§326 — Title 32 National Guard | U.S. Code

Summary

When the National Guard is not in federal service, its general, special, and summary courts-martial must be set up the same way as the matching Army and Air Force courts. They get the same authority and must use the same forms and procedures, except the punishments come from the laws of the States, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands.

Title 32, §326

National Guard — Source: USLM XML via OLRC

In the National Guard not in Federal service, there are general, special, and summary courts-martial constituted like similar courts of the Army and the Air Force. They have the jurisdiction and powers, except as to punishments, and shall follow the forms and procedures, provided for those courts. Punishments shall be as provided by the laws of the respective States, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large) 32632:91.June 3, 1916, ch. 134, § 102, 39 Stat. 208. The words “not in Federal service” are substituted for the words “Except in organizations in the service of the United States”. The words “have the jurisdiction and powers” are substituted for the words “and have cognizance of the same subjects, and possess like powers”. The words “of three kinds, namely”, “provided for by the laws and

Regulations

governing”, “proceedings of courts-martial of the National Guard”, and “modes of” are omitted as surplusage.

Editorial Notes

Amendments

2006—Pub. L. 109–163 substituted “States, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands” for “States and Territories, Puerto Rico, and the District of Columbia”. 2002—Pub. L. 107–314 inserted at end “Punishments shall be as provided by the laws of the respective States and Territories, Puerto Rico, and the District of Columbia.”

§326 Courts-martial of National Guard not in Federal service: composition, jurisdiction, and procedures