STATUTORY DEFINITIONS OF U.S. MILITIA

[This is being provided both as an independent memorandum and as an introduction to a later post to be published.]

UNITED STATES

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.

(Aug. 10, 1956, ch. 1041, 70A Stat. 14; 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 .)

MICHIGAN

MCL 32.509 State military establishment; composition; organized and unorganized militia.

The organized militia of this state taken collectively shall be known as the state military establishment and constitutes the armed forces of this state. The organized militia consists of the army national guard, the air national guard, and the defense force when actually in existence as provided in this act. The unorganized militia consists of all other able-bodied citizens of this state and all other able-bodied citizens who are residents of this state who have or shall have declared their intention to become citizens of the United States, who shall be age 17 or over and not more than age 60, and shall be subject to state military duty as provided in this act.

History: 1967, Act 150, Imd. Eff. June 30, 1967

MCL 32.555 Unorganized militia; power of the governor.

The governor may order into the defense force any members of the unorganized militia in case of riot, tumult, breach of the peace, resistance of process, or for service in aid of civil authority, whether state or federal, or in time of actual or imminent public danger, disaster, crisis, catastrophe or other public emergency within this state.

History: 1967, Act 150, Imd. Eff. June 30, 1967 ;– Am. 2013, Act 99, Imd. Eff. July 2, 2013