The militia of the United States consists of all able-bodied males at least 17 years of age and under 45 years of age, or under 64 years of age and former members of the Regular Army, Regular Navy, Regular Air Force, or Regular Marine Corps, 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.

The classes of the militia are the organized militia, which consists of the National Guard and the Naval Militia; and the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia.

-10 U.S.C. § 311, 32 U.S.C. § 313