38A:1-1 Definitions.

38A:1-1. The following definitions apply to this Title:

(a) "Militia" means all the military forces of this State, whether organized, or active or inactive.

(b) "National Guard" means the Army National Guard and the Air National Guard.

(c) "Army National Guard" means that part of the organized militia that is a land force, is trained and has its officers appointed under the 16th clause of section 8, Article I of the Constitution of the United States, is organized, armed and equipped wholly or partly at Federal expense, and is Federally recognized.

(d) "Army National Guard of the United States" is the reserve component of the Army of the United States all of whose members are members of the Army National Guard.

(e) "Air National Guard" means that part of the organized militia that is an air force, is trained and has its officers appointed under the 16th clause of section 8, Article I, of the Constitution of the United States, is organized, armed and equipped wholly or partly at Federal expense, and is Federally recognized.

(f) "Air National Guard of the United States" means the reserve component of the Air Force of the United States all of whose members are members of the Air National Guard.

(g) "Armed forces" means the land, air and sea forces established by State or Federal laws, as applicable.

(h) "Military" means any part of or all of the armed forces.

(i) "Active duty" means duty in the active military service.

(j) "Active duty for training" means duty in the active military service for training purposes.

(k) "Inactive duty training" means duty performed by a member of the organized militia other than active duty or active duty for training.

(l) "Officer" means commissioned officer or warrant officer.

(m) "Grade" means a step or degree, in a graduated field of office or military rank, that is established and designated as a grade by law or regulation.

(n) "Rank" means the order of precedence among members of the armed forces.

(o) "Permanent duty status" means full-time employment of a member of the organized militia ordered to active duty by the Governor to serve in the Department of Military and Veterans' Affairs.

(p) "Shall" is used in an imperative sense.

(q) "Will" is used in a permissive sense.

(r) "Regulations" means the rules and regulations on the governing and training of the militia.

(s) "Federal service" means duty in the active service of the United States.

(t) "Armory" means any building or training installation utilized by the organized militia.

L.1963, c.109; amended 1988, c.138, s.1; 2001, c.351, s.2.