United States Code

Pertaining to the maintenance of State Defense Forces

  • United States Code
    • TITLE 32 – NATIONAL GUARD
      • CHAPTER 1 – ORGANIZATION

§ Section 109. Maintenance of other troops

(a) In time of peace, a State or Territory,
Puerto Rico, the Virgin Islands, or the District of Columbia 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 or
Territory, Puerto Rico, the Virgin Islands, or the District of Columbia
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 or
Territory, Puerto Rico, the Virgin Islands, or the District of Columbia
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.

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