10 U.S.C. § 246 defines the militia of the United States and divides it into organized and unorganized classes. Section 247 separately lists exemptions from militia duty. Being included in a statutory class is not the same as holding a National Guard position or possessing authority to act for the government. [1][2]
Who Section 246 includes
The provision covers able-bodied males at least 17 and, except as provided in 32 U.S.C. § 313, under 45 who are U.S. citizens or have made a declaration of intention to become citizens. It also includes female U.S. citizens who are members of the National Guard. The words describing citizenship, age, and National Guard membership should not be omitted when summarizing the provision. [1]
The statute does not say that every adult living in the United States belongs to the same militia class. Nor does its specific language eliminate the need to read separate laws governing eligibility for a particular military organization or service obligation.
Organized versus unorganized militia
The organized militia consists of the National Guard and the Naval Militia. The unorganized militia consists of militia members who are not members of either organization. “Unorganized” is a statutory classification; it does not describe a privately chosen unit as part of the National Guard. [1]
For example, a covered person who has never joined the Guard may fall within the unorganized category. That classification does not itself supply a military appointment, orders, pay entitlement, or a private law-enforcement role. Questions about actual activation and command require the separate law authorizing that action.
What the duty exemptions cover
Section 247(a) exempts the Vice President; specified judicial and executive officers; members of the armed forces except those not on active duty; customhouse clerks; federal mail-transmission employees; specified federal armory, arsenal, and naval-shipyard workers; pilots on navigable waters; and specified mariners. Read the actual category before assuming a job title qualifies. [2]
The active-duty qualification matters. A broad statement that every person with any military affiliation is exempt would omit language Congress included.
Religious belief has a narrower rule
Under § 247(b), a conscientious religious-belief claim established under the prescribed regulations exempts the person from militia duty in a combatant capacity. The statute expressly preserves noncombatant duty determined by the President. It is not written as a blanket exemption from every possible duty. [2]
When assessing a real notice or obligation, identify its issuing authority and statutory basis first. Section 246’s membership definition, § 247’s duty exemptions, Selective Service requirements, and National Guard activation questions should be evaluated under their own governing provisions.
Related questions
See presidential federalization of the National Guard and federal and state authority over the National Guard.
Primary sources
Sources checked: October 31, 2026.