10 U.S.C. § 247 — Militia duty: exemptions

Page 336 TITLE 10—ARMED FORCES § 246 (Added Pub. L. 103–337, div. A, title XVI, § 1661(a)(2)(B), Oct. 5, 1994, 108 Stat. 2980, § 261; re- numbered § 241, Pub. L. 114–328, div. A, title XII, § 1241(a)(2), Dec. 23, 2016, 130 Stat. 2497.) Editorial Notes AMENDMENTS 2016—Pub. L. 114–328 renumbered section 261 of this title as this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Dec. 1, 1994, except as otherwise pro- vided, see section 1691 of Pub. L. 103–337, set out as a note under section 10001 of this title. CHAPTER 12—THE MILITIA Sec. 246. Militia: composition and classes. 247. Militia duty: exemptions. Editorial Notes AMENDMENTS 2016—Pub. L. 114–328, div. A, title XII, § 1241(a)(1), (o)(2), Dec. 23, 2016, 130 Stat. 2497, 2512, renumbered chapter 13 of this title ‘‘THE MILITIA’’ as chapter 12, redesignated item 311 ‘‘Militia: composition and class- es’’ as item 246, and redesignated item 312 ‘‘Militia duty: exemptions’’ as item 247. § 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 mem- bers of the National Guard or the Naval Mili- tia. (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.) HISTORICAL AND REVISION NOTES 1956 ACT 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 ap- plicable to § 57 of the Act of June 3, 1916, ch. 134), 61 Stat. 192. In subsection (a), the words ‘‘who have made a dec- laration 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 pro- vided in section 313 of title 32’’ are substituted for the words ‘‘except as hereinafter provided’’, to make ex- plicit the exception as to maximum age. In subsection (b), the words ‘‘The organized militia, which consists of the National Guard and the Naval Mi- litia’’ are substituted for the words ‘‘the National Guard, the Naval Militia’’, since the National Guard and the Naval Militia constitute the organized militia. 1958 ACT 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 section 4 of this title’’ are omitted as surplusage. Editorial Notes AMENDMENTS 2016—Pub. L. 114–328 renumbered section 311 of this title as this section. 1993—Subsec. (a). Pub. L. 103–160 substituted ‘‘mem- bers’’ for ‘‘commissioned officers’’. 1958—Subsec. (a). Pub. L. 85–861 included female citi- zens of the United States who are commissioned offi- cers of the National Guard. § 247. Militia duty: exemptions (a) The following persons are exempt from mi- litia duty: (1) The Vice President. (2) The judicial and executive officers of the United States, the several States, the Com- monwealth of Puerto Rico, Guam, and the Vir- gin Islands. (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) Workmen employed in armories, arsenals, 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 hold- ing of that belief is established under such regu- lations as the President may prescribe. How- ever, such a person is not exempt from militia duty that the President determines to be non- combatant. (Aug. 10, 1956, ch. 1041, 70A Stat. 15, § 312; Pub. L. 100–456, div. A, title XII, § 1234(a)(3), Sept. 29, 1988, 102 Stat. 2059; Pub. L. 109–163, div. A, title X, § 1057(a)(7), Jan. 6, 2006, 119 Stat. 3441; renum- bered § 247, Pub. L. 114–328, div. A, title XII, § 1241(a)(2), Dec. 23, 2016, 130 Stat. 2497.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 312(a) ...... 312(b) ...... 32:3 (less last 67 words). 32:3 (last 67 words). June 3, 1916, ch. 134, § 59, 39 Stat. 197. In subsection (a), the words ‘‘Members of the armed forces’’ are substituted for the words ‘‘persons in the military or naval service’’. The words ‘‘except members who are not on active duty’’ are inserted to reflect an opinion of the Judge Advocate General of the Army Page 337 TITLE 10—ARMED FORCES § 252 1 Items numbered 251 to 254 also appear in the analysis for chapter 9A of this title. (JAGA 1952/4374, 9 July 1952). The word ‘‘artificers’’ is omitted as covered by the word ‘‘workmen’’. The words ‘‘naval shipyards’’ are substituted for the words ‘‘navy yards’’ to reflect modern terminology. The words ‘‘on navigable waters’’ are inserted to preserve the original coverage of the word ‘‘pilots’’. The words ‘‘actually’’ and ‘‘without regard to age’’ are omitted as surplusage. Editorial Notes AMENDMENTS 2016—Pub. L. 114–328 renumbered section 312 of this title as this section. 2006—Subsec. (a)(2). Pub. L. 109–163 substituted ‘‘States, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands’’ for ‘‘States and Territories, and Puerto Rico’’. 1988—Subsec. (a)(2). Pub. L. 100–456 substituted ‘‘and Puerto Rico’’ for ‘‘Puerto Rico, and the Canal Zone’’. CHAPTER 13—INSURRECTION Sec. 251.1 Federal aid for State governments. 252.1 Use of militia and armed forces to enforce Federal authority. 253.1 Interference with State and Federal law. 254.1 Proclamation to disperse. 255. Guam and Virgin Islands included as ‘‘State’’. Editorial Notes PRIOR PROVISIONS A prior chapter 13, consisting of sections 311 and 312, was renumbered chapter 12, and sections 311 and 312 were renumbered sections 246 and 247, respectively. AMENDMENTS 2016—Pub. L. 114–328, div. A, title XII, § 1241(a)(1), (o)(2), Dec. 23, 2016, 130 Stat. 2497, 2512, renumbered chapter 15 of this title ‘‘INSURRECTION’’ as chapter 13, redesignated item 331 ‘‘Federal aid for State govern- ments’’ as item 251, redesignated item 332 ‘‘Use of mili- tia and armed forces to enforce Federal authority’’ as item 252, redesignated item 333 ‘‘Interference with State and Federal law’’ as item 253, redesignated item 334 ‘‘Proclamation to disperse’’ as item 254, and redesig- nated item 335 ‘‘Guam and Virgin Islands included as ‘State’ ’’ as item 255. 2008—Pub. L. 110–181, div. A, title X, § 1068(a)(3), (4)(A), Jan. 28, 2008, 122 Stat. 325, substituted ‘‘INSURREC- TION’’ for ‘‘ENFORCEMENT OF THE LAWS TO RE- STORE PUBLIC ORDER’’ in chapter heading, added item 333, and struck out former item 333 ‘‘Major public emergencies; interference with State and Federal law’’. 2006—Pub. L. 109–364, div. A, title X, § 1076(a)(3), (4)(B), Oct. 17, 2006, 120 Stat. 2405, substituted ‘‘ENFORCE- MENT OF THE LAWS TO RESTORE PUBLIC ORDER’’ for ‘‘INSURRECTION’’ in chapter heading and ‘‘Major public emergencies; interference with State and Fed- eral law’’ for ‘‘Interference with State and Federal law’’ in item 333. 1980—Pub. L. 96–513, title V, § 511(11)(C), Dec. 12, 1980, 94 Stat. 2921, added item 335. § 251. Federal aid for State governments Whenever there is an insurrection in any State against its government, the President may, upon the request of its legislature or of its gov- ernor if the legislature cannot be convened, call into Federal service such of the militia of the other States, in the number requested by that State, and use such of the armed forces, as he considers necessary to suppress the insurrection. (Aug. 10, 1956, ch. 1041, 70A Stat. 15, § 331; renum- bered § 251, Pub. L. 114–328, div. A, title XII, § 1241(a)(2), Dec. 23, 2016, 130 Stat. 2497.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 331 .......... 50:201. R.S. 5297. The words ‘‘armed forces’’ are substituted for the words ‘‘land or naval forces of the United States’’. The word ‘‘governor’’ is substituted for the word ‘‘execu- tive’’. The word ‘‘may’’ is substituted for the words ‘‘it shall be lawful * * * to’’. The words ‘‘into Federal serv- ice’’ are substituted for the word ‘‘forth’’ for uni- formity and clarity. Editorial Notes CODIFICATION Another section 251 was renumbered section 240a of this title. AMENDMENTS 2016—Pub. L. 114–328 renumbered section 331 of this title as this section. § 252. Use of militia and armed forces to enforce Federal authority Whenever the President considers that unlaw- ful obstructions, combinations, or assemblages, or rebellion against the authority of the United States, make it impracticable to enforce the laws of the United States in any State by the or- dinary course of judicial proceedings, he may call into Federal service such of the militia of any State, and use such of the armed forces, as he considers necessary to enforce those laws or to suppress the rebellion. (Aug. 10, 1956, ch. 1041, 70A Stat. 15, § 332; Pub. L. 109–163, div. A, title X, § 1057(a)(2), Jan. 6, 2006, 119 Stat. 3440; renumbered § 252, Pub. L. 114–328, div. A, title XII, § 1241(a)(2), Dec. 23, 2016, 130 Stat. 2497.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 332 .......... 50:202. R.S. 5298. 50:202 (last 22 words) is omitted as surplusage. The words ‘‘armed forces’’ are substituted for the words ‘‘land and naval forces of the United States’’. The words ‘‘call into Federal service such of the militia’’ are substituted for the words ‘‘call forth the militia of any or all the States’’ for clarity and uniformity. The word ‘‘may’’ is substituted for the words ‘‘it shall be lawful’’. The words ‘‘faithful execution of the’’ and ‘‘in whatever State or Territory thereof the laws of the United States may be forcibly opposed’’ are omitted as surplusage. DERIVATION Act July 29, 1861, ch. 25, § 1, 12 Stat. 281. Editorial Notes CODIFICATION Another section 252 was renumbered section 240b of this title. AMENDMENTS 2016—Pub. L. 114–328 renumbered section 332 of this title as this section.