Indiana Militia Laws


 

Per the constitution and codes of the state of Indiana, two state militias exist, the National Guard and the sedentary militia. All able bodied adults who are not active in the National Guard are by default members of the sedentary militia.

The term "sedentary" does not mean idle, but permanently attached. Members of the National Guard can be sent anywhere in the world, the sedentary militia cannot. Our primary function is the defense of the people and the state of Indiana against all enemies both foreign and domestic.

 
 
State Constitutional laws and codes

ARTICLE 12. Militia

Section 1. Composition

Section 1. A militia shall be provided and shall consist of all persons over the age of seventeen (17) years, except those persons who may be exempted by the laws of the United States or of this state. The militia may be divided into active and inactive classes and consist of such military organizations as may be provided by law.

(History: As Amended November 3, 1936; November 5, 1974).

Section 2. Commander-in-chief

Section 2. The Governor is Commander-in-Chief of the militia and other military forces of this state.

(History: As Amended November 5, 1974).

Section 3. Adjutant general

Section 3. There shall be an Adjutant General, who shall be appointed by the Governor.

(History: As Amended November 5, 1974).

Section 4. Conscientious objectors

Section 4. No person, conscientiously opposed to bearing arms, shall be compelled to do so in the militia.

(History: As Amended November 5, 1974).

Section 5. Repealed November 5, 1974

Section 6. Repealed November 5, 1974

 

IC 10-16-6

Chapter 6. Organization and Personnel

IC 10-16-6-1

Age of personnel

Sec. 1. Under Article 12, Section 1 of the Constitution of the State of Indiana, the militia consists of all persons who are at least eighteen (18) years of age except those persons who are exempted by the laws of the United States or of Indiana.

As added by P.L.2-2003, SEC.7. Amended by P.L.115-2003, SEC.17.

IC 10-16-6-2

Classes of militia

Sec. 2. The militia shall be divided into two (2) classes, the sedentary militia and the national guard, as follows:

(1) The sedentary militia consists of all persons subject to bear arms under the Constitution of the State of Indiana who do not belong to the national guard.

(2) The national guard consists of those able-bodied citizens between the proper ages as established by this article who may be enrolled, organized, and mustered into the service of the state as provided in this article. The organized militia of the state constitutes and shall be known as the Indiana national guard.