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Old October 1, 2012, 05:28 AM   #47
Aguila Blanca
Senior Member
Join Date: September 25, 2008
Location: CONUS
Posts: 9,955
Originally Posted by Crankgrinder
Ill throw this in for you, according to the militia act of 1903, which to my understanding is still on the books and legal. Every able bodied male age 17 on up is militia whether he signs up or not. This is my understanding of it as it sits now, please correct me if im wrong.
You're close, but not correct. The Milita Act is still on the books. The definition of who is in the militia is at 10 USC 311:

10 USC § 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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