Applicability: The law applies to the Army and Air Force, but not the National Guard. "
Posted by BellRinger at 2025-11-24 08:44 PM | Reply
Yes, the National Guard can make arrests, but under specific circumstances depending on who has command and the applicable laws, such as the Posse Comitatus Act. When under state control (e.g., activated by a governor), National Guard members can perform law enforcement duties and make arrests within that state. However, federalized National Guard troops (under presidential control) are restricted by the Posse Comitatus Act and can only arrest in situations where they are specifically authorized, such as by the Insurrection Act or if they are deputized by a law enforcement agency.
Under state control
A state governor can activate the National Guard to perform law enforcement duties, including making arrests.
This is an exception to the restrictions on military involvement in domestic law enforcement.
Examples include situations where National Guard troops are deployed to enforce state laws or respond to emergencies within their state.
Under federal control
The Posse Comitatus Act generally prohibits the use of federal military forces, including the National Guard, for domestic law enforcement.
Federalized National Guard troops are subject to this restriction and cannot make arrests unless a specific exception applies.
One exception is when the president invokes the Insurrection Act, which allows for the use of military forces for domestic law enforcement.
Another exception is if the troops are deputized by a state or federal law enforcement agency.
Even without the power to make full arrests, federalized troops can sometimes temporarily detain individuals until civilian law enforcement arrives to take custody.
The DC National Guard
The DC National Guard has a unique status because it can be controlled by the President as its commander-in-chief, and is not subject to the same federal restrictions as the rest of the National Guard.
Because of this, the DC National Guard is authorized to perform law enforcement duties like traffic control, crowd management, and making arrests, and can also temporarily detain individuals until federal, state, or city law enforcement arrives.
He has dementia. He was not calling the shots. He wasn't in charge. It was Woodrow Wilson 2.0.
Do the math.
Posted by BellRinger at 2025-11-29 12:24 AM | Reply
You're full of crap too Jeff. No doubt about it.