Title 10 — Armed ForcesRelease 119-73not60
§12401 Army and Air National Guard of the United States: Status
Title 10 › Subtitle Subtitle E— Reserve Components › Part II— PERSONNEL GENERALLY › Chapter 1211— NATIONAL GUARD MEMBERS IN FEDERAL SERVICE › § 12401
Summary
Army and Air National Guard members are not on active federal duty. They become active for the federal government only when the government lawfully orders them into federal service.
Full Legal Text
Title 10, §12401
Armed Forces — Source: USLM XML via OLRC
Members of the Army National Guard of the United States and the Air National Guard of the United States are not in active Federal service except when ordered thereto under law.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Prior Provisions
Provisions similar to those in this section were contained in section 3495 and 8495 of this title, prior to repeal by Pub. L. 103–337, § 1662(f)(2).
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as a note under section 10001 of this title.
Reference
Citations & Metadata
Citation
10 U.S.C. § 12401
Title 10 — Armed Forces
Last Updated
Apr 3, 2026
Release point: 119-73not60