§247 — Title 10 Armed Forces | U.S. Code

Summary

Names eight kinds of people who do not have to serve in the militia. They include the Vice President; judges and executive officers of the United States, the states, Puerto Rico, Guam, and the Virgin Islands; members of the armed forces who are on active duty; customhouse clerks; mail transmission workers; workers at federal armories, arsenals, and naval shipyards; pilots on navigable waters; and merchant mariners. A person with a sincere religious objection can be excused from serving in a combat role if the President’s rules confirm that belief. That person can still be required to do militia duty that the President says is noncombatant.

Title 10, §247

Armed Forces — Source: USLM XML via OLRC

(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.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large) 312(a)312(b)32:3 (less last 67 words).32:3 (last 67 words).June 3, 1916, ch. 134, § 59, 39 Stat. 197. In subsection (a), the words “Members of the armed forces” are substituted for the words “persons in the military or naval service”. The words “except members who are not on active duty” are inserted to reflect an opinion of the Judge Advocate General of the Army (JAGA 1952/4374, 9 July 1952). The word “artificers” is omitted as covered by the word “workmen”. The words “naval shipyards” are substituted for the words “navy yards” to reflect modern terminology. The words “on navigable waters” are inserted to preserve the original coverage of the word “pilots”. The words “actually” and “without regard to age” are omitted as surplusage.

Editorial Notes

Amendments

2016—Pub. L. 114–328 renumbered section 312 of this title as this section. 2006—Subsec. (a)(2). Pub. L. 109–163 substituted “States, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands” for “States and Territories, and Puerto Rico”. 1988—Subsec. (a)(2). Pub. L. 100–456 substituted “and Puerto Rico” for “Puerto Rico, and the Canal Zone”.

§247 Militia duty: exemptions