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U.S. Code as of:
01/23/00
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.
Militia duty: exemptions
(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.
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.
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