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> anyone have a copy handy, on text/ASCII file, of this section of U.S. Code?

> 

> (10 USC 311)



Subject: Militia sections of US Code

 

Here are some sections from the US Code pertaining to the

militia.  You may want to incorporate this into letters you

write to Congressmen, etc to remind them of how the law

defines "militia."  You may also wish to point out that

the semi-autos being banned are ideal militia weapons

and are used by the US Army for civilian marksmanship 

training and competition.

 

The definition of the unorganized militia would seem to match

the requirement of the founders for ultimate power to be in 

the hands of the people.  From the Federalist Papers and the 

debates about the adoption of the Constitution, it is

clear that the founders intended the militia as a check

against the power of a standing army.

 

As I usually do, I have reproduced the sections in a 

format as closely approximating the original as possible.

Content, including punctuation and capitalization is exact.

I have not included the revision history or other notes.

These sections are referred to as 10 USC 311, 10 USC 312, 

and 32 USC 313.

-----

United Stated Code (USC)

 

TITLE 10--ARMED FORCES

 

Section 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, citi-

zens of the United States and of female citizens

of the United States who are commissioned of-

ficers 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.

 

 

Section 312. Militia duty: exemptions

 

  (a) The following persons are exempt from

militia duty:

    (1) The Vice President.

    (2) The judicial and executive officers of

  the United States, the several States and Ter-

  ritories, Puerto Rico, and the Canal Zone.

    (3) Members of the armed forces, except

  members who are not on active duty.

    (4) Customhouse clerks.

    (5) Persons employed by the United States

  in the transmission of mail.

    (6) Workers employed in armories, arse-

  nals, and naval shipyards of the United 

  States.

    (7) Pilots on navigable waters.

    (8) Mariners in the sea service of a citizen

  of, or a merchant in, the United States.

 

  (b) A person who claims exemption because

of religious belief is exempt from militia duty

in a combatant capacity, if the conscientious

holding of that belief is established under such

regulations as the President may prescribe.

However, such a person is not exempt from mi-

litia duty that the President determines to be

noncombatant.

 

 

TITLE 32--NATIONAL GUARD

 

Section 313. Appointments and enlistments: age limitations

 

  (a) To be eligible for original enlistment in

the National Guard, a person must be at least

17 years of age and under 45, or under 64 years

of age and a former member of the Regular

Army, Regular Navy, Regular Air Force, or

Regular Marine Corps. To be eligible for reen-

listment, a person must be under 64 years of age.

  (b) To be eligible for appointment as an offi-

cer of the National Guard, a person must--

    (1) be a citizen of the United States; and

    (2) be at least 18 years of age and under 64.

 

-----

 

The code books I got this from were in the Jonsson Library of 

Government Documents at Stanford.   This library is a Government 

Printing Office Depository Library and is thus open to the public, 

unlike other Stanford libraries.  They have lots of government books

including congressional proceedings of various sorts.  To get to 

Jonsson go in the front door of Green library and make a left, 

where right would take you into Green.

 

I suspect that most large universities have similar libraries and 

that the US Code can probably be found at larger city libraries.

 

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