39-1-1 - Militia -- How constituted -- Persons exempted.
39-1-1. Militia -- How constituted -- Persons exempted.
(1) All able-bodied citizens, and all able-bodied persons of foreign birth who havedeclared their intention to become citizens, who are 18 years of age or older and younger than 45years of age, who are residents of this state, constitute the militia, subject to the followingexemptions:
(a) persons exempted by laws of the United States;
(b) persons exempted by the laws of this state;
(c) all persons who have been honorably discharged from the army, air force, navy, orvolunteer forces of the United States;
(d) active members of any regularly organized fire or police department in any city ortown, but no member of the active militia is relieved from duty because of his joining anyvolunteer fire company or department;
(e) judges and clerks of courts of record, state and county civil officers holding office byelection, state officers appointed by the governor for a specified term of office, ministers of thegospel, practicing physicians, superintendents, officers and assistants of hospitals, prisons andjails, conductors, brakemen, flagmen, engineers and firemen of railways, and all other employeesof railways actually employed in train service; and
(f) idiots, lunatics, and persons convicted of infamous crime.
(2) All exempted persons, except those enumerated in Subsections (1)(a) through (f), areliable to military duty in case of war, insurrection, invasion, tumult, riot, or public disaster, orimminent danger of any of these, or after they have voluntarily enlisted in the National Guard ofthis state.
Amended by Chapter 324, 2010 General Session