§ 326. — Courtsmartial of National Guard not in Federal service: composition, jurisdiction, and procedures.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 32USC326]
TITLE 32--NATIONAL GUARD
CHAPTER 3--PERSONNEL
Sec. 326. Courts-martial of National Guard not in Federal
service: composition, jurisdiction, and procedures
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 and Territories, Puerto Rico, and the District
of Columbia.
(Aug. 10, 1956, ch. 1041, 70A Stat. 608; Pub. L. 107-314, div. A, title
V, Sec. 512(a), Dec. 2, 2002, 116 Stat. 2537.)
Historical and Revision Notes
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Revised section Source (U.S. Code) Source (Statutes at Large)
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326................................... 32:91. June 3, 1916, ch. 134, Sec. 102,
39 Stat. 208.
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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.
Amendments
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.''
