10 USC § 246 - Militia: composition and classes

---
identifier: "/us/usc/t10/s246"
source: "usc"
legal_status: "official_legal_evidence"
title: "10 USC § 246 - Militia: composition and classes"
title_number: 10
title_name: "ARMED FORCES"
section_number: "246"
section_name: "Militia: composition and classes"
chapter_number: 12
chapter_name: "THE MILITIA"
part_number: "I"
part_name: "ORGANIZATION AND GENERAL MILITARY POWERS"
positive_law: true
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Aug. 10, 1956, ch. 1041, 70A Stat. 14, § 311; 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; renumbered § 246, Pub. L. 114–328, div. A, title XII, § 1241(a)(2), Dec. 23, 2016, 130 Stat. 2497.)"
---


# § 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.

---

**Source Credit**: (Aug. 10, 1956, ch. 1041, 70A Stat. 14, § 311; 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; renumbered § 246, Pub. L. 114–328, div. A, title XII, § 1241(a)(2), Dec. 23, 2016, 130 Stat. 2497.)

| Revised section | Source (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 ” 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.

| Revised section | Source (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 ” are omitted as surplusage.

## Editorial Notes

### Amendments

2016— renumbered  as this section.

1993—Subsec. (a).  substituted “members” for “commissioned officers”.

1958—Subsec. (a).  included female citizens of the United States who are commissioned officers of the National Guard.