The Mudcat Café TM
Thread #110179 Message #2310189
Posted By: GUEST
08-Apr-08 - 12:36 PM
Thread Name: BS: Debate: NRA good or Evil?
Subject: RE: BS: Debate: NRA good or Evil?
"Slag, I am reasonably familiar with the Constitution; a copy of it sits on my desk. Please point out the Article and Section that includes that language. As for the relative level of education, perhaps if there were not several extraneous commas in the Second Amendment this disagreement would have never begun."
He is incorrect that its in the Constitution. It is in fact in US statute Law as Title 10 United States Code Section 311. Here is a copy of the exact wording of the Statute. 10 USC 311(b)2 is the section that refers to what Slag is refering to. 10 USC 311(a) refers to the age of service clause.
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.