Current U.S. Law Code
Definition of the Militia
US Code: Title 10, Sec. 311. Militia: composition and classes
- 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.1
- The classes of the militia are -
- the organized militia, which consists of the National Guard
and the Naval Militia; and
- the unorganized militia, which consists of the members of
the militia who are not members of the National Guard or the
Naval Militia.
US Code: Title 10, Sec. 312. Militia duty: exemptions
- The following persons are exempt from militia duty:
- The Vice President.
- The judicial and executive officers of the United States,
the several States and Territories, and Puerto Rico.
- Members of the armed forces, except members who are not on
active duty.
- Customhouse clerks.
- Persons employed by the United States in the transmission
of mail.
- Workmen employed in armories, arsenals, and naval shipyards
of the United States.
- Pilots on navigable waters.
- Mariners in the sea service of a citizen of, or a merchant
in, the United States.
- 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.
1. While the official definition includes female citizens in the militia only
if they are members of the National Guard, it is my philosophy that all female citizens of the United States,
who fall within the same age requirements specified for male citizens, are equally members
of the "unorganized militia." In addition, if in time of desperate need,
it is my philosophy that anyone
who can carry and fire a weapon is part of the militia, no matter what age.