§ 2. Militia of the state; division and composition. 1. The militia of the state shall be divided into the organized militia, the state reserve list, the state retired list and the unorganized militia. The organized militia shall be composed of the New York army national guard; the New York air national guard; the inactive national guard; the New York naval militia; the New York guard whenever such a state force shall be duly organized and such additional forces as may be created by the governor.

2. The unorganized militia shall consist of all able-bodied male residents of the state between the ages of seventeen and forty-five 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, subject, however, to such exemptions from military duty as are created by the laws of the United States.

3. The state reserve list and the state retired list shall include the persons who are lawfully carried thereon on the effective date of this act and such persons who may be transferred thereto or placed thereon by the governor in accordance with the provisions of this chapter.

4. The terms "organized militia," "all or any part of the organized militia," "organized militia or any part thereof" and "organized militia or any force thereof," whenever used in this chapter, unless a different meaning is plainly required by the context, shall be deemed to include any unit, command, component, element, headquarters, staff or cadre thereof as well as any member or members.