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Missouri Revised Statutes Chapter 41 Military Forces Section 41.050.1

41.050. The militia of the state shall include all able-bodied citizens and all other able-bodied residents, who, in the case of the unorganized militia and the Missouri reserve military force, shall be more than seventeen years of age and not more than sixty-four, and such other persons as may upon their own application be enrolled or commissioned therein, and who, in the case of the organized militia, shall be within the age limits and possess the physical and mental qualifications prescribed by law or regulations for the reserve components of the Armed Forces of the United States, except that this section shall not be construed to require militia service of any persons specifically exempted by the laws of the United States or the state of Missouri. The maximum age requirement may be waived by the adjutant general on a case-by-case basis.

 

Mo.Rev.Stat.§ 41.070. Organized and Unorganized Militia

1. The militia of the state is divided into two classes, the organized militia and the unorganized militia. 2. The organized militia shall consist of the following:

 

(1) Such elements of the land and air forces of the National Guard of the United States as are allocated to the state by the President or the Secretary of Army or Air, and accepted by the state, hereinafter to be known as the National Guard and the Air National Guard;

 

(2) Such elements of the reserve naval forces of the United States as are allocated to the state by the President or the Secretary of the Navy, and accepted by the state, hereinafter called the Naval Militia; and the

 

(3) Missouri Reserve Military Force, when organized.

3. The Unorganized Militia shall consist of all persons liable to serve in the militia but not commissioned or enlisted in the organized militia.

 

MARTIAL LAW

Mo.Rev.Stat.§ 41.480. Organized Militia When Called to Duty – Martial Law.

1. The governor may, when in his opinion the circumstances so warrant, call out the organized militia or any portion or individual thereof to execute the laws, suppress actual and prevent threatened insurrection and repel invasion. The governor, if in his judgment the maintenance of law and order will thereby be promoted, may by proclamation declare martial law throughout the state or any part thereof.

 

2. The governor may, when in his opinion circumstances so warrant, call out the organized militia or any portion thereof as he deems necessary to provide emergency relief to a distressed area in the event of earthquake, flood, tornado or other actual or threatened public catastrophe creating conditions of distress or hazard to public health and safety beyond the capacities of local or other established agencies.

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Mt.Code.An. § 10-1-102. Powers and Duties of Department of Military Affairs.

Under the direction of the governor, the department shall:

(1) keep a roster of all officers and enlisted persons of the militia of this state whether active, inactive, or retired;

(2) supervise, administer, and coordinate civil defense and disaster control activities;

(3) recruit, mobilize, administer, train, discipline, equip, and supply the organized militia;

(4) maintain the archives and keep the records and documents required by law or regulation to be filed with the United States department of defense;

(5) establish and maintain the headquarters required for the militia;

(6) exercise the powers vested in it and perform any other duty and function required of it by the governor and by federal and state laws and regulations.

 

Mt.Code.An. § 10-1-103. Classes of Militia.

The classes of the militia are:

(1) the organized militia, which consists of the National Guard and the Montana Home Guard;

(2) the Unorganized Militia, which consists of the members of the militia who are not members of the organized militia.

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Nebraska Revised Statute 55-105

55-105.

Militia; classes, defined.

The militia of this state shall be divided into two classes, the active and the reserve militia. The active militia shall consist of the organized and uniformed military forces of the state, which shall be known as the Nebraska National Guard, which includes the Army National Guard and the Air National Guard. The reserve militia shall consist of all those liable to service in the militia, but not serving in the National Guard of this state.

 

Ne.Stat. § 55-212 Service Within State; Exceptions.

Such forces are not required to serve outside the boundaries of this state except (1) upon the request of the Governor of another state, in which case the Governor of this state may, in his discretion, order any portion or all of such forces to assist the military or police forces of such other state who are actually engaged in defending such other state; and such forces may be recalled by the Governor at his discretion; and (2) any organization, unit or detachment of such forces, upon order of the officer in immediate command thereof, may continue in fresh pursuit of insurrectionists, saboteurs, enemies or enemy forces beyond the borders of this state into another state until they are apprehended or captured by such organization, unit or detachment, or until the military or police forces of the other state or the forces of the United States have had a reasonable opportunity to take up the pursuit or to apprehend or capture such persons; PROVIDED, such other state shall have given authority by law for such pursuit by such forces of this state.

 

Ne.Stat. § 55-213 Fugitive; Apprehension in Another State; Duty.

Any such person who shall be apprehended or captured in such other state by an organization, unit or detachment of the forces of this state shall, without unnecessary delay, be surrendered to the military or police forces of the state in which he is taken or to the United States; but such surrender shall not constitute a waiver by this state of its right to extradite or prosecute such person for any crime committed in this state.

 

Ne.Stat. § 55-214 Fugitive to this State; Capture Authorized.

Any military forces or organization, unit or detachment thereof, of another state who are in fresh pursuit of insurrectionists, saboteurs, enemies or enemy forces, may continue such pursuit into this state until the military or police forces of this state or the forces of the United States have had a reasonable opportunity to take up the pursuit or to apprehend or capture such persons, and are hereby authorized to arrest or capture such persons within this state while in fresh pursuit.

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NEVADA

Nv.Rev.Stat. § 412.026 Composition of Militia.

1. The militia of the State is composed of the Nevada National Guard and, when called into active service by the Governor, the Nevada National Guard Reserve and any volunteer organizations licensed by the Governor.

 

2. The Nevada National Guard is an organized body of enlisted personnel between the ages of 17 and 64 years and commissioned officers between the ages of 18 and 64 years, divided into the Nevada Army National Guard and the Nevada Air National Guard.

 

3. The Nevada National Guard Reserve is an unorganized body comprising all able-bodied residents of the State between the ages of 17 and 64 years who:

 

(a) Are not serving in any force of the Nevada National Guard;

(b) Are or have declared their intention to become citizens of the United States; and

© Are not exempted from military duty under the laws of this state or the United States.

4. If a volunteer organization is formed and becomes licensed by the Governor, it shall consist of an organized body of able-bodied residents of

 

the State between the ages of 17 and 64 years who are not serving in any force of the Nevada National Guard and who are or who have declared their intention to become citizens of the United States.

 

NRS 412.128 Ordering National Guard Reserve or volunteer organization into active service; regulations.

1. Whenever the Governor deems it necessary in time of peace, he may call all or any part of the Nevada National Guard Reserve or volunteer organizations licensed by the Governor into active service to be organized pursuant to Office regulations to augment the Nevada National Guard as an internal security force.

 

2. In time of war, the Governor may call all or any part of the Nevada National Guard Reserve or volunteer organizations licensed by the Governor into active service to be organized pursuant to Office regulations to replace the Nevada National Guard as a state force when the Nevada National Guard is ordered into federal service.

 

3. Whenever laws of the United States authorize the organization of such state forces under federal recognition, the Governor or Adjutant General may promulgate such Office regulations as are necessary to comply with such federal laws and obtain federal recognition for the force authorized by this section.

Nv.Rev.Stat. § 412.038 Service of Nevada National Guard Outside State.

1. The Governor may order the Nevada National Guard or any part thereof to serve outside the borders of this state or of the United States in

 

order to perform military duty of every description and to participate in parades, reviews, conferences, encampments, maneuvers or other training, and to participate in small arms and other military competitions and to attend service schools.

 

2. The provisions of this chapter apply to the members of the Nevada National Guard while serving without the State and while going to and returning from such service without the State in like manner and to the same extent as while serving within the State.

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New Hampshire

COMPOSITION OF MILITIA

NH.Rev.Stat. § 110-B:1 Composition of the Militia. –

I. The militia shall be divided into 3 classes, namely the National Guard, the State Guard, and the Unorganized Militia.

II. The National Guard shall consist of an Army National Guard, an Air National Guard, and an Inactive National Guard. As used in this chapter, the term “National Guard’‘ shall mean and refer to the Army National Guard and the Air National Guard unless otherwise indicated.

III. The State Guard shall consist of those persons serving in accordance with the provisions of RSA 111.

IV. The unorganized militia shall consist of all able-bodied residents of the state who are 18 years of age or older, who are, or have declared their intention to become, citizens of the United States, and who are not serving in the National Guard or the State Guard.

V. When authorized by the laws and regulations of the United States, there shall be an additional section of the State Guard to be known as theNew Hampshire Naval Militia.

 

NH.Rev.Stat. § 110-B:5 Militia Call by the United States.

When the militia of the state is called forth under the constitution and laws of the United States, the governor shall order out for service the national guard or such part thereof as may be necessary; and if the number available be insufficient, the governor may call for and accept from the unorganized militia as many volunteers as are required for service in the national guard, or the governor may direct the members of the unorganized militia or such of them as may be necessary to be drafted into the national guard.

 

NH.Rev.Stat. § 110-B:6 Ordering National Guard Into Active State Service.

The governor shall have power, in case of invasion, disaster, insurrection, riot, breach of the peace, resistance to process of this state, or imminent danger thereof, or for the safety of the inhabitants of the state, to order into the active service of the state for such period, to such extent, and in such manner as the governor may deem necessary, all or any part of the national guard. Such power shall include the power to order the national guard or any part thereof to function under the operational control of the United States army, navy or air force commander in charge of the defense of any area within the state which is invaded or attacked or is or may be threatened with invasion or attack. The governor shall also permit paid and unpaid training and other state duty under such regulations as prescribed by the adjutant general.

 

NH.Rev.Stat. § 110-B:12 Service Without the State.

The governor may order the national guard or any part thereof to serve outside the borders of this state or of the United States in order to perform military duty of every description and to participate in parades, reviews, conferences, encampments, maneuvers or other training, and to participate in small arms and other military competitions and to attend service schools. The provisions of this chapter shall apply to members of the national guard while serving outside the state and while going to and returning from such service outside the state in like manner and to the same extent as while serving within the state.

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New Jersey

NJ.Stat. § 38A:1-3. Classes of Militia

The classes of the militia are:

(a) The organized militia, which consists of the National Guard, the Naval Militia and the State Guard; and

(b) The Unorganized Militia, which consists of the members of the militia who are not members of the organized militia.

 

NJ.Stat. § 38A:2-4. Militia Ordered to Active Duty in Certain Cases

The Governor may, in case of insurrection, invasion, tumult, riot, breach of the peace, natural disaster, or imminent danger to public safety, order to active duty all or any part of the militia that he may deem necessary. He may maintain such forces on such active duty until the exigencies shall have passed.

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New Mexico

NM.Stat.Ann. § 20-2-2. Militia Composition

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.

 

NM.Stat.Ann. § 20-2-5. Fresh pursuit.

A. In case the United States is at war or in case of any other emergency declared by the president or the congress of the United States or by the governor or the legislature of this state, any organization, unit or detachment of the military forces of this state by direction of the governor and upon order of the officer in immediate command thereof may continue in fresh pursuit of insurrectionists, saboteurs, perpetrators of felony, enemies or enemy forces beyond the borders of this state into another state of the United States until they are apprehended or captured by such organization, unit or detachment or until the military or police forces of such other state or the forces of the United States have had a reasonable opportunity to take up the pursuit or to apprehend or capture the persons pursued, provided such other state shall have given authority by law for such pursuit by such forces of this state. Except as otherwise provided by law, any person who shall be apprehended or captured in another state of the United States by any of the forces of this state shall without unnecessary delay be surrendered to the military or police forces of the state in which he is taken or to the United States, but such surrender shall not constitute a waiver by this state of its right to extradite or prosecute such person for any crime committed in this state.

 

B. Military forces of other states of the United States may enter this state. Any military forces of another state of the United States who are in fresh pursuit of insurrectionists, saboteurs, perpetrators of felony, enemies or enemy forces may continue such pursuit into this state until the military or police forces of this state or the forces of the United States have had a reasonable opportunity to take up the pursuit or to apprehend or capture the persons pursued and the pursuing forces may arrest or capture such persons within this state while in fresh pursuit. Any such person who shall be captured or arrested by the military forces of such other state while in this state shall without unnecessary delay be surrendered to the military or police forces of this state to be dealt with according to law.

 

C. This section shall not be construed so as to make unlawful any arrest in this state which would otherwise be lawful or to repeal or prevent the application of any of the provisions of the Uniform Act on Fresh Pursuit [31-2-1 to 31-2-7 NMSA 1978].

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New York

NYSCL MIL Art. 1 § 5. Militia Call by the United States.

When the militia of the state is called forth under the constitution and laws of the United States, the governor shall order out for service the organized militia or such part thereof as may be necessary, and if the number available be insufficient, the governor may call for and accept from the unorganized militia as many volunteers as are required for service in the organized militia or he may direct the members of the unorganized militia or such of them as may be necessary to be drafted into the organized militia.

 

NYSCL MIL Art. 1 § 6. Ordering Organized Militia into Active State Service.

1. The governor shall have power, in case of invasion, disaster, insurrection, riot, breach of the peace, or imminent danger thereof, to order into

 

the active service of the state for such period, to such extent and in such manner as he may deem necessary all or any part of the organized militia. Such power shall include the power to order the organized militia or any part thereof to function under the operational control of the United States army, navy or air force commander in charge of the defense of any area within the state which is invaded or attacked or is or may be threatened with invasion or attack.

 

2. Upon the request of the sheriff of a county, or in the county of Nassau the county executive or the mayor of a city, whenever it shall be made to appear to the governor that there is a breach of the peace, riot, resistance to process of this state or disaster or imminent danger thereof, the governor may order into the active service of the state, for such period, to such extent and in such manner as he may deem necessary all or any part of the organized militia. The compensation of all officers and enlisted men, while on duty or assembled pursuant to this subdivision, and all expenses incurred in connection with such duty or as a result thereof shall be paid in the manner prescribed by section two hundred twelve of this chapter.

 

NYSCL MIL Art. 1 § 6-a. Organizations and Volunteers from the Unorganized Militia.

To the extent permitted by the constitution of the United States, the governor may, at any time, order, authorize or recognize such organizations of the Unorganized Militia, or of designated classes thereof, or of volunteers therefrom, as he may deem to be for the public interest, and may prescribe therefor such parts of the regulations governing the organized militia as may be applicable thereto or establish such regulations therefor, or both, as he may deem proper. The governor may, at any time, provide for the separate organization, or authorize the enlistment in organizations of the unorganized militia, of persons volunteering for such service, not otherwise subject to military duty under section two of this chapter.

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North Carolina

§ 127A-1. Composition of militia. Chapter 127A. Militia.

Article 1. Classification of Militia.

The militia of the State shall consist of all able-bodied citizens of the State and of the United States and all other able-bodied persons who have or shall declare their intention to become citizens of the United States, subject to the qualifications prescribed in this Chapter, who shall be drafted into the militia or shall voluntarily accept commission, appointment, or assignment to duty therein. (1917, c. 200, s. 1; C.S., s. 6791; 1949, c. 1130, s. 1; 1957, c. 1043, s. 1; 1963, c. 1016, s. 2; 1967, c. 563, s. 1; 1975, c. 604, s. 2; 2011-195, s. 1(a).)

 

§ 127A-2. Classification of militia.

The militia shall be divided into the organized and unorganized militia. The organized militia shall consist of four classes: the North Carolina National Guard, the naval militia, the State defense militia and historic military commands. (1975, c. 604, s. 2; 2009-281, s. 1.)

 

§ 127A-7. Composition of unorganized militia.

The unorganized militia shall consist of all other able-bodied citizens of the State and of the United States and all other able-bodied persons who have or shall declare their intention to become citizens of the United States, who shall be at least 17 years of age, except those who have been convicted of a felony or discharged from any component of the military under other than honorable conditions. (1917, c. 200, s. 4; C.S., s. 6794; 1949, c. 1130, s. 1; 1963, c. 1016, s. 2; 1975, c. 604, s. 2; 1983, c. 314, s. 1; 2011-195, s. 1(a).)

 

§ 127A-8. Exemptions from duty with the militia.

The officers, judicial and executive, of the government of the United States and the State of North Carolina, persons in the military or naval service of the United States, customhouse clerks, persons employed by the United States in the transmission of mail, artificers and personnel employed in the armories, arsenals and navy yards of the United States, pilots, and mariners actually employed in the sea service of any citizen or merchant within the United States shall be exempt from duty with the militia without regard to age, and all persons who, because of religious beliefs, claim exemption from duty with the militia, if the conscientious holding of the belief by that person is established under the regulations prescribed for exemption from service with the Armed Forces of the United States, shall be exempted from militia service in a combatant capacity; but no person so exempted shall be exempt from militia service in any capacity that shall be declared noncombatant for the Armed Forces of the United States. (1917, c. 200, s. 5; C.S., s. 6795; 1975, c. 604, s. 2; 2011-195, s. 1(a).)

 

NC.Gen.Stat. § 127A-87. Unorganized Militia Ordered out for Service.

The commander in chief may at any time, in order to execute the law, secure the safety of persons and property, suppress riots or insurrections, repel invasions or provide disaster relief, in addition to the National Guard, the State Defense Militia and the Naval Militia, order out the whole or any part of the Unorganized Militia. When the militia of this State or a part thereof is called forth under the Constitution and laws of the United States, the Governor shall first order out for service the National Guard, the State Defense Militia or Naval Militia, or such thereof as may be necessary, and if

 

the number available be insufficient, he shall then order out such a part of the Unorganized Militia as he may deem necessary. During the absence or organizations of the National Guard or Naval Militia in the service of the United States, their state designations shall not be given to new organizations.

 

NC.Gen.Stat. § 127A-88. Manner of Ordering out Unorganized Militia.

The Governor shall, when ordering out the unorganized militia, designate the number. He may order them out either by calling for volunteers or by draft. He may attach them to the several organizations of the national guard, the State defense militia or naval militia, as may be best for the service.

 

NC.Gen.Stat. § 127A-89. Draft of Unorganized Militia.

If the unorganized militia is ordered out by draft, the Governor shall designate the persons in each county to make the draft, and prescribe rules and regulations for conducting the same.

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North Dakota

37-01-04. Governor's authority to order out national guard - Reserve militia ordered out.

In case of insurrection, invasion, tumult, riot, breach of the peace, or imminent danger thereof, to provide a presence at state ceremonial events, to provide assistance to political entities in search and rescue efforts or to respond to a potential natural or environmental hazard or nuisance, or to perform training activities, the governor may order into the active service of this state any part of the national guard that the governor may deem proper. When the national guard of this state, or a part thereof, is called forth under the Constitution of the United States and the laws of the United States, the governor shall order out for service the remaining troops or such part thereof as may be necessary. If the number of available troops is insufficient, the governor shall order out such part of the reserve militia as the governor may deem necessary.

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Ohio

5923.01 State militia membership - limitation of troops.

4112.01of the Revised Code, who are more than seventeen years, and not more than sixty-seven years, of age unless exempted as provided in section5923.02 of the Revised Code, and who are members of one of the following:

(1) The Ohio national guard;

(2) The Ohio naval militia;

(3) The Ohio military reserve.

(B) The Ohio national guard, including both the Ohio air national guard and the Ohio army national guard, the Ohio naval militia, and the Ohio military reserve are known collectively as the Ohio organized militia.

© The Ohio naval militia and the Ohio military reserve are known collectively as the state defense forces.

(D) The unorganized militia consists of those citizens of the state as described in division (A) of this section who are not members of the Ohio organized militia.

(E) No troops shall be maintained in time of peace other than as authorized and prescribed under the "Act of August 10, 1956," 70A Stat. 596, 32 U.S.C.A. 101 to 716. This limitation does not affect the right of the state to the use of its organized militia within its borders in time of peace as prescribed by the laws of this state. This section does not prevent the organization and maintenance of police.

 

Oh.Rev.Stat. § 5919.23. Creation of Additional Units; Drafting.

The commander in chief may, upon the declaration of war, or upon the breaking out of insurrection, or upon the imminence of either, increase the Ohio national guard and the Ohio military reserve by the creation of such additional units as he deems necessary; and he may proceed in such manner as rules prescribe for the drafting into the organized militia of all such portions of the militia of the state as he deems necessary in any such emergency.

 

Oh.Rev.Stat. § 5920.01. Organization and Maintenance of Ohio Military Reserve.

The governor shall organize and maintain within this state on a cadre or reserve basis military forces capable of being expanded and trained to defend this state whenever the Ohio national guard, or a part thereof, is employed so as to leave this state without adequate defense. In case of an emergency proclaimed by the president, or the Congress of the United States, or the governor, or caused by enemy action or imminent danger thereof, the governor, as commander in chief, shall expand such forces as the exigency of the occasion requires. Such forces shall be organized and maintained under regulations which shall not be inconsistent with such regulations as the secretary of defense prescribes for discipline and training and shall be composed of officers commissioned and assigned, and such able-bodied citizens of the state as are accepted therein. Such forces shall be equipped with suitable uniforms not in violation of federal laws or contrary to the regulations of the secretary of defense. Such forces shall be known as the Ohio military reserve. During the period of organization on a cadre or reserve basis the commander in chief may fix lesser rates of pay for armory drill purposes or for service in encampments and maneuvers. In the event that the regulations of the department of defense are modified so as to recognize the Ohio military reserve as a part of the Ohio national guard not subject to induction into federal service, the laws pertaining to the Ohio national guard shall apply to the Ohio military reserve and it shall be known as a component of the Ohio national guard

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2014 Oklahoma Statutes

Title 44. Militia

§44-41. Composition of Militia - Classes.

Universal Citation: 44 OK Stat § 44-41 (2014)

The Militia of the State of Oklahoma shall consist of all able-bodied citizens of the United States and all other able-bodied persons who shall be or shall have declared their intentions to become citizens of the United States, who shall be more than seventeen (17) years of age and not more than seventy (70) years of age, and said militia shall be divided into three (3) classes: The National Guard, the Oklahoma State Guard, and the Unorganized Militia.

 

Okla.Stat.Ann. § 44-72. Ordering into Active Service.

It shall be the duty of the Governor and he is authorized and required, in case of war, invasion, insurrection, or breach of the peace or imminent danger thereof or any forcible obstructing of the execution of the laws or reasonable apprehension thereof, and at all other times he may deem necessary to order on state duty the National Guard or any part thereof. No member thereof who shall be ordered out for such duty shall be liable for civil prosecution for any act done by him in the discharge of his military duty on such occasion, and when the President of the United States shall make a call, order, or requisition for troops, the Governor shall first order into the service of the United States the organizations and arms of the service specified in said requisition.

 

Okla.Stat.Ann. § 44-73. Local commanding officer - Order into service in emergency.

In the event of insurrection, rebellion, invasion, tumult, riot, resistance to law or process or breach of the peace, occurring in the vicinity of the station of any organization or organizations of the National Guard of Oklahoma whenever the exigencies of the situation are such as to render it impossible first to communicate with the Governor or the Adjutant General, the senior commanding officer of that station, upon request in writing signed by the sheriff of the county involved or officer acting in his stead, stating the facts and the nature of the service desired, may order out the organization or organizations at that station, or such portion thereof as he shall deem necessary, and cause them to perform such duty as the circumstances shall require, and such commanding officers shall immediately report what he has done and all of the circumstances of the case to the Governor, and it shall be deemed that the action was taken by order of the Governor.

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Oregon Unorganized Militia

2015 ORS 396.105¹

Militia comprised of organized and unorganized militia

The militia of the state shall be divided into the organized militia and the unorganized militia.

 

(2)The organized militia shall be composed of the Oregon Army National Guard and the Oregon Air National Guard, which forces together with an inactive National Guard shall comprise the Oregon National Guard; the Oregon State Defense Force whenever such a state force shall be duly organized; and such additional forces as may be created by the Governor.

 

(3)The unorganized militia shall consist of all able-bodied residents of the state between the ages of 18 and 45 who are not serving in any force of the organized militia or who are not on 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. [1961 c.454 §5(1),(2),(3); 1989 c.361 §2; 2005 c.512 §3]

 

Or.Rev.Stat. § 396.130 Service of Organized Militia Outside State.

(1) The Governor may order the organized militia or any part thereof to serve outside the borders of this state or of the United States in order to perform military duty of every description and to participate in parades, reviews, cruises, conferences, encampments, maneuvers or other training, and to participate in small arms and other military competitions and to attend service schools.

 

(2) The provisions of this chapter and ORS chapters 398 and 399 shall apply to the members of the organized militia while serving without the state and while going to and returning from such service without the state in like manner and to the same extent as while serving within the state.

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2014 Rhode Island General Laws

Title 30 - Military Affairs and Defense

Chapter 30-1 - Militia

Section 30-1-5 - Composition of unorganized militia.

Universal Citation: RI Gen L § 30-1-5 (2014)

§ 30-1-5 Composition of unorganized militia. – The unorganized militia shall consist of all persons liable to service in the militia who are not members of the national guard, naval militia, or independent chartered military organizations.

 

R.I.Gen.Law § 30-2-6 Order of Militia into Service.

(a) In case of martial law, war, invasion, rebellion, insurrection, riot, tumult, public calamity or catastrophe, or other emergency, or imminent danger thereof, or resistance to the laws of this state or the United States, the governor shall order into service, all or any part of the militia that he or she may deem necessary, to serve until the exigencies shall have passed. If the occasion be so sudden that the governor cannot be informed and his or her orders received and executed, the adjutant general may order into service all or any part of the militia, with like powers and authority as are herein conferred on the governor.

 

(b) In the event of a request for assistance from the state of Rhode Island or an agency thereof, the governor may order into service all or part of the militia that he or she may deem necessary, to serve for the purposes of providing assistance and support for official state functions, or other state activities for training.

 

R.I.Gen.Law § 30-2-10 Order of Militia into Service to Meet Federal Call.

(a) Whenever the militia, or any part thereof, is called, ordered, or drafted under the Constitution and laws of the United States, the governor shall order for this service the national guard, the naval militia, if organized, and if the number available is insufficient he or she shall order out such other part of the militia as may be necessary.

 

(b) Upon the termination of an emergency all persons drafted for the emergency as national guard when discharged from federal service shall resume their membership in the national guard. These persons shall continue to serve in the national guard until the dates upon which their enlistment entered into prior to the draft would have expired, if uninterrupted, under regulations to be prescribed by the governor.

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South Carolina

SECTION 25-1-60. Composition and classes of militia.

(A) The militia of this State consists of all able-bodied persons over seventeen years of age who are:

(1) citizens of the United States residing within this State;

(2) citizens of the United States bound by law, lawful order, or contract to serve in the militia or military forces of this State; or

(3) persons who have declared their intention to become citizens of the United States and are bound by law, lawful order, or contract to serve in the militia or military forces of this State.

(B) The militia is divided into three classes:

(1) the National Guard;

(2) the organized militia not in National Guard service; and

(3) the unorganized militia.

 

S.C.Code § 25-1-90. Service Within State of Military Forces from Another State.

No armed military force from another state, territory or district shall be permitted to enter the State for the purpose of doing military duty therein without the permission of the Governor, unless such force is part of the United States Army or is acting under the authority of the United States Government.

 

SECTION 25-3-170. Pursuit of fugitives.

Any organization, unit or detachment of such force, upon order of the officer in immediate command thereof, may continue in fresh pursuit of insurrections, saboteurs, enemies or enemy forces beyond the borders of this State into another state until such persons are apprehended or captured by such organization, unit or detachment or until the military or police force of the other state or the forces of the United States have had a reasonable opportunity to take up the pursuit or to apprehend or capture such persons. But such pursuit is not authorized unless such other state shall have given the authority by law for such pursuit by such force of this State. Any such persons who shall be apprehended or captured in such other state by an organization, unit or detachment of the force of this State shall without unnecessary delay be surrendered to the military or police force of the state in which they are taken or to the United States. The surrender of insurrectionists or saboteurs to the military or police force of such other state shall not constitute a waiver by this State of its rights to extradite or prosecute such insurrectionists or saboteurs for any crime committed in this State.

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South Dakota

CHAPTER 2

STATE MILITIA

1. Governor as commander of militia

Organized portion as South Dakota National Guard. The

Governor shall be the commander in chief of the militia of the state, the organized portion of which shall be known and distinguished as the South Dakota National Guard.

2. Composition of militia National guard and unorganized militia. The militia of the state shall

consist of all able bodied male citizens of the state who are between the age limits currently authorized by the Department of Defense for enlisted personnel in the active components of the United States Army, and such militia shall be divided into two classes: the national guard and the unorganized militia.

3.Persons exempt from military duty Circumstances under which exemption is inapplicable. The following persons are exempt from military duty:

(1) All persons in the armed forces or volunteer force of the United States and those who have been honorably discharged therefrom;

(2) All persons who have served in the South Dakota National Guard for the term of six years and have been honorably discharged. Exempted persons included herein shall be liable to military duty in case of war, insurrection, or invasion, or imminent danger thereof.

4.Conscientious objectors as exempt

Persons exempt by laws of United States. The following persons are exempt from military duty:

(1)All persons who are members of any well recognized religious sect or organization, organized and existing prior to March 1, 1917, whose creed forbids its members to participate in war in any form, and whose religious convictions are against war or participation therein, in accordance with the creed of such religious organization; and

(2) Such other persons as may be exempted by the laws of the United States.

Other persons exempt from military duty. Idiots, lunatics, and persons convicted of infamous crimes, are exempt from military duty.Circumstances under which militia may be put in active service. The militia shall be subject to perform no active military duty save and except in case of war, invasions, riots, insurrection, or disaster. In such case the Governor is hereby authorized to order out from time to time, for actual service, as many of the militia

as necessity may require, and to provide for their organization in the manner prescribed in this title for the organization of the national guard. In all such cases the national guard shall first be ordered into service.

6, the senior ranking officer of the troops present shall take command; provided that no person shall be eligible to a command in the militia of this state except a citizen of the United States. Law governing militia in active service. The militia, while in active service, shall be governed by the military law of the state, and the rules and the Uniform Code of Military Justice of the United States.

7. Ranking officer as commander of troops in service Citizenship requirement. When any troops are in the field for the purposes mentioned in

9. Pay during active service. When in active service of the state, pursuant to the order of the Governor, the compensation and expenses of the militia and claims of the members thereof for injury or illness incurred in line of duty, shall be paid out of any funds in the state treasury not otherwise appropriated.

 

S.D.Codified Laws § 33-2-6. Circumstances under Which Militia May Be Put in Active Service.

The militia shall be subject to perform no active military duty save and except in case of war, invasions, riots, insurrection, or disaster. In such case the Governor is hereby authorized to order out from time to time, for actual service, as many of the militia as necessity may require, and to provide for their organization in the manner prescribed in this title for the organization of the national guard. In all such cases the national guard shall first be ordered into service.

 

SOUTH DAKOTA STATE GUARD

S.D.Codified Laws § 33-14-1

Authorization to organize state guard--State guard as distinct from national guard. The Governor is hereby authorized, in his discretion, to organize and maintain within this state such military forces as he may deem necessary to protect life and property in this state. Such forces shall be additional to and distinct from the national guard and shall be known as the South Dakota State Guard.

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2010 Tennessee Code

Title 58 - Military Affairs, Emergencies and Civil Defense

Chapter 1 - Military Forces

Part 1 - Military ForcesIn General

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

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

(a) 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.

 

(b) 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.

 

(d) 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.

Tn.Code. § 58-1-113. Service without the state - Offenses committed - Jurisdiction.

(a) The governor may order the national guard, or any part thereof, to serve outside the borders of this state or of the United States in order to perform military duty of every description and to participate in parades, reviews, cruises, conferences, encampments, maneuvers or other training and to participate in small arms and other military competitions and to attend service schools.

 

39-17-314(d). Civil Disorder. (Title 39 Criminal Offenses)

(1) Nothing contained in this section makes unlawful any act protected by the constitution of Tennessee, or any act of a law enforcement officer which is performed in the lawful performance of the officer’s official duties.

 

(2) Nothing contained in this section makes unlawful:

(A) Any activity of a governmental military force, the Tennessee wildlife resources agency, the department of correction or any law enforcement agency;

(B) Any activity intended to teach or practice self-defense or self-defense techniques, such as karate clubs or self-defense clinics, and similar lawful activity;

© Any facility, program or lawful activity related to firearms instruction and training intended to teach the safe handling and use of firearms; or (D) Any other lawful sports or activities related to the individual recreational use or possession of firearms, including, but not limited to, hunting activities, target shooting, self-defense, firearms collection or any organized activity, including, but not limited to, any hunting club, rifle club, rifle range or shooting range which does not include a conspiracy as defined under the laws of this state, or the knowledge of or the intent to cause or further a civil disorder.

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Tx Govt. Code § 431.001.

In this chapter:

(1) “Reserve militia” means the persons liable to serve, but not serving, in the state military forces.

(2) “State militia” means the State Military Forces and the Reserve Militia.

(3) “State military forces” means the Texas National Guard, the Texas State Guard, and any other active militia or military force organized under state law.

(4) “Texas National Guard” means the Texas Army National Guard and the Texas Air National Guard.

 

SUBCHAPTER E. RESERVE MILITIA

432.001(16), and is subject to the punitive provisions of Chapter 432. A member who does not appear at the time and place designated by the county emergency board shall be punished as a court-martial directs.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.

 

Sec. 431.074. PENALTY.

(a) A member of a county emergency board who neglects or refuses to perform a duty required by this subchapter commits an offense.

(b) An offense under this section is a misdemeanor punishable by a fine of not more than $1,000 and confinement in jail for not less than six nor more than 12 months.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.

 

 

Tx Govt. Code § 431.111. Calling of Forces by Governor.

(a) The governor may call all or part of the state military forces to repel or suppress an invasion of or insurrection in or threatened invasion of or insurrection in the state or if the governor considers it necessary to enforce state law. If the number of state military forces is insufficient, the governor shall call the part of the reserve militia that the governor considers necessary.

 

(b) The governor may call all or part of the state military forces to assist civil authorities in guarding prisoners, conveying prisoners within the state, or executing law as the public interest or safety requires.

 

© The governor may order a commander of a unit of the state military forces to appear at a time and place directed to suppress or prevent tumult, riot, or the actions of a group of persons acting together by force with intent to commit a breach of the peace or violence to a person or property or to otherwise violate state law.

 

Tx Govt. Code § 431.112. Calling of Forces by Other Official.

If military aid is immediately and urgently necessary to prevent or suppress violence under Section 431.111© and it is impracticable to secure

 

the aid in time by order of the governor, the district judge of the judicial district, the sheriff of the county, or the mayor of the municipality in which the disturbance occurs may call for aid on the commanding officer of the state military forces stationed in the judicial district, county, or municipality or an adjacent judicial district, county, or municipality. The officer must make the call in writing and shall immediately notify the governor of the action.

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Utah Code

Title 39 Militia and Armories

Chapter 1 State Militia

39-1-1. Militia -- How constituted -- Persons exempted.

(1) All able-bodied citizens, and all able-bodied persons of foreign birth who have declared their intention to become citizens, who are 18 years of age or older and younger than 45 years of age, who are residents of this state, constitute the militia, subject to the following exemptions:(1)(a) through (f), are liable to military duty in case of war, insurrection, invasion, tumult, riot, or public disaster, or imminent danger of any of these, or after they have voluntarily enlisted in the National Guard of this state.

(a) persons exempted by laws of the United States;

(b) persons exempted by the laws of this state;

© all persons who have been honorably discharged from the army, air force, navy, or volunteer forces of the United States;

(d) active members of any regularly organized fire or police department in any city or town, but no member of the active militia is relieved from duty because of his joining any volunteer fire company or department;

(e) judges and clerks of courts of record, state and county civil officers holding office by election, state officers appointed by the governor for a specified term of office, ministers of the gospel, practicing physicians, superintendents, officers and assistants of hospitals, prisons and jails, conductors, brakemen, flagmen, engineers and firemen of railways, and all other employees of railways actually employed in train service; and

(f) idiots, lunatics, and persons convicted of infamous crime.

 

(2) All exempted persons, except those enumerated in Subsections (1)(a) through (f), are liable to military duty in case of war, insurrection, invasion, tumult, riot, or public disaster, or imminent danger of any of these, or after they have voluntarily enlisted in the National Guard of this state.

 

UTAH STATE DEFENSE FORCE

39-4-1. Governor Authorized to Organize Utah State Defense Force.

(1) The governor may organize and maintain within this state, under regulations the United States may prescribe for discipline in training, military forces the governor considers necessary to defend this state.

(2) These forces shall be composed of officers commissioned or assigned, and able-bodied citizens of the state who volunteer for service, supplemented if necessary by persons in the militia enrolled by draft or otherwise as provided by law.

(3) These forces shall be additional to and distinct from the National Guard and shall be known as the Utah State Defense Force. These forces may be uniformed.

 

Utah Code § 39-4-6. Forces of Another State in Fresh Pursuit May Make Arrests.

Any military forces or organization, unit or detachment thereof, of another state who are in fresh pursuit of insurrectionists, saboteurs, enemies or enemy forces may continue such pursuit into this state until the military or police forces of this state or the forces of the United States have had a reasonable opportunity to take up the pursuit or to apprehend or capture such persons and are authorized to arrest or capture such persons within this state while in fresh pursuit. Any such person who shall be captured or arrested by the military forces of such other state while in this state shall without unnecessary delay be surrendered to the military or police forces of this state to be dealt with according to law. This section shall not be construed so as to make unlawful any arrest in this state which would otherwise be lawful, and nothing contained in this section shall be deemed to repeal any of the provisions of the Uniform Act on the Fresh Pursuit of Criminals.

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Vermont

UNORGANIZED MILITIA CALL OUT FOR STATE GUARD DUTY

Vt. Stat. Title 20 § 1151. Organization and Maintenance.

Whenever any part of the National Guard of this state is in active federal service, the governor is hereby authorized to organize and maintain within this state during such period, under such regulations as the secretary of the army of the United States may prescribe for the organization, standards of training, instruction and discipline such military forces as the governor may deem necessary to defend this state. Such forces shall be composed of officers commissioned or assigned, and such able-bodied citizens of the state as shall volunteer for service therein, supplemented, if necessary, by men of the Unorganized Militia enrolled by draft or otherwise as provided by law. Such forces shall be additional to and distinct from the National Guard and shall be known as the Vermont State Guard. Such forces shall be uniformed. Such forces shall be located in places having National Guard units therefrom then in federal service and such other places as the governor may direct provided adequate personnel are available for such service.

 

Vt. Stat. Title 20 § 601. When and by Whom National Guard Called Out.

The commander in chief or, in his absence, the lieutenant governor, or, in the absence of both, the adjutant and inspector general, in case of riot, rebellion or insurrection within the state or in case of great opposition to the service of legal process, whether civil or criminal, or in case of invasion or imminent danger thereof, or in case of disaster, or emergency proclaimed by the governor, may call out the national guard, or such parts thereof as he deems necessary, and may order such force into camp for instruction and drill. Until discharged by order of the commander in chief such force shall be subject to his order and shall be governed by the regulations prescribed for the army of the United States; and the commander in chief may order the same into camp for instruction and drill when in his judgment the interests of the state require.

 

Vt. Stat. Title 20 § 641. When and by whom called out.

Upon the requisition of the president of the United States, and in case of war or invasion, or to prevent insurrection or invasion, the commander in chief may call out from time to time, for the actual service, by draft or otherwise as many of the entire national guard as the necessity of the case requires. The enrolled national guard, when so ordered for preparation for actual service, shall be administered and trained according to the laws of this state and of the United States. On the termination of the emergency all persons discharged from the military service who were, upon draft into federal service, members of the national guard of Vermont shall resume their membership in the national guard, and shall continue to serve in the national guard until the dates upon which their enlistments prior to their draft would have expired if uninterrupted.

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Code of Virginia

§ 44-1. Composition of militia.

The militia of the Commonwealth of Virginia shall consist of all able-bodied residents of the Commonwealth who are citizens of the United States and all other able-bodied persons resident in the Commonwealth who have declared their intention to become citizens of the United States, who are at least 16 years of age and, except as hereinafter provided, not more than 55 years of age. The militia shall be divided into three classes: the National Guard, which includes the Army National Guard and the Air National Guard; the Virginia Defense Force; and the unorganized militia.

Va.Code § 44-80. Order in Which Classes of Militia Called into Service.

The National Guard, the Virginia State Defense Force, the naval militia and the unorganized militia or any part thereof may be ordered into service by the Governor in such order as he determines.

Va.Code § 44-86. When Ordered out for Service.

The commander in chief may at any time, in order to execute the law, suppress riots or insurrections, or repel invasion, or aid in any form of disaster wherein the lives or property of citizens are imperiled or may be imperiled, order out the National Guard and the inactive National Guard or any parts thereof, or the whole or any part of the unorganized militia. When the militia of this Commonwealth, or a part thereof, is called forth under the Constitution and laws of the United States, the Governor shall order out for service the National Guard, or such part thereof as may be necessary; and he may likewise order out such a part of the unorganized militia as he may deem necessary. During the absence of organizations of the National Guard in the service of the United States, their state designations shall not be given to new organizations.

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Washington State

Composition of the militia.

The militia of the state of Washington shall consist of all able bodied citizens of the United States and all other able bodied persons who have declared their intention to become citizens of the United States, residing within this state, who shall be more than eighteen years of age, and shall include all persons who are members of the national guard and the state guard, and said militia shall be divided into two classes, the organized militia and the unorganized militia.

 

Wash. Rev. Code § 38.08.040 Governor May Order out Organized Militia.

In event of war, insurrection, rebellion, invasion, tumult, riot, mob, or organized body acting together by force with intent to commit a felony or to offer violence to persons or property, or by force and violence to break and resist the laws of this state, or the United States, or in case of the imminent danger of the occurrence of any of said events, or at the lawful request of competent state or local authority in support of enforcement of controlled substance statutes, or whenever responsible civil authorities shall, for any reason, fail to preserve law and order, or protect life or property, or the governor believes that such failure is imminent, or in event of public disaster, or when otherwise required for the public health, safety, or welfare, or to perform any military duty authorized by state law, or to prepare for or recover from any of these events or the consequences thereof, the governor shall have power to order the organized militia of Washington, or any part thereof, into active service of the state to execute the laws, and to perform such duty as the governor shall deem proper.

 

CALL OUT - UNORGANIZED MILITIA

Wash. Rev. Code § 38.08.050 Governor May Order out Unorganized Militia.

In event of, or imminent danger of, war, insurrection, rebellion, invasion, tumult, riot, resistance to law or process or breach of the peace, if the governor shall have ordered into active service all of the available forces of the organized militia of Washington and shall consider them insufficient in number to properly accomplish the purpose, he or she may then in addition order out the Unorganized Militia or such portion thereof as he may deem necessary, and cause them to perform such military duty as the circumstances may require.

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West Virginia

§15-5-19. Unorganized militia.

The unorganized militia shall, at the call of the governor, be available for duty with the emergency service forces of this state. For purposes of this article, the unorganized militia shall consist of all able-bodied men and women between the ages of sixteen and fifty.

 

W.Va.Code § 15-5-19. Unorganized Militia. (ARTICLE 5 - EMERGENCY SERVICES)

The unorganized militia shall, at the call of the governor, be available for duty with the Emergency Service Forces of this State. For purposes of this article, the Unorganized Militia shall consist of all able-bodied men and women between the ages of sixteen and fifty.

 

W.Va.Code §15-1-4. Active Service

Authority of governor to require; state duty ordered by adjutant general.

a. The governor may order all or any part of the organized militia and the state guard or any other person with their consent to active service of

the state and all members of the organized militia and the state guard shall be liable for such service.

b. The governor may order the organized militia or any part thereof to serve outside the borders of the state and of the United States in order to

perform military duty and to participate in parades, review, conferences, encampments, maneuvers, and other training, to participate in military competitions and to attend service schools.

c. The adjutant general may order the organized militia or any part thereof or any military personnel of the national guard or any other person with his consent to state duty within or without the state and with or without compensation.

 

W.Va.Code §15-1-5. Active Service -- United States.

When the organized militia, or any part thereof, is called for active service of the United States under the constitution and laws of the United States, the governor shall order the same to service, and if the number available is insufficient, the governor may call for and accept as many volunteers as are required for service in the organized militia and state guard. During the absence of units and organizations of the organized militia in the service of the United States, their state designations shall not be given to new organizations, and all organizations and officers on return from such service shall be given their former standing and rank

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Wisconsin

Chapter 21.01(1) “Composition of the National Guard.”

Wisconsin Constitution, SECTION 29. MILITIA provides that “The legislature shall determine what persons shall constitute the militia of the state, and may provide for organizing and disciplining the same in such manner as shall be prescribed by law.”

 

Wis. Stat. § 21.11 Call to active service.

(1) In case of war, insurrection, rebellion, riot, invasion or resistance to the execution of the laws of this State or of the United States; in the event of public disaster resulting from flood, conflagration or tornado; in order to assess damage or potential damage and to recommend responsive action as a result of natural or man-made events; or upon application of any marshal of the United States, the president of any village, the mayor of any city, the chairperson of any town board, or any sheriff in this state, the Governor may order into active service all or any portion of the National Guard. If the governor is absent, or cannot be immediately communicated with, any such civil officer may, if the officer deems the occasion so urgent, make such application, which shall be in writing, to the commanding officers of any company, battalion or regiment, who may upon approval of the adjutant general, if the danger is great and imminent, order out that officer’s command to the aid of such civil officer. Such order shall be delivered to the commanding officer, who shall immediately communicate the order to each, and every subordinate officer, and every company commander receiving the same shall immediately communicate the substance thereof to each member of the company, or if any such member cannot be found, a notice in writing containing the substance of such order shall be left at the last and usual place of residence of such member with some person of suitable age and discretion, to whom its contents shall be explained.

 

STATE DEFENSE FORCE - AVIATION UNIT

Wi.Stat. § 21.025(2)

(b) The governor may form an Aviation Unit of the State Defense Force and formulate the rules and regulations therefor and prescribe the duties thereof consistent with the functions of the state defense force.

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2013 Wyoming Statutes

TITLE 19 - Defense Forces and Affairs

CHAPTER 8 - STATE MILITIA ARTICLE 1 GENERALLY

19-8-101. Organized and unorganized militia.

 

Universal Citation: WY Stat § 19-8-101 (2013)

19-8-101. Organized and unorganized militia.

(a) The militia of the state is divided into the organized militia and the unorganized militia.

(b) The organized militia consists of the following:

(i) Such elements of the land and air forces of the national guard of the United States as are allocated to the state by the president, the secretary of defense or the secretary of the army or the air force and accepted by the state, hereinafter to be known as the Wyoming national guard; and

(ii) Wyoming state guard forces, when organized.

© The unorganized militia consists of all persons liable to serve in the militia but not commissioned or enlisted in the organized militia.

 

Wyo. Stat. § 19-10-104. Guard Not Required to Serve Outside State; Exceptions.

(a) The Wyoming state guard is not required to serve outside the boundaries of this state except:

(i) Upon request of the governor of another state, the governor of this state may order any portion of the force to assist the military or police forces of the other state which are actually engaged in the defense of the other state. The forces may be recalled at the discretion of the governor of Wyoming;

(ii) As provided by W.S. 19-8-103(b); or

(iii) As ordered by the governor of this state in accordance with the provisions of the Emergency Management Assistance Compact.

(b) No provision relative to the Wyoming state guard shall be construed as authorizing those forces, or any part thereof, to be called, ordered or in any way drafted into the military service of the United States, but no person is exempt from military service under the laws of the United States by reason of enlistment or commission in the Wyoming state guard.

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