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10 USC CHAPTER 13 - THE MILITIA 01/02/2006
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TITLE 10 - ARMED FORCES
Subtitle A - General Military Law
PART I - ORGANIZATION AND GENERAL MILITARY POWERS
CHAPTER 13 - THE MILITIA
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CHAPTER 13 - THE MILITIA
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Sec.
311. Militia: composition and classes.
312. Militia duty: exemptions.
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10 USC Sec. 311 01/02/2006
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TITLE 10 - ARMED FORCES
Subtitle A - General Military Law
PART I - ORGANIZATION AND GENERAL MILITARY POWERS
CHAPTER 13 - THE MILITIA
-HEAD-
Sec. 311. Militia: composition and classes
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(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.
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(Aug. 10, 1956, ch. 1041, 70A Stat. 14; Pub. L. 85-861, Sec. 1(7),
Sept. 2, 1958, 72 Stat. 1439; Pub. L. 103-160, div. A, title V,
Sec. 524(a), Nov. 30, 1993, 107 Stat. 1656.)
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HISTORICAL AND REVISION NOTES
1956 ACT
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Revised Source (U.S. Code) Source (Statutes at
section Large)
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311(a) 32:1 (less last 19 words). June 3, 1916, ch. 134,
Sec. 57, 39 Stat. 197;
June 28, 1947, ch. 162,
Sec. 7 (as applicable to
Sec. 57 of the Act of
June 3, 1916, ch. 134),
61 Stat. 192.
311(b)
32:1 (last 19 words).
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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.
1958 ACT
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Revised Source (U.S. Code) Source (Statutes at
section Large)
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311(a) 32 App.:1. July 30, 1956, ch. 789,
Sec. 1, 70 Stat. 729.
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The words "appointed as . . . under section 4 of this title" are
omitted as surplusage.
AMENDMENTS
1993 - Subsec. (a). Pub. L. 103-160 substituted "members" for
"commissioned officers".
1958 - Subsec. (a). Pub. L. 85-861 included female citizens of
the United States who are commissioned officers of the National
Guard.
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10 USC Sec. 312 01/02/2006
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TITLE 10 - ARMED FORCES
Subtitle A - General Military Law
PART I - ORGANIZATION AND GENERAL MILITARY POWERS
CHAPTER 13 - THE MILITIA
-HEAD-
Sec. 312. Militia duty: exemptions
-STATUTE-
(a) The following persons are exempt from militia duty:
(1) The Vice President.
(2) The judicial and executive officers of the United States,
the several States, the Commonwealth of Puerto Rico, Guam, and
the Virgin Islands.
(3) Members of the armed forces, except members who are not on
active duty.
(4) Customhouse clerks.
(5) Persons employed by the United States in the transmission
of mail.
(6) Workmen employed in armories, arsenals, and naval shipyards
of the United States.
(7) Pilots on navigable waters.
(8) Mariners in the sea service of a citizen of, or a merchant
in, the United States.
(b) A person who claims exemption because of religious belief is
exempt from militia duty in a combatant capacity, if the
conscientious holding of that belief is established under such
regulations as the President may prescribe. However, such a person
is not exempt from militia duty that the President determines to be
noncombatant.
-SOURCE-
(Aug. 10, 1956, ch. 1041, 70A Stat. 15; Pub. L. 100-456, div. A,
title XII, Sec. 1234(a)(3), Sept. 29, 1988, 102 Stat. 2059; Pub. L.
109-163, div. A, title X, Sec. 1057(a)(7), Jan. 6, 2006, 119 Stat.
3441.)
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HISTORICAL AND REVISION NOTES
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Revised Source (U.S. Code) Source (Statutes at
section Large)
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312(a) 32:3 (less last 67 words). June 3, 1916, ch. 134,
Sec. 59, 39 Stat. 197.
312(b)
32:3 (last 67 words).
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In subsection (a), the words "Members of the armed forces" are
substituted for the words "persons in the military or naval
service". The words "except members who are not on active duty" are
inserted to reflect an opinion of the Judge Advocate General of the
Army (JAGA 1952/4374, 9 July 1952). The word "artificers" is
omitted as covered by the word "workmen". The words "naval
shipyards" are substituted for the words "navy yards" to reflect
modern terminology. The words "on navigable waters" are inserted to
preserve the original coverage of the word "pilots". The words
"actually" and "without regard to age" are omitted as surplusage.
AMENDMENTS
2006 - Subsec. (a)(2). Pub. L. 109-163 substituted "States, the
Commonwealth of Puerto Rico, Guam, and the Virgin Islands" for
"States and Territories, and Puerto Rico".
1988 - Subsec. (a)(2). Pub. L. 100-456 substituted "and Puerto
Rico" for "Puerto Rico, and the Canal Zone".
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