Mississippi Code

Miss. Code Ann. § 33-1-1 (2026)

Definition of terms

✓ current as of July 2026

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In this chapter, and in Chapters 3, 5, 7, 9 and 11 of this title, the words:

(a) Military forces of the state shall mean the organized militia, the state retired list, the state reserve list, and the Mississippi State Guard, and all other components of the militia of the state which may hereafter be organized.

(b) Organized militia shall mean the Mississippi National Guard, including the Army National Guard and the Air National Guard, and the Mississippi State Guard when organized, and shall be deemed to include any unit, component, element, headquarters, staff or cadre thereof, as well as any member or members.

©) Mississippi National Guard shall mean that part of the organized militia of this state which is organized, equipped and federally recognized under the provisions of the laws of the United States and of the State of Mississippi relating to the National Guard.

(d) Army National Guard shall mean the members of federally recognized units and organizations of the Mississippi National Guard which are a reserve component of the United States Army.

(e) Air National Guard shall mean the members of federally recognized units and organizations of the Mississippi National Guard which are a reserve component of the United States Air Force.

(f) Military shall include Army, Air and Naval Forces and the United States Space Force.

(g) Military fund shall mean any and all monies appropriated by the Legislature for the support of the militia and such other revenues as may be received or collected by the military department.

(h) Federal recognition or federally recognized shall mean acknowledgment by the Secretary of the Air Force or the Secretary of the Army that an individual has been appointed to an authorized grade and position vacancy appropriate to his qualifications in the Air National Guard, or the Army National Guard, and that he meets the prescribed federal requirements for such grade and position; or that the particular unit or organization has been recognized by the Secretary of the Air Force or the Secretary of the Army as a component of the Air National Guard or Army National Guard of the United States.

(I) Unit or organization shall mean a single military organization having a mission, function, and a structure prescribed by competent authority.

(j) Active state duty shall mean active military duty in other than a training status in or with a force of the organized militia or with the Adjutant General's Department, upon the orders of the Governor.

(k) State training duty shall mean military duty in a training status authorized under Title 32 of the United States Code, Annotated, and regulations issued thereunder.

(l) Service of the United States or active service of the United States shall mean any active military duty in the Armed Forces of the United States except duty for training purposes.

(m) Officer shall include commissioned officers and warrant officers of the militia of this state unless otherwise specified.

(n) Enlisted man shall be understood to designate members of the militia of this state other than officers and warrant officers.

(o) Gender-words importing the masculine gender only shall apply to female as well as male.

Codes, 1942, § 8519-01; Laws, 1966, ch. 539, § 1, eff. 6/1/1966.

Amended by Laws, 2023, ch. 505, HB 1029,§ 3, eff. 7/1/2023.

Notes of Decisions

Cited in 2 cases, 1999–2003 · leading case: Hewes v. Langston, 853 So. 2d 1237 (Miss. 2003).

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Hewes v. Langston, 853 So. 2d 1237 (Miss. 2003). · cites it 2× “Miss.Code Ann. § 33-1-1(b) (Rev.2000) makes a distinction between the "Mississippi State Guard," and the "Mississippi National Guard.”

George P. Hewes, III v. Cynthia Langston (Miss. 1999). · cites it 2× “Miss. Code Ann. § 33-1-1 (b) (Rev. 2000) makes a distinction between the "Mississippi State Guard," and the "Mississippi National Guard.”

— Miss. Code Ann. § 33-1-1(b) — 1 case

Hewes v. Langston, 853 So. 2d 1237 (Miss. 2003). “Miss.Code Ann. § 33-1-1(b) (Rev.2000) makes a distinction between the "Mississippi State Guard," and the "Mississippi National Guard.”

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