Understanding the Second Amendment | USCCA Blog
Sometimes I think the word militia should be taken out. It seems to only confuse people because it is not a commonly used word these day except when talking about the second amendment.
If my interpretation is correct (Dammit, Jim, I’m an engineer not a lawyer) a lot of us are Militia members by definition. As I read it, the Militia is able bodied male citizens between 17 and 45 (unless they are prior service, then the maximum age is 64), and female citizens who are members of the National Guard. See below:
10 U.S. Code § 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
32 U.S. Code § 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 reenlistment, a person must be under 64 years of age.
(b) To be eligible for appointment as an officer 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.
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