Title 10 — Armed Forces
Part I · Chapter 12 — The Militia
§ 246. Militia: composition and classes
Statutory text
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.
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.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Aug. 10, 1956, ch. 1041, 70A Stat. 14, § 311 · 70A Stat. 14
Enacted · 10 U.S.C. § 246
Aug. 10, 1956, ch. 1041, 70A Stat. 14, § 311
Source evidence
Code source credit
Aug. 10, 1956, ch. 1041, 70A Stat. 14, § 311Pub. L. 85–861 § 1(7) · 72 Stat. 1437
Changed · 10 U.S.C. § 246(a)
Pub. L. 85–861 included female citizens of the United States who are commissioned officers of the National Guard
Source evidence
Code amendment note
Subsec. (a). Pub. L. 85–861 included female citizens of the United States who are commissioned officers of the National Guard.Enacted provision · exact public law section
(1) Section 101 is amended by inserting the following new clause after clause (24): “(25) ‘Active status’ means the status of a reserve commissioned officer, other than a commissioned warrant officer, who is not in the inactive Army National Guard or inactive Air National Guard, on an inactive status list, or in the Retired Reserve.”Pub. L. 103–160 div. A title V § 524(a) · 107 Stat. 1547
Substituted · 10 U.S.C. § 246(a)
Pub. L. 103–160 substituted “members” for “commissioned officers”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 103–160 substituted “members” for “commissioned officers”.Enacted provision · exact public law section
(a) Clarification Regarding Female Members of the National Guard as Members of the Militia.— Section 311(a) of title 10, United States Code, is amended by striking out “commissioned officers” and inserting in lieu thereof “members”.National Defense Authorization Act for Fiscal Year 2017
Pub. L. 114–328 div. A title XII § 1241(a)(2) · 130 Stat. 2000
Changed · 10 U.S.C. § 246
Pub. L. 114–328 renumbered section 311 of this title as this section
Source evidence
Code amendment note
Pub. L. 114–328 renumbered section 311 of this title as this section.Enacted provision · exact public law section
(2) by redesignating sections 261, 311, 312, 331, 332, 333, 334, 335, 351, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382, 383, and 384 (as added by section 1011 of this Act) as sections 241, 246, 247, 251, 252, 253, 254, 255, 261, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, and 284, respectively; and
3 of 4 references resolved to an enrolled provision · 1 partial
Notes
historicalAndRevision
| Historical and Revision Notes | ||
|---|---|---|
| 1956 Act | ||
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| 311(a)311(b) | 32:1 (less last 19 words).32:1 (last 19 words). | 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.
historicalAndRevision
| 1958 Act | ||
|---|---|---|
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| 311(a) | 32 App.:1. | July 30, 1956, ch. 789, § 1, 70 Stat. 729. |
The words “appointed as . . . under section 4 of this title” are omitted as surplusage.
Editorial Notes
Amendments1958–2016 · 3 rounds
2016
Pub. L. 114–328 renumbered section 311 of this title as this section.
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.
Credits
1956–2016 · 4 acts
- 1956Aug. 10, 1956, ch. 1041, 70A Stat. 14, § 311
- 1958Pub. L. 85–861, § 1(7), , 72 Stat. 1439
- 1993Pub. L. 103–160, div. A, title V, § 524(a), , 107 Stat. 1656
- 2016renumbered § 246, Pub. L. 114–328, div. A, title XII, § 1241(a)(2), , 130 Stat. 2497.
Show as published
(Aug. 10, 1956, ch. 1041, 70A Stat. 14, § 311; Pub. L. 85–861, § 1(7), , 72 Stat. 1439; Pub. L. 103–160, div. A, title V, § 524(a), , 107 Stat. 1656; renumbered § 246, Pub. L. 114–328, div. A, title XII, § 1241(a)(2), , 130 Stat. 2497.)