§ 327. Courts-martial of National Guard not in Federal service: convening authority

• (a) In the National Guard not in Federal service, general, special, and summary courts-martial may be convened as provided by the laws of the respective States, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands.
• (b) In the National Guard not in Federal service—
  • (1) general courts-martial may be convened by the President;
  • (2) special courts-martial may be convened—
    • (A) by the commanding officer of a garrison, fort, post, camp, air base, auxiliary air base, or other place where members of the National Guard are on duty; or
    • (B) by the commanding officer of a division, brigade, regiment, wing, group, detached battalion, separate squadron, or other detached command; and
  • (3) summary courts-martial may be convened—
    • (A) by the commanding officer of a garrison, fort, post, camp, air base, auxiliary air base, or other place where members of the National Guard are on duty; or
    • (B) by the commanding officer of a division, brigade, regiment, wing, group, detached battalion, detached squadron, detached company, or other detachment.
• (c) The convening authorities provided under subsection (b) are in addition to the convening authorities provided under subsection (a).