2012 US Code
Title 10 - Armed Forces
Subtitle A - General Military Law (§§ 101 - 2925)
Part I - ORGANIZATION AND GENERAL MILITARY POWERS (§§ 101 - 498)
Chapter 13 - THE MILITIA (§§ 311 - 312)
Section 312 - Militia duty: exemptions
| Publication Title | United States Code, 2012 Edition, Title 10 - ARMED FORCES |
| Category | Bills and Statutes |
| Collection | United States Code |
| SuDoc Class Number | Y 1.2/5: |
| Contained Within | Title 10 - ARMED FORCES Subtitle A - General Military Law PART I - ORGANIZATION AND GENERAL MILITARY POWERS CHAPTER 13 - THE MILITIA Sec. 312 - Militia duty: exemptions |
| Contains | section 312 |
| Date | 2012 |
| Laws in Effect as of Date | January 15, 2013 |
| Positive Law | Yes |
| Disposition | standard |
| Source Credit | 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. |
| Statutes at Large References | 39 Stat. 197 102 Stat. 2059 119 Stat. 3441 |
| Public Law References | Public Law 100-456, Public Law 109-163 |
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(a) The following persons are exempt from militia duty:
(1) The Vice President.
(2) The judicial and executive officers of the United States, the several States, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands.
(3) Members of the armed forces, except members who are not on active duty.
(4) Customhouse clerks.
(5) Persons employed by the United States in the transmission of mail.
(6) Workmen employed in armories, arsenals, and naval shipyards of the United States.
(7) Pilots on navigable waters.
(8) Mariners in the sea service of a citizen of, or a merchant in, the United States.
(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.
(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(a) 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.
Amendments2006—Subsec. (a)(2). Pub. L. 109–163 substituted “States, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands” for “States and Territories, and Puerto Rico”.
1988—Subsec. (a)(2). Pub. L. 100–456 substituted “and Puerto Rico” for “Puerto Rico, and the Canal Zone”.
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