Did You Know? Deploying the National Guard

The National Guard operates under both state and the federal government as the reserve units of the U.S. Army and the U.S. Air Force. The National Guard responds to domestic emergencies such as natural disasters and civil disturbances. Soldiers are available to deploy overseas for combat, peacekeeping, and defending the United States if called into service by the president.  

Generally, no, but there is an exception. The Posse Comitatus Statute prohibits the use of the military against civilians with certain exceptions that fall under the Insurrection Act. 

The Insurrection Act was originally enacted in 1807.  It allows the President to deploy the U.S. military and National Guard domestically to suppress civil unrest, violence, and enforce state and federal law when state and local authorities are unable or unwilling to do so. 

In Washington, D.C., National Guard units began carrying their service weapons, such as M4 rifles and M17 handguns, to provide a law enforcement presence.  Not all members of the National Guard carry weapons, for example administrative officers. They have the authority to make arrests, but their role has been supporting local law enforcement. 

The President can control local police for 30 days. After that period, Congress must pass a joint resolution agreeing to a longer deployment. There are no limitations on how long a president can deploy the National Guard.