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10 USC CHAPTER 13 - THE MILITIA 01/06/03

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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 01/06/03

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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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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.

-SOURCE-

(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 section Source (U.S. Code) Source (Statutes at

Large)

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311(a) 311(b) 32:1 (less last 19 June 3, 1916, ch.

words). 32:1 (last 134, Sec. 57, 39

19 words). 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.

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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 section Source (U.S. Code) Source (Statutes at

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 01/06/03

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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 and Territories, and Puerto Rico.

(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.)

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Historical and Revision Notes

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Revised section Source (U.S. Code) Source (Statutes at

Large)

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312(a) 312(b) 32:3 (less last 67 June 3, 1916, ch.

words). 32:3 (last 134, Sec. 59, 39

67 words). Stat. 197.

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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

1988 - Subsec. (a)(2). Pub. L. 100-456 substituted ''and Puerto

Rico'' for ''Puerto Rico, and the Canal Zone''.

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