Ch. 5

2003 LAWS OF MARYLAND

13-202. MEMBERSHIP; EXEMPTIONS; WAIVER OF EXEMPTIONS.

(A)     MEMBERSHIP.

EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION, THE MILITIA
CONSISTS OF ABLE-BODIED INDIVIDUALS WHO ARE:

(1)      CITIZENS OF THE STATE; OR

(2)      OF FOREIGN BIRTH AND WHO:

(I)      ARE RESIDENTS OF THE STATE; AND

(II)     HAVE DECLARED THEIR INTENTION TO BECOME CITIZENS OF
THE STATE.

(B)     EXEMPTIONS.

SUBJECT TO SUBSECTION (C) OF THIS SECTION, AN INDIVIDUAL IS EXEMPT
FROM SUBSECTION (A) OF THIS SECTION IF THE INDIVIDUAL:

(1)      IS EXEMPTED BY THE LAWS OF THE UNITED STATES;

(2)      IS EXEMPTED BY THE LAWS OF THE STATE;

(3)      IS A MEMBER OF A REGULARLY ORGANIZED FIRE OR POLICE
DEPARTMENT IN A COUNTY, CITY, VILLAGE, OR TOWN;

(4)      IS A JUDGE OR CLERK OF A COURT OF RECORD;
- (5) IS A REGISTER OF WILLS AND DEEDS;

(6)      IS A SHERIFF;

(7)      IS A MEMBER OF THE CLERGY;

(8)      IS A PRACTICING PHYSICIAN;

(9)      IS A SUPERINTENDENT, OFFICER, OR ASSISTANT OF A HOSPITAL OR
CORRECTIONAL FACILITY;

(10)    HAS BEEN JUDGED MENTALLY INCOMPETENT;

(11)    IS ADDICTED TO NARCOTIC DRUGS; OR

(12)    HAS BEEN CONVICTED OF AN INFAMOUS CRIME.

(C)     WAIVER OF EXEMPTIONS.

AN INDIVIDUAL EXEMPTED UNDER SUBSECTION (B)(3) THROUGH (12) OF THIS
SECTION SHALL BE AVAILABLE FOR MILITARY DUTY IN CASE OF WAR,
INSURRECTION, OR INVASION, OR WHEN THE DANGER OF WAR, INSURRECTION, OR
INVASION IS IMMINENT.

REVISOR'S NOTE: This section is new language derived without substantive
change from the first and second sentences of former Art. 65, § 1.

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