This question is complex and the Soldier needs to look at the information in this response then speak with their JAG if they are a member of the National Guard.
National Guard Soldiers
I spoke with a JAG source. If a Soldier is on Title 10 orders under federal activation, then it is definitely unlawful. However, if they are on Title 32 orders under state jurisdiction, then it may be legal. Each state has their own regulations for UCMJ imposition and what they can and cannot do. FOR EXAMPLE: If the Soldier says, no I’m not going to turn over my keys, the NG can say fine, you are out of the guard and release them. They can also face UCMJ action under the state guidelines they fall under.
