WHAT IS THE MILITIA?
A Presentation by
W.  L. GLADISH OF GLADISH & ASSOCIATES
10003 Cabanas Avenue, Tujunga CA. 91042
1992

The question “What is the Militia?” has been posed ever since the term ‘Militia’ was intro- duced into the Second Amendment. In that context, George Mason, of Virginia, is reported to have said: “I ask, sir, what is the Militia? It is the whole people, except for a few public officials.” In current times, the Militia is frequently defined as the National Guard, or non- existent. Let us now examine the law of the land for a current definition.

UNITED STATES CODE ANNOTATED

TITLE 10, CHAPTER 1

   §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, citizens of the United States and female citizens of the United States who are com­missioned officers 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.

THE MILITIA ACT OF 1792

Enrolled all able-bodied white males in the Militia and required them to own arms.

WEST’S ANNOTATED CALIF. CODE

MILITARY AND VETERANS CODE

   §122. The Militia of the State consists of all able—bodied male citizens and all other able-bodied males who have declared their intention to become citizens of the Unit­ed States, who are between the ages of 18 and 45, and who are residents of the state, and of such other persons as may upon their own application be enlisted or commissioned therein pursuant to the provisions of this division, subject, however, to such exemptions as now exist or may be hereafter created by the laws of the United States or of this State.

SUPREME COURT RULING

U.S. VS MILLER, 1939

“The militia comprised all males physically capable of acting in concert for the common defense.... Ordinarily when called for service these men were expected to appear bearing arms supplied by themselves and of the kind in common use at the time.”



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