The militia is composed of the organized and the unorganized militia.

A. The organized militia is the national guard and the standing cadre of the state defense force and such parts of the unorganized militia when and as may be activated, enrolled or enlisted into the national guard or into the state defense force.

B. The unorganized militia is comprised of all able-bodied male citizens of the state and all other able-bodied males who have or shall have declared their intentions to become citizens of the United States and are residents of the state who are not less than eighteen or more than forty-five years of age, but who shall not be more than sixty-four years of age if they shall have earlier served in or retired from the national guard; subject to the following exceptions:

(1) persons exempted by the laws of the United States from federal military service;

(2) persons who are engaged in civilian occupations which are deemed by the governor to be of greater public service or necessity than would be their service in the militia if called into active service of the state;

(3) persons who have received dismissal, a dishonorable discharge, a bad conduct discharge, an undesirable discharge or a discharge under other than honorable conditions from any military component; and

(4) persons in active federal military service or retired military members subject to federal recall to active military service.

C. The adjutant general may prescribe plans by regulation for the orderly activating and detailing of the unorganized militia and its members, to include mission analysis and personnel classification. Enrollment or enlistment of members of the unorganized militia may be into the national guard, subject to federal criteria, or into the state defense force, as determined by the governor.

D. The governor may authorize the voluntary appointment or voluntary enlistment of female citizens of the state into any military occupational specialty or career field of the branches and services of the organized militia that is consistent with current federal department of defense policy and while so serving they shall have the same status as male members.

History: 1978 Comp., § 20-2-2, enacted by Laws 1987, ch. 318, § 9; 2017, ch. 43, § 1.

Repeals and reenactments. — Laws 1987, Chapter 318 repealed former 20-2-2 NMSA 1978, as enacted by Laws 1925, ch. 113, § 2, and enacted a new section, effective April 10, 1987.

The 2017 amendment, effective June 16, 2017, authorized women to serve in any position of the organized militia; and in Subsection D, after "female citizens of the state into", deleted "the noncombat" and added "any military occupational specialty or career field of the", and after "services of the organized militia", added "that is consistent with current federal department of defense policy".

Legislative intent. — The constitution makers did not say that the legislature should organize the militia, but mandated them to provide for the organization of the militia, and the legislature, by this chapter (Laws 1925, ch. 113), has declared its legislative policy of establishing a militia. State ex rel. Charlton v. French, 1940-NMSC-010, 44 N.M. 169, 99 P.2d 715.

Enlistment generally. — A voluntary enlistment is a contractual relationship between the person enlisting and the state. It is a contract which, in effect, changes the status of the party enlisting. 1955 Op. Att'y Gen. No. 55-6315.

When guard part of United States armed forces. — New Mexico national guard is included as a part of the armed forces of the United States only during a period of federal service. 1959 Op. Att'y Gen. No. 59-18.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 53 Am. Jur. 2d Military, and Civil Defense §§ 3, 7, 29 et seq., 40, 64, 70.

Military service as basis of discrimination as to taxation or licenses, 83 A.L.R. 1231.

Selective training and service acts, 129 A.L.R. 1171, 147 A.L.R. 1313, 148 A.L.R. 1388, 149 A.L.R. 1457, 150 A.L.R. 1420, 151 A.L.R. 1456, 152 A.L.R. 1452, 153 A.L.R. 1422, 154 A.L.R. 1448, 155 A.L.R. 1452, 156 A.L.R. 1450, 157 A.L.R. 1450, 158 A.L.R. 1450.

Soldiers' and sailors' relief acts, 130 A.L.R. 774, 147 A.L.R. 1366, 148 A.L.R. 1395, 149 A.L.R. 1463, 150 A.L.R. 1428, 151 A.L.R. 1460, 152 A.L.R. 1457, 153 A.L.R. 1429, 154 A.L.R. 1455, 155 A.L.R. 1456, 156 A.L.R. 1455, 157 A.L.R. 1454, 158 A.L.R. 1456.

Injury or damage to person or property as result of "black-out," liability for, 136 A.L.R. 1327, 147 A.L.R. 1442, 148 A.L.R. 1401, 150 A.L.R. 1448, 153 A.L.R. 1433, 154 A.L.R. 1459, 155 A.L.R. 1458, 158 A.L.R. 1463.

Minors, enlistment or mustering of, 137 A.L.R. 1467, 147 A.L.R. 1311, 151 A.L.R. 1455, 153 A.L.R. 1420, 155 A.L.R. 1451, 157 A.L.R. 1449.

Civil and criminal liability of soldiers, sailors, and militiamen, 141 A.L.R. 1526.

Validity of governmental requirement of oath of allegiance or loyalty, 18 A.L.R.2d 268.

Construction and effect of soldiers' bonus laws, 22 A.L.R.2d 1134.

Privacy, right of privacy of military personnel, 57 A.L.R.3d 16.

6 C.J.S. Armed Services § 288 et seq.