From: barksdaf@infonode.ingr.com (Alan F. Barksdale)
Subject: Re: The guns of roston (wa
Organization: Intergraph Corporation, Huntsville, AL.
Date: Mon, 9 Nov 1992 19:31:37 GMT

In article <721037102.2@wyrm.rbbs-net.ORG> Rick.Moen@f207.n914.z8.rbbs-net.ORG (Rick Moen) writes:
[...]
>I'm rather dim, and they might be right.  However, I'm not quite so 
>mentally deficient, nor quite so gullible, as to believe that young male
>Yanks constitute a WELL-REGULATED militia (emphasis of the crucial
>phrase added, of course) in any _meaningful_ sense of the term.  As I 
[...]

Perhaps Mr. Moen missed my earlier posting.  As I wrote I could, I supply the
relevant section of the U.S. Code as given by Jeff Chan:

Date: Mon, 25 Feb 91 00:38:02 PST
From: ingr!uunet!corp.portal.com!chan (Jeff Chan)
To: firearms-politics@cis.ohio-state.edu
Subject: Re:  date of adoption of title 10, section 311 of the US Code

I will not type in the full revision history, but it appears that
10USC311 sections a and b were first drawn from statues at large
in June 1916.  There was a revision in 1956, mostly a language clean
up in both sections.  There was an amendment in 1958 to add females
who were also commissioned National Guard officers.  I'm not a lawyer
so I can't guarantee tham I'm reading the revision history correctly.
Read the law books yourself.

Here is an earlier posting of mine on the subject:
-----
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.

Jeff C.
Internet: chan@corp.portal.com
Usenet:   {apple,pyramid,claris,mips,atari,hoptoad}!portal!chan
I am a guest at Portal.  Any opinions expressed are mine.
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