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.