§ 109. — Maintenance of other troops.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 32USC109]
TITLE 32--NATIONAL GUARD
CHAPTER 1--ORGANIZATION
Sec. 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.
(Aug. 10, 1956, ch. 1041, 70A Stat. 600; Pub. L. 85-861, Sec. 2(2),
Sept. 2, 1958, 72 Stat. 1542; Pub. L. 100-456, div. A, title XII,
Sec. 1234(b)(1), Sept. 29, 1988, 102 Stat. 2059.)
Historical and Revision Notes
1956 Act
----------------------------------------------------------------------------------------------------------------
Revised section Source (U.S. Code) Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
109(a)................................ 32:194(a) (1st sentence). June 3, 1916, ch. 134, Sec. 61
32:194(c) (as applicable to (less (b)); restated Oct. 21,
32:194(a) (1st sentence)). 1940, ch. 904 (less last 3
32:194(a) (less 1st sentence). provisos); restated Aug. 18, 1941,
109(b)................................ 32:194(c) (less applicability to ch. 363 (less last 3 provisos);
32:194(a) (1st sentence)). restated Oct. 1, 1942, ch. 570
(less (b)); restated June 26,
1944, ch. 279 (less (b)); restated
Sept. 27, 1950, ch. 1058 (less
(b)), 64 Stat. 1072.
----------------------------------------------------------------------------------------------------------------
In subsection (a), the words ``those of its National Guard'' are
substituted for the words ``as authorized in accordance with the
organization prescribed under this Act''.
In subsections (a) and (b), the provisions of 32:194(c) are
exhausted by the enumeration of the jurisdictions named.
In subsection (b), the words ``Nothing in this title limits'' are
substituted for the words ``Nothing contained in this Act shall be
construed to limit''.
1958 Act
----------------------------------------------------------------------------------------------------------------
Section of title 32 Source (U.S. Code) Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
109(c)................................ 32 App.:194(b) (less 4th and last Aug. 11, 1955, ch. 802, 69 Stat.
sentences). 686.
109(d)................................ 32 App.:194(b) (4th sentence).
109(e)................................ 32 App.:194(b) (last sentence).
----------------------------------------------------------------------------------------------------------------
In subsection (c), the words ``heretofore authorized by this Act
[sic]'', ``as such'', and ``in any manner'' are omitted as surplusage.
In subsection (d), the words ``under any Federal law'' are omitted
since only Federal law could require service in the armed forces. The
word ``military'' is omitted as surplusage.
In subsection (e), the words ``defense force'' are substituted for
the words ``organized militia'' for accuracy and to conform to
subsection (c). The words ``reserve component of the armed forces'' are
substituted for the words ``Reserve Forces as defined in section 901 of
Title 50'', since that term is not defined in the Armed Forces Reserve
Act of 1952.
Amendments
1988--Subsecs. (a) to (c). Pub. L. 100-456 struck out ``the Canal
Zone,'' after ``Virgin Islands,''.
1958--Subsecs. (a), (b). Pub. L. 85-861, Sec. 2(2)(A), substituted
``defense forces authorized by subsection (c)'' for ``State defense
forces''.
Subsecs. (c) to (e). Pub. L. 85-861, Sec. 2(2)(B), added subsecs.
(c) to (e).
