Tennessee § 58-1-104 - Military forces — Division and composition.

§ 58-1-104. Military forces — Division and composition.

The military forces of the state, in conformity with the Constitution of Tennessee, shall be divided into three (3) parts, as follows: the army, the navy and the militia. The army shall be composed of an army national guard and an air national guard, which forces, together with an inactive national guard, when such is authorized by the laws of the United States and regulations issued pursuant thereto, shall comprise the Tennessee national guard; and the Tennessee state guard, whenever such a state force shall be duly organized, and its reserve. The navy shall consist of such naval or sea forces as may be duly organized. The militia shall consist of all able-bodied male citizens who are residents of this state and between eighteen (18) and forty-five (45) years of age and who are not members of the army or navy as hereinabove defined, and who may not otherwise be exempted by the laws of this state or the United States. Acts 1970, ch. 596, § 3; T.C.A., § 7-104; Acts 1985, ch. 36, §§ 13, 14; 1998, ch. 584, § 1. Cross-References. Air national guard, § 58-1-204 . Army national guard, § 58-1-203 . Defense force, title 58, ch. 1, part 4. Militia, Tenn. Const., art. I, §§ 24, 25; art. VIII. National guard, §§ 58-1-105 — 58-1-235 . Performance of military duty, Tenn. Const., art. I, § 28; art. IV, § 1. Priority on wait list of children with parent or guardian serving on active duty in armed forces, § 71-3-518 . Transfer of militia to national guard after call to active service, § 58-1-305 . Attorney General Opinions. When activated by the governor to active state duty and operating in the course of that duty, the Tennessee state guard constitutes an arm of the state and enjoys the sovereign immunity of the state of Tennessee; thus, if monthly drills and training opportunities are in the course of active duty, the state guard, under the order, control and supervision of the governor, is immune from suit, OAG 02-011 (1/10/02).