed to create under subsection (c). (b) Local use allowed. This title doesn't stop a State, Puerto Rico, D.C., Guam, or the Virgin Islands from using its National Guard or its authorized defense force within its own borders in peacetime. It also doesn't stop them from organizing and running police or constabulary forces. (c) Defense forces allowed. Besides its National Guard, a State, Puerto Rico, D.C., Guam, or the Virgin Islands may organize and maintain a defense force, following its own laws. That force can be used within the jurisdiction as its chief executive (or, in D.C., its commanding general) thinks necessary — but it can't be called, ordered, or drafted into the U.S. armed forces. (d) No exemption, no federal pay. Being a member of a defense force under (c) doesn't excuse someone from serving in the armed forces if called. It also doesn't entitle that member to federal pay, allowances, food, transportation, or medical care. (e) Reservists excluded. A person who's already a member of a reserve component of the armed forces can't also join a defense force under (c).

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

(a)

In time of peace, a State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, or the Virgin Islands may maintain no troops other than those of its National Guard and defense forces authorized by subsection (c).

(b)

Nothing in this title limits the right of a State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, or the Virgin Islands to use its National Guard or its defense forces authorized by subsection (c) within its borders in time of peace, or prevents it from organizing and maintaining police or constabulary.

(c)

In addition to its National Guard, if any, a State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, or the Virgin Islands may, as provided by its laws, organize and maintain defense forces. A defense force established under this section may be used within the jurisdiction concerned, as its chief executive (or commanding general in the case of the District of Columbia) considers necessary, but it may not be called, ordered, or drafted into the armed forces.

(d)

A member of a defense force established under subsection (c) is not, because of that membership, exempt from service in the armed forces, nor is he entitled to pay, allowances, subsistence, transportation, or medical care or treatment, from funds of the United States.

(e)

A person may not become a member of a defense force established under subsection (c) if he is a member of a reserve component of the armed forces.

Source credit: (Aug. 10, 1956, ch. 1041, 70A Stat. 600; Pub. L. 85–861, § 2(2), Sept. 2, 1958, 72 Stat. 1542; Pub. L. 100–456, div. A, title XII, § 1234(b)(1), Sept. 29, 1988, 102 Stat. 2059; Pub. L. 109–163, div. A, title X, § 1057(b)(3), Jan. 6, 2006, 119 Stat. 3441; Pub. L. 111–383, div. A, title X, § 1075(h)(4)(B), Jan. 7, 2011, 124 Stat. 4377.)

history & why it existsrecord from the source credit

1956Enacted · Act of Aug. 10, 1956, ch. 1041
1958Amended · Pub. L. 85-861 · 72 Stat. 1542
1988Amended · Pub. L. 100-456 · 102 Stat. 2059
2006Amended · Pub. L. 109-163 · 119 Stat. 3441
2011Amended · Pub. L. 111-383 · 124 Stat. 4377

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

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