10-U.S.C.-312
§312 – Militia Duty: Exemptions
Pathway
Title 10 > Subtitle A > Part I > Chapter 13 > Section 312
Details
- Reference: Section 312
- Legend: §312 – Militia Duty: Exemptions
- USCode Year: 2013
Provision Content
(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.
Amendments
2006—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.
U.S. Encyclopedia of Law Coverage
Title 10 – Armed Forces in the Legal Encyclopedia: General Military Law
In this entry about Title 10 – Armed Forces, find legal reference material, bibliographies and premiere content related to general military law in the American Encyclopedia of Law, presenting a comprehensive view of the United States general military law-specific issues, written by authorities in the field.
Title 10 – Armed Forces in the Legal Encyclopedia: Military Organization
In this entry about Title 10 – Armed Forces, find legal reference material, bibliographies and premiere content related to military organization in the American Encyclopedia of Law, presenting a comprehensive view of the United States military organization-specific issues, written by authorities in the field.
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