Can militia members be drafted into the military?

[BSEagle1]

I'm just wondering...
If you are officially in a state militia, and the US Gov't calls up a draft, are you elligible for the draft, or would already being in a military (For the most part) orginization keep you covered from it?
Looked on Google already, got nuttin.

 

[stormbv]

I don't know, but I would think you would stay in the militia (National Guard?).

 

[Feldenak]

If you are in a state sponsored militia, I would think the federal government would federalize your unit before reinstating the draft.

 

[Scootin159]

http://www.howstuffworks.com has something on that 🙂.

 

[Heisenberg]

Isn't the state militia the National Guard?

 

[BSEagle1]

No I'm pretty sure a state militia is seperate from the National Guard. They are solely for the defense of the parent state, the members live in the defense of the state. The National Guard I believe also helps during disasters and such, and is also held as the army reserve. Atleast I believe that's how it works.

Scootin159: Checkin the link, thanks.

 

[BSEagle1]

Scootin, I can't find anything there...can I get a direct link plz?

 

[Scootin159]

Originally posted by: BSEagle1
Scootin, I can't find anything there...can I get a direct link plz?

http://people.howstuffworks.com/us-draft.htm

More specifically:

http://people.howstuffworks.com/us-draft3.htm

 

[Cyberian]

I think State Militias are considered "unorganized militias", and as such have no legal status as to a Military Draft.

 

[Ylen13]

it dont' matter just claim your religion dont' allow you to go to war and they willl let you go

 

[Tsaico]

Or say you are openly gay...

 

[Schadenfroh]

lets start an AT Militia!

 

[DanJ]

Originally posted by: Ylen13
it dont' matter just claim your religion dont' allow you to go to war and they willl let you go

This has to be "proven" supposedly. Like your life up to that point has to reflect the claim...

I believe I read this somewhere.

 

[Aceshigh]

There is the Army Reserves, and then there is the National Guard. The National Guard is organized by state. Therefore they are referred to here as the Texas National Guard.

It used to be that National Guardsmen weren't sent overseas, but now they are regularly deployed overseas along with the Reserves and the regular military.

 

[Amused]

UNITED STATES CODE
TITLE 10 - ARMED FORCES
Subtitle A - General Military Law
PART I - ORGANIZATION AND GENERAL MILITARY POWERS
CHAPTER 13 - THE MILITIA

§ 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 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 members of the National Guard or the Naval Militia.