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U.S. Code as of:
01/19/04
Section 109. Maintenance of other troops
(a) In time of peace, a State or Territory, Puerto Rico, the
Virgin Islands, or the District of Columbia may maintain no troops
other than those of its National Guard and defense forces
authorized by subsection (c).
(b) Nothing in this title limits the right of a State or
Territory, Puerto Rico, the Virgin Islands, or the District of
Columbia to use its National Guard or its defense forces authorized
by subsection (c) within its borders in time of peace, or prevents
it from organizing and maintaining police or constabulary.
(c) In addition to its National Guard, if any, a State or
Territory, Puerto Rico, the Virgin Islands, or the District of
Columbia may, as provided by its laws, organize and maintain
defense forces. A defense force established under this section may
be used within the jurisdiction concerned, as its chief executive
(or commanding general in the case of the District of Columbia)
considers necessary, but it may not be called, ordered, or drafted
into the armed forces.
(d) A member of a defense force established under subsection (c)
is not, because of that membership, exempt from service in the
armed forces, nor is he entitled to pay, allowances, subsistence,
transportation, or medical care or treatment, from funds of the
United States.
(e) A person may not become a member of a defense force
established under subsection (c) if he is a member of a reserve
component of the armed forces.
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