10-1-104. Federal regulations to govern. (1) Federal laws and regulations, forms, precedents, and usages relating to and governing the armed forces of the United States and the national guard, as in effect on October 1, 2021, insofar as they are applicable and not inconsistent with the constitution and laws of this state or with a rule or regulation adopted pursuant to 10-1-105, apply to and govern the national guard of this state, including all members on active duty within the state as active duty guard/reserve (AGR) personnel under Title 32 of the United States Code.
(2) The Uniform Code of Military Justice, as in effect on October 1, 2021, including the regulations, manuals, forms, precedents, and usages implementing, interpreting, and complementing the code, is adopted for use by the national guard of this state and applies, insofar as the code is not otherwise inconsistent with the constitution and laws of this state, including the regulations, manuals, forms, precedents, and usages implementing, interpreting, and complementing the constitution and laws of this state, or with a rule or regulation adopted pursuant to 10-1-105, to the greatest extent practicable to govern the national guard of this state, including all members on active duty within the state as active duty guard/reserve (AGR) personnel under Title 32 of the United States Code when the members are serving other than in a federal capacity under Title 10 of the United States Code.
History: En. 77-1603 by Sec. 27, Ch. 94, L. 1974; R.C.M. 1947, 77-1603; amd. Sec. 1, Ch. 430, L. 1983; amd. Sec. 1, Ch. 120, L. 1995; amd. Sec. 1, Ch. 10, L. 1997; amd. Sec. 1, Ch. 33, L. 1999; amd. Sec. 1, Ch. 4, L. 2001; amd. Sec. 1, Ch. 17, L. 2003; amd. Sec. 1, Ch. 61, L. 2005; amd. Sec. 1, Ch. 26, L. 2007; amd. Sec. 1, Ch. 49, L. 2009; amd. Sec. 1, Ch. 22, L. 2011; amd. Sec. 1, Ch. 8, L. 2013; amd. Sec. 1, Ch. 10, L. 2015; amd. Sec. 1, Ch. 17, L. 2017; amd. Sec. 1, Ch. 150, L. 2019; amd. Sec. 1, Ch. 124, L. 2021.
Structure Montana Code Annotated
Title 10. Military Affairs and Disaster and Emergency Services
10-1-102. Powers and duties of department of military affairs
10-1-104. Federal regulations to govern
10-1-105. Rules and regulations by governor and adjutant general
10-1-106. Proclamation of martial rule
10-1-107. Property remains public property
10-1-108. Armories -- acquisition and sale -- proceeds -- account -- utilities easements
10-1-109. Lease of real property for military facilities
10-1-111. Immunity from liability
10-1-112. Access to confidential criminal justice information