10 USC § 12401 - Army and Air National Guard of the United States: status

---
identifier: "/us/usc/t10/s12401"
source: "usc"
legal_status: "official_legal_evidence"
title: "10 USC § 12401 - Army and Air National Guard of the United States: status"
title_number: 10
title_name: "ARMED FORCES"
section_number: "12401"
section_name: "Army and Air National Guard of the United States: status"
chapter_number: 1211
chapter_name: "NATIONAL GUARD MEMBERS IN FEDERAL SERVICE"
part_number: "II"
part_name: "PERSONNEL GENERALLY"
positive_law: true
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Added Pub. L. 103–337, div. A, title XVI, § 1662(f)(1), Oct. 5, 1994, 108 Stat. 2993.)"
---


# § 12401. Army and Air National Guard of the United States: status

Members of the Army National Guard of the United States and the Air National Guard of the United States are not in active Federal service except when ordered thereto under law.

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**Source Credit**: (Added Pub. L. 103–337, div. A, title XVI, § 1662(f)(1), Oct. 5, 1994, 108 Stat. 2993.)

## Editorial Notes

### Prior Provisions

Provisions similar to those in this section were contained in sections 3495 and 8495 of this title, prior to repeal by .

## Statutory Notes and Related Subsidiaries

### Effective Date

Section effective , except as otherwise provided, see , set out as a note under .