The phrase "except as provided in section 313 of title 32" makes it clear
that the National Guard is NOT the militia".
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Professor Joseph Olson, J.D.(*Honors,* Duke), Ll.M (Florida)
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On Fri, Mar 17, 2017 at 3:16 AM, Lowell Savage <[email protected]>
wrote:
> I just noticed that Title 10 USC has recently been reorganized. So, what
> used to be 10 USC 311 is now 10 USC 246.
>
> This appears to have occurred on December 23, 2016, due to "Pub L 114-328
> renumbered section 311 of this title as this section".
>
> I found it at http://uscode.house.gov/
>
> Here is the provision in all its "glory". (OK, I left off the revision
> notes.)
>
> 10 USC 246. Militia: composition and classes
> (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.
>
> And here's the referenced 32 USC 313:
>
> 32 USC 313. Appointments and enlistments: age limitations
> (a) To be eligible for original enlistment in the National Guard, a
> person must be at least 17 years of age and under 45, or under 64 years of
> age and a former member of the Regular Army, Regular Navy, Regular Air
> Force, or Regular Marine Corps. To be eligible for reenlistment, a person
> must be under 64 years of age.
> (b) To be eligible for appointment as an officer of the National Guard,
> a person must-
> (1) be a citizen of the United States; and
> (2) be at least 18 years of age and under 64.
>
> Lowell Savage
> [email protected]
>
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