Actually, from a legal standpoint, always try to get away from and stay away from the entire Militia concept.
Had the second amendment simply said “The right of the people to keep and bear Arms, shall not be infringed” we would never have given out opponents the ability to claim that people at home are not a “well-regulated militia”
I never want the National Guard to be considered the “organized militia” or some group of 18 to 45 year-olds a militia of any kind. If that is true, we open the avenue for a rather persuasive legal argument that anyone not a member of those two groups does not have a Constitutional right to “keep and bear arms.”
If legislation makes the NG the organized militia, then other legislation can make it NOT the militia.
The chickens are out of the coop on that.
United States:
10 USC 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.
http://uscode.house.gov/view.xhtml?req=militia&f=treesort&fq=true&num=5&hl=true&edition=prelim&granuleId=USC-prelim-title10-section311#
Florida:
The 2016 Florida Statutes
Title XVII
MILITARY AFFAIRS AND RELATED MATTERS
Chapter 250
MILITARY AFFAIRS
View Entire Chapter
250.02 Militia.—
(1) The militia consists of all able-bodied citizens of this state and all other able-bodied persons who have declared their intention to become citizens.
(2) The organized militia is composed of the National Guard and any other organized military forces that are authorized by law.
(3) The unorganized militia is composed of all persons who are subject to military duty but who are not members of units of the organized militia.
(4) Only persons exempt from military duty by the terms of federal law are exempt from military duty in this state.
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0200-0299/0250/Sections/0250.02.html
Ohio:
Chapter 5923: ORGANIZED MILITIA
5923.01 State militia membership - limitation of troops.
(A) The Ohio organized militia consist of all citizens of the state who are not permanently handicapped, as handicapped is defined in section 4112.01 of the Revised Code, who are more than seventeen years, and not more than sixty-seven years, of age unless exempted as provided in section 5923.02 of the Revised Code, and who are members of one of the following:
(1) The Ohio national guard;
(2) The Ohio naval militia;
(3) The Ohio military reserve.
(B) The Ohio national guard, including both the Ohio air national guard and the Ohio army national guard, the Ohio naval militia, and the Ohio military reserve are known collectively as the Ohio organized militia.
(C) The Ohio naval militia and the Ohio military reserve are known collectively as the state defense forces.
(D) The unorganized militia consists of those citizens of the state as described in division (A) of this section who are not members of the Ohio organized militia.
(E) No troops shall be maintained in time of peace other than as authorized and prescribed under the "Act of August 10, 1956," 70A Stat. 596, 32 U.S.C.A. 101 to 716. This limitation does not affect the right of the state to the use of its organized militia within its borders in time of peace as prescribed by the laws of this state. This section does not prevent the organization and maintenance of police.
http://codes.ohio.gov/orc/5923
"If legislation makes the NG the organized militia, then other legislation can make it NOT the militia."
What would you call it then?