(a)The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section
313 of title
32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.
(b)The classes of the militia are—
(1)the organized militia, which consists of the National Guard and the Naval Militia; and
(2)the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia.
June 3, 1916, ch. 134, § 57, 39 Stat. 197; June 28, 1947, ch. 162, § 7 (as applicable to § 57 of the Act of June 3, 1916, ch. 134), 61 Stat. 192.
In subsection (a), the words “who have made a declaration of intention” are substituted for the words “who have or shall have declared their intention”. The words “at least 17 years of age and * * * under 45 years of age” are substituted for the words “who shall be more than seventeen years of age and * * * not more than forty-five years of age”. The words “except as provided in section
313 of title
32” are substituted for the words “except as hereinafter provided”, to make explicit the exception as to maximum age.
In subsection (b), the words “The organized militia, which consists of the National Guard and the Naval Militia” are substituted for the words “the National Guard, the Naval Militia”, since the National Guard and the Naval Militia constitute the organized militia.
Source (U.S. Code)
Source (Statutes at Large)
July 30, 1956, ch. 789, § 1, 70 Stat. 729.
The words “appointed as . . . under section
4 of this title” are omitted as surplusage.
1993—Subsec. (a). Pub. L. 103–160substituted “members” for “commissioned officers”.
1958—Subsec. (a). Pub. L. 85–861included female citizens of the United States who are commissioned officers of the National Guard.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
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Description of Change
Statutes at Large
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