Section 38-2-3. Division and composition of militia; membership of unorganized militia

   (a) The militia of the state shall be divided into the organized militia, the state reserve list, the state retired list, and the unorganized militia.

(b) The organized militia shall be composed of:

   (1) An Army National Guard and an Air National Guard which forces, together with an inactive National Guard, when such is authorized by the laws of the United States and regulations issued pursuant thereto, shall comprise the Georgia National Guard;

   (2) The Georgia Naval Militia whenever such a state force shall be duly organized; and

   (3) The State Defense Force whenever such a state force shall be duly organized.

(c) The state reserve list and the state retired list shall include the persons who are lawfully carried thereon and such persons as may be transferred thereto or placed thereon by the Governor in accordance with this chapter.

(d) Subject to such exemptions from military duty as are created by the laws of the United States, the unorganized militia shall consist of all able-bodied male residents of the state between the ages of 17 and 45 who are not serving in any force of the organized militia or who are not on the state reserve list or the state retired list and who are, or who have declared their intention to become, citizens of the United States.

Ga. L. 1916, p. 158, §§ 1, 3, 4; Code 1933, §§ 86-201, 86-209, 86-301, 86-401; Ga. L. 1951, p. 311, § 3; Ga. L. 1955, p. 10, § 4; Ga. L. 1985, p. 356, § 2.