Monday, February 23, 2009

What is the Militia of the United States?

Anti-gun advocates always contend that the Militia is the same as the National Guard in support of a collective right interpretation of the 2nd Amendment. This is view is only half-way correct. Title 10, Section 311 of the United States Code defines the militia:

TITLE 10--ARMED FORCES

Subtitle A--General Military Law

PART I--ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 13--THE MILITIA


Sec. 311. 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.

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