Respectfully, I read it differently.
The 32 USC 313 provides for enlistment and reenlistment in the National Guard and appointment as an officer in the National Guard up to 64 years of age, so I read it as “…able-bodied males above the age of 17 and less than 45 unless they are older members of the National Guard…”. So it is actually explicitly including the National Guard in the militia. And then subsection (b) (1) doubles down on it with “the organized militia, which consists of the National Guard…” My main reason for posting this was to point out the numbering change. The wording of this part of the law did not change. The reason I kind of keep track of it is that since this defines what the militia is (basically all able-bodied military-age male citizens of the US), it should put to rest the nonsense about “the right to keep and bear arms” only belonging to the National Guard. Since the militia encompasses all male citizens, then they all have the right even if they aren’t a member of the National Guard. And since it is a “right of the people”, they don’t lose the right on their 45th birthday (or when they separate from the National Guard). Lowell Savage [email protected] <mailto:[email protected]> From: Olson, Joseph E. [mailto:[email protected]] On Friday, March 17, 2017 10:03 AM, Olson, Joseph E. [mailto:[email protected]] wrote: The phrase "except as provided in section 313 of title 32" makes it clear that the National Guard is NOT the militia". On Fri, Mar 17, 2017 at 3:16 AM, Lowell Savage <[email protected] <mailto:[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] <mailto:[email protected]> _______________________________________________ To post, send message to [email protected] <mailto:[email protected]> To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/firearmsregprof Please note that messages sent to this large list cannot be viewed as private. Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others.
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