Title 32, National GuardRelease 119-102
§326 Courts-martial of National Guard Not in Federal Service: Composition, Jurisdiction, and Procedures
Title 32 › CHAPTER 3 — PERSONNEL › § 326
Summary
When not in federal service, the National Guard must use general, special, and summary courts-martial set up like those of the Army and Air Force. They work the same way and have the same powers and procedures, but punishments come from the laws of the States, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands.
Full Legal Text
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.
Legislative History
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.”
Reference
Citations & Metadata
Citation
32 U.S.C. § 326
Title 32, National Guard
Last Updated
Aug 21, 2026
Release point: 119-102