Due to the lapse in appropriations, Department of Justice websites will not be regularly updated. The Department’s essential law enforcement and national security functions will continue. Please refer to the Department of Justice’s contingency plan for more information.

1647. Protection Of Government Property -- National Guard Property

Under 32 U.S.C. § 710(a), "all military property issued by the United States to the National Guard remains the property of the United States." The term "military property" should be broadly construed to include all manner of property used or consumed by the military and not simply "military-type" items. See 32 U.S.C. § 105. See also 32 U.S.C. §  101(13); Northern Pacific Railway Company v. United States, 330 U.S. 248, 254 (1947). Cases involving property in the possession of the National Guard furnished by the United States under 32 U.S.C. § 702 or a similar provision would come under 18 U.S.C. § 641. Property purchased by the National Guard with its own funds pursuant to 32 U.S.C. § 703 or § 705 would be the property of the state and would not be covered by section 641.

[cited in JM 9-66.200]

Updated September 19, 2018