Title 10 — Armed ForcesRelease 119-73not60
§246 Militia: Composition and Classes
Title 10 › Subtitle Subtitle A— General Military Law › Part I— ORGANIZATION AND GENERAL MILITARY POWERS › Chapter 12— THE MILITIA › § 246
Summary
Militia includes able males 17–44 who are citizens or have declared intent to become citizens (except as provided in section 313 of title 32), and female U.S. Guard members. Two classes: organized (National Guard, Naval Militia) and unorganized.
Full Legal Text
Title 10, §246
Armed Forces — Source: USLM XML via OLRC
(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.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
1956 Act Revised sectionSource (U.S. Code)Source (Statutes at Large) 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. 1958 Act Revised sectionSource (U.S. Code)Source (Statutes at Large) 311(a)32 App.:1.
July 30, 1956, ch. 789, § 1, 70 Stat. 729. The words “appointed as . . . under section 4 of this title” are omitted as surplusage.
Editorial Notes
Amendments
2016—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.
Reference
Citations & Metadata
Citation
10 U.S.C. § 246
Title 10 — Armed Forces
Last Updated
Apr 3, 2026
Release point: 119-73not60