10 U.S. Code § 312 - Militia duty: exemptions
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(a) The following persons are exempt from militia duty:
(2) The judicial and executive officers of the United States, the several States, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands.
(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.
Source(Aug. 10, 1956, ch. 1041, 70A Stat. 15; Pub. L. 100–456, div. A, title XII, § 1234(a)(3),Sept. 29, 1988, 102 Stat. 2059; Pub. L. 109–163, div. A, title X, § 1057(a)(7),Jan. 6, 2006, 119 Stat. 3441.)
|Revised section||Source (U.S. Code)||Source (Statutes at Large)|
|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.
2006—Subsec. (a)(2). Pub. L. 109–163substituted “States, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands” for “States and Territories, and Puerto Rico”.
1988—Subsec. (a)(2). Pub. L. 100–456substituted “and Puerto Rico” for “Puerto Rico, and the Canal Zone”.
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