U.S. Code
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Title 10
» Subtitle Subtitle A— General Military Law › Part PART I— ORGANIZATION AND GENERAL MILITARY POWERS › Chapter CHAPTER 12— THE MILITIA
10 U.S.C. § 246
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.(Aug. 10, 1956, ch. 1041, 70A Stat. 14, § 311; Pub. L. 85–861, § 1(7), Sept. 2, 1958, 72 Stat. 1439; Pub. L. 103–160, div. A, title V, § 524(a), Nov. 30, 1993, 107 Stat. 1656; renumbered § 246, Pub. L. 114–328, div. A, title XII, § 1241(a)(2), Dec. 23, 2016, 130 Stat. 2497.)Historical and Revision Notes |
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1956 Act |
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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.
The words “appointed as . . . under section 4 of this title” are omitted as surplusage.
Editorial NotesAmendments2016—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.
Notes of Decisions
Abbott v. Biden, 70 F.4th 817 (5th Cir. 2023).
“6 The federal militia statute, 10 U.S.C. § 246 , provides: (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…”
Bjelobrk v. Suffolk Cnty. (E.D.N.Y 2025).
· cites it 2× “He intends to cite to that statute’s successor, 10 U.S.C. § 246 . In any event, his citation to that statute further undermines his argument because the statute, in describing the United States militia, distinguishes between the National Guard and the Naval Militia.”
Junior Sports Magazines Inc. v. Rob Bonta (C.D. Cal. 2022).
“ROB BONTA “militia” under federal law to include “all able-bodied male [citizens] of at least 17 years of age,” 10 U.S.C. § 246 , anticipates minors’ possession of firearms.”
Cuara Rodriguez v. LDS Church (D. Utah 2023).
“”4 In turn, Rodriguez alleges these actions have caused him “lots of mental diseases,” and have some nexus with “9/11” where he “was the owner of those buildings new york state [sic].”5 For relief, he requests his “government account,” a “militia government composition,” and…”
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