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Individual State Militia Laws

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This thread will have information pertaining to each states militia laws , once we establish a post for each state we will build a map for ease of navigation , this being the case this thread is closed for commenting please feel free to comment on your states laws in you states network forum.

These laws target organizations that aren’t otherwise considered legitimate defense forces. You should carefully read your State’s constitution. If your Governor can call up the “unorganized militia” then lawful militias ARE legitimate defense assets as opposed to illegal paramilitary groups.

 

In my state, for instance: “The unorganized militia shall, at the call of the governor, be available for duty with the emergency service forces of this state, the unorganized militia shall consist of all able-bodied men and women between the ages of sixteen and fifty.”

We also have a law §15-1F-7 prohibiting “Unlawful military organizations.” A lawful Citizen militia, however, is a legitimate emergency service force, therefore not affected by these laws. Such laws are in place to prevent associations of eco-terrorists (and other terrorists) and activists who intend to cause social unrest or commit sedition.

http://www.mymilitia.com/pages/militialawsmap/

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Alabama Code Title 31. Military Affairs and Civil Defense § 31-2-5

The unorganized militia shall consist of all able-bodied male resident citizens of the state and all able-bodied resident males who have declared their intention to become citizens of the United States, between the ages of 17 and 45, and of such other persons, male and female, as may, upon their own application, be enlisted or commissioned therein, subject to any existing law, who are not serving in any force of the organized militia and who are not on the state retired list.

 

Ala. Code § 31-2-48: Manner of Ordering out Unorganized Militia; Organization; Appointment of Officers.

The Governor shall, when ordering out the unorganized militia, designate the number. He may order them out either by call for volunteers or draft. The unorganized militia may be attached to the several organizations of the National Guard or Naval Militia, or organized into separate divisions, brigades, regiments, battalions, companies or detachments as the Governor may deem best for service. He shall appoint the commissioned officers and warrant officers in the same manner as provided in this chapter for the appointment of officers and warrant officers of the National Guard and Naval Militia.

 

Ala. Code § 31-2-49: Draft of Unorganized Militia.

If the unorganized militia is ordered out by draft, the Governor shall designate the persons in each county or city who are to make the draft and prescribe rules and regulations for conducting the same, which shall conform as nearly as possible to the selective service machinery that is now or may hereafter be provided for by the government of the United States in a national crisis.

 

Ala. Code § 31-2-3 Divisions of State Militia; Composition of Organized Militia and National Guard.

The militia of the state shall be divided into the organized militia, the retired list and the unorganized militia, which together shall constitute the state military forces. The organized militia shall be composed of: an Army National Guard and an Air National Guard which forces, together with an inactive national guard, shall comprise the Alabama National Guard; the Alabama Naval Militia; and the Alabama State Guard, whenever any such force is organized by the Governor pursuant to existing laws. The National Guard, army or air, shall consist of such organizations and units as the commander in chief may from time to time authorize to be formed, all to be organized in accordance with the laws of the United States affecting the National Guard, army and air, and the regulations issued by the appropriate Secretary of the Department of Defense.

 

Ala. Code § 31-2-8 Organization, Etc., of State Defense Force upon Call, Etc., into Federal Service of National Guard.

In the event of all or part of the National Guard of Alabama being called, drafted or ordered into the service of the United States, the Governor is hereby authorized to organize, equip, train and maintain, only during periods when the National Guard of Alabama is in the federal service or when the Governor declares by executive order, at such strength and in such organizations and branches of the service as he may deem advisable, a temporary military force designated as the Alabama State Defense Force, similar to the National Guard and organized for the same state purposes, and if authorized by federal laws, it shall be organized, maintained and trained under the provisions of the National Defense Act for the organization, maintenance and training of the National Guard; provided that comparable organizations shall be disbanded and discharged from the service of the state on the release or discharge of the National Guard of Alabama, or units thereof, from the federal service and return to its National Guard status.

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Alaska Statutes Title 26. Military Affairs, Veterans, Disasters, and Aerospace § 26.05.010. Alaska militia established

(a) The militia of the state consists 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, who reside in the state, who are at least 17 years of age, and who are eligible for military service under the laws of the United States or this state.

(b) The militia is divided into two classes:

(1) the organized militia, consisting of the Alaska National Guard, the Alaska Naval Militia, and the Alaska State Defense Force;  and

(2) the unorganized militia, consisting of all qualified persons available for service but not serving in the organized militia.

© The adjutant general may, by regulation, prescribe the maximum age for eligibility in the militia.

 

Alaska Statue § 26.05.110

“In the event of imminent invasion by a foreign power and for the same reasons set forth in AS 26.05.070, if the governor has ordered into active service

 

all of the available organized militia or if the organized militia is in active federal service, the governor may order the unorganized militia or any portion of it considered necessary into active service, and have them perform military duty for the state subject to this chapter, as the circumstances require.

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2016 Arizona Revised Statutes Title 26 - Military Affairs and Emergency Management § 26-122 Components of militia

A. The militia is divided into the national guard of Arizona, the state guard when organized, and the unorganized militia.

B. The national guard consists of commissioned officers, warrant officers, enlisted personnel, organizations, staffs, corps and departments of the federally recognized and regularly commissioned, warranted and enlisted militia of the state, organized and maintained pursuant to law, and all members thereof honorably retired by age or disability.

C. The numerical strength, composition, distribution, organization, arms, uniforms, equipment, training and discipline of the federally recognized national guard shall be prescribed by the governor in conformity with the allocation of units to the state by the department of the army and the department of the air force of the United States.

D. The inactive national guard consists of commissioned, warranted and enlisted personnel relieved from assignment to the national guard by the adjutant general, or at their own request, under regulations prescribed by the department of national defense of the United States, and not reassigned to another component of the armed forces of the United States.

E. The unorganized militia consists of members of the militia not members of the national guard or state guard when organized.

 

Ariz. Rev. Stat. 26-124: Service by members of unorganized militia; volunteers during emergency; enrollment; selection; organizing selectees

A. When the governor proclaims an emergency, and, upon advice of the adjutant general, determines that the national guard does not have sufficient troops to meet the emergency, the governor may authorize the adjutant general to accept for service from the unorganized militia a specified number of volunteers.

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2010 Arkansas Code Title 12 - Law Enforcement, Emergency Management, And Military Affairs Subtitle 4 - Military Affairs Chapter 61 - Military Forces Subchapter 1 - State Militia Generally § 12-61-101

(a) The militia shall be divided into two (2) parts: the organized, consisting of the active and inactive Army National Guard and Air National Guard; and the unorganized, consisting of all those persons of the militia not in the active or inactive Army National Guard or Air National Guard.

 

(b) The militia shall consist of all able-bodied male residents of the state between the ages of seventeen (17) and forty-five (45) years who are, or intend to become, citizens of the United States, unless exempt by law, together with all other acceptable volunteers, waiving necessary requirements.

 

Ark. Code § 12-61-111. Ordering Militia into Service.

(a)(1) The Governor shall have power in case of invasion, disaster, insurrection, riot, breach of the peace, or imminent danger thereof, or to preserve the public health and security and maintain law and order, to order into the active service of the state for such a period, to such extent, and in such manner as he may deem necessary, all or any part of the organized militia.

 

(2) 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.

(b)(1) Upon the request of either the judge or sheriff of a county or the mayor of a city, whenever it is 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.

 

(2) The compensation of all officers and enlisted personnel while on duty or assembled pursuant to this subsection and all expenses incurred in connection with such duty or as a result thereof shall be paid in the manner prescribed by law.

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Cal. Mil. & Vet. Code § 120.

The militia of the State shall consist of the National Guard, State Military Reserve and the Naval Militia—which constitute the active militia—and the unorganized militia.

 

Cal. Military & Veterans Code § 128.

The Unorganized Militia may be called for active duty in case of war, rebellion, insurrection, invasion, tumult, riot, breach of the peace, public calamity or catastrophe, or other emergency, or imminent danger thereof, or may be called forth for service under the Constitution and laws of the United States. Whenever it is necessary to call out any portion of the unorganized militia, the Governor may call for and accept as many volunteers as are required for such service, under regulations provided by this division.

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2012 Connecticut General Statutes Title 27 - Armed Forces and Veterans Chapter 504 - Militia Section 27-2 - Classes of militia.

 

Universal Citation: CT Gen Stat § 27-2 (2012)

The militia shall be divided into four classes as follows: The unorganized militia, the organized militia, the National Guard and the naval militia. The National Guard for the purposes of this chapter shall consist of the National Guard and the Air National Guard. The unorganized militia shall consist of all male citizens and all male residents of the state who have declared their intention to become citizens of the United States, between the ages of eighteen and forty-five years, not exempt from military duty by federal or state laws or by such reasons of physical or mental disabilities as shall be prescribed in general orders or regulations published by the Adjutant General and approved by the Governor and who are not members of the organized militia or of the National Guard or of the naval militia, and all female citizens and all female residents of the state who have declared their intention to become citizens of the United States, between the ages of eighteen and forty-five years, who may voluntarily offer their services to the state. The organized militia shall consist of the Governor’s Guards, the State Guard and such other military forces as may be designated by the Governor as commander-in-chief, which may hereafter be organized under the provisions of the laws of this state. The National Guard shall consist of such forces as may be organized and maintained by this state pursuant to the laws and regulations of the United States relating to the National Guard. The naval militia shall consist of such persons as may enlist or be appointed or commissioned therein as a special force for coast protection and as a naval reserve and shall be organized and maintained by this state pursuant to the laws and regulations of the United States relating to the naval militia and may include a marine corps branch of the naval militia subordinate thereto in all matters pertaining to command, discipline or administration. The organized militia, the National Guard, the naval militia and marine corps branch of the naval militia, whenever organized, shall be, for all purposes under the general statutes, the armed forces of the state.

 

CT. Gen. Stat. § 27-101 Definition.

“Private Military Force”, as used in this chapter, includes any group of five or more persons organized or associated together in a camp, group, organization, company, association or society, or in any other manner, for the purpose of drilling or maneuvering with firearms or other dangerous weapons, or with imitations, copies or replicas thereof, or for the purpose of giving or acquiring military training or experience; but said term “private military force” shall not include any military or police units of the United States or of any state or territory, or of any political subdivision of any state or territory, or a cadet or reserve corps of any institution of learning whose military training is under governmental supervision, or any society of war veterans in the course of their authorized activities, or any society or fraternal organization which features a uniform or costume with side-arms or replicas thereof for display purposes only, or The Boy Scouts of America, The Catholic Boys Brigade of the United States, Inc., or troops of a foreign government whose admission to the United States has been consented to by the federal or state government, or any person acting or appearing in any theater, motion picture or television production while actually engaged in representing therein military or naval characters or scenes.

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CHAPTER 469 STATE OF DELAWARE EXECUTIVE DEPARTMENT PROCLAMATION

From the early days of Delaware, first as a Colony, and then as a Sovereign State of the Union, its able-bodied manpower has been its bulwark against all threats of insecurity. In the days when this was a pioneer community it was largely a matter of individual protection by the individuals themselves, and in later colonial days, the term "militia" meant any able-bodied man capable of bearing arms. As times changed and the military protection of the country progressed, this was referred to as the unorganized militia, and then later, the organized militia of the State of Delaware. It is interesting to note on this occasion that our State was divided into military districts and each district designated certain days of the year at which time it was to muster its militia for roll call and inspection. All this was directed toward one ultimate end, and that was that the homes and lives of our citizens be protected from every peril, no matter its form.

 

In our War for Independence, the State of Delaware furnished its own regiments. In the War of 1812, the Civil War, the Spanish-American War, and World War I and II, it did the same. The victory that we have won in this last war will be a dubious one unless the peace that we seek can be materially realized. Today the greatest single unit in our structure of national defense is the National Guard of the United States, which is now in its first year of reorganization after World War II.

By the Governor:

WALTER W. BACON

 

20 Del. Code § 171. Governor as Commander in Chief; Call out of National Guard for State Duty.

(a) When the Governor has determined that it is in the best interest of the state, the Governor by order may:

(1) Call out any unit or units, member or members of the Delaware National Guard to serve in a state duty status to respond to any emergency situation.

(2) Call out any member or members of the Delaware National Guard to serve on state duty status to plan for any emergency.

(3) Call out any unit or units, member or members of the Delaware National Guard to serve on state duty to fulfill obligations under any interstate

emergency agreements or compacts; and such troops may be employed within or outside of Delaware as required by the agreement or compact. (4) Call out units or members of the Delaware National Guard for training or review as deemed appropriate subject to funding availability.

(b) The Governor shall serve as commander-in-chief of the Delaware National Guard when it is not in federal service.

 

20 Del. Code § 172. Proclamation of state of insurrection.

Whenever any portion of the Delaware National Guard is employed in aid of the civil authority, the Governor, if in the Governor’s judgment the maintenance of law and order will thereby be promoted, may by proclamation declare the county or city in which the troops are serving, or any specified part thereof, to be in a state of insurrection.

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DC § 49–405. Ordering enrolled militia into service.

Whenever it shall be necessary to call out any portion of the enrolled militia the Commander-in-Chief shall order out, by draft or otherwise, or accept as volunteers as many as required. Every member of the enrolled militia who volunteers, or who is ordered out or drafted under the provisions of this chapter, who does not appear at the time and place designated, may be arrested by order of the Commanding General and be tried and punished by a court-martial. The portion of the enrolled militia ordered out or accepted shall be mustered into service for such period as may be required, and the Commanding General may assign them to existing organizations of the active militia, or may organize them as the exigencies of the occasion may require.

DC Code § 49-406. Organized Militia; Volunteer Service; Designation.

The organized militia shall be composed of volunteers, and shall be designated the National Guard of the District of Columbia.

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2011 Florida Statutes

250.02 Militia.—

(1) The militia consists of all able-bodied citizens of this state and all other able-bodied persons who have declared their intention to become citizens.

(2) The organized militia is composed of the National Guard and any other organized military forces that are authorized by law.

(3) The unorganized militia is composed of all persons who are subject to military duty but who are not members of units of the organized militia.

(4) Only persons exempt from military duty by the terms of federal law are exempt from military duty in this state.

 

FLORIDA NAVAL MILITIA & FLORIDA MARINE CORPS

Fla. Stat. § 250.04 Naval militia; marine corps.--

The Governor may organize a naval militia and a marine corps in accordance with federal law governing the Naval Militia or Marine Corps of the United States and regulations issued by the Secretary of the Navy for the governing of the United States Navy, Naval Militia, and Marine Corps.

 

FLORIDA NATIONAL GUARD

Fla. Stat. § 250.07 Florida National Guard; composition; departmental organization.--

(1) The Florida National Guard shall consist of enlisted personnel, commissioned officers, and warrant officers who are citizens of the United States, or who have declared their intention to become citizens of the United States, organized, armed, equipped, and federally recognized, in accordance with the laws of the state and the laws and regulations of the Department of the Army and the Department of the Air Force. The Florida National Guard shall include separate components for the Army and Air Force.

(2) All general officers of the Florida National Guard must be federally recognized and appointed by the Governor, subject to confirmation by the Senate.

 

STATE DEFENSE FORCE NOT FOR FEDERAL SERVICE

Fla. Stat. § 251.08 Federal service.--

Nothing in this chapter shall be construed as authorizing such Florida State Defense Force, or any part thereof, to be called, ordered, or in any manner drafted, as such, into the military service of the United States; but, no person shall, by reason of her or his enlistment or commission in any such Florida State Defense Force, be exempted from military service under any law of the United States.

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Georgia Code

 

TITLE 38.  MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS
CHAPTER 2.  MILITARY AFFAIRS
ARTICLE 1.  STATE MILITIA GENERALLY
PART 3.  STATE DEFENSE FORCE

 

O.C.G.A. § 38-2-50  (2012)
§ 38-2-50.  Creation or disbandment; organization and administration; commander

 

The State Defense Force may be created, established, maintained, or disbanded by the Governor at any time when such action is authorized under federal law. It shall be organized, armed, equipped, disciplined, governed, administered, and trained as prescribed by this chapter and the regulations issued thereunder, in conformance with the laws of the United States. Whenever such a state force shall be organized, it shall be commanded by a brigadier general.

HISTORY:Ga. L. 1917, p. 91, § 1; Code 1933, § 86-1501; Ga. L. 1951, p. 311, § 27; Ga. L. 1955, p. 10, §§ 30, 55; Ga. L. 1985, p. 356, § 4.

 

 

 

 

O.C.G.A. 38-2-3 (2010)

38-2-3. Division and composition of militia; membership of unorganized militia

(a) The militia of the state shall be divided into the organized militia, the state reserve list, the state retired list, and the unorganized militia.

 

(b) The organized militia shall be composed of:

 

(1) 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 Georgia National Guard;

 

(2) The Georgia Naval Militia whenever such a state force shall be duly organized; and

 

(3) The State Defense Force whenever such a state force shall be duly organized.

 

© The state reserve list and the state retired list shall include the persons who are lawfully carried thereon and such persons as may be transferred thereto or placed thereon by the Governor in accordance with this chapter.

 

(d) Subject to such exemptions from military duty as are created by the laws of the United States, the unorganized militia shall consist of all able-bodied male residents of the state between the ages of 17 and 45 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.

GA Code § 38-2-5.

When the militia of the state is called into federal service 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 is insufficient, the Governor may call for and accept from the unorganized militia as many volunteers as are required for service in the organized militia. During the absence of the organized militia in the service of the United States, their state designations shall not be given to new organizations.

 

GA Code § 38-2-72.

(a) Whenever it is necessary in case of invasion, disaster, insurrection, riot, breach of the peace, or combination to oppose the enforcement of the law by force or violence, or imminent danger thereof, or whenever it is necessary to maintain the organized militia or any force thereof at the number required for public safety or prescribed by the laws of the United States, 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 or any force thereof.

 

(b) Whenever it is necessary in time of war or in case of invasion, disaster, or other like emergency, or imminent danger thereof, the Governor may direct the members of the unorganized militia or such of them as may be necessary to be drafted under such regulations as he may prescribe into the active service of the state and to serve as directed by him.

 

© Whenever members of the unorganized militia are drafted into the active service of the state, they shall serve for such period as the Governor may direct, not to exceed the duration of the emergency for which they may be drafted. The compensation of all members of the unorganized militia, while on duty or assembled pursuant to this Code section, shall be paid in the manner prescribed by Code Section 38-2-250.

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2013 Hawaii Revised Statutes TITLE 10. PUBLIC SAFETY AND INTERNAL SECURITY 121. Militia; National Guard

§121-1 Militia.

The militia of the State shall consist of every resident able-bodied citizen of the United States who is seventeen years old or older and under forty-six years of age and all other able-bodied residents of that age who have declared their intention to become citizens of the United States. The militia shall be composed of four classes:

(1) The federally organized and recognized national guard,

 

(2) The remainder of the organized militia to be known as the Hawaii state defense force,

 

(3) The naval militia,

 

(4) The unorganized militia.

 

The unorganized militia shall consist of those members of the militia who are not members of the national guard, the naval militia, or the state defense force. The unorganized militia shall be subject to active military duty only when called or ordered into the service of the State for such period as is required. They may be assigned to existing organizations of the Hawaii national guard, the naval militia, or the state defense force, or otherwise as the exigencies require.

 

§121-3 Government Employees.

In case of a state of war, insurrection, rebellion, or of resistance to the execution of the laws of the United States, or of the State, proclaimed by the President or by the governor as appropriate, all employees of the State and political subdivisions thereof who are not physically disabled and who are not members of the national guard, naval militia, or state defense force shall, upon the order of the governor, report for duty with organizations designated by the governor.

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IDAHO TITLE 46 MILITIA AND MILITARY AFFAIRS CHAPTER 1 STATE MILITIA — ORGANIZATION AND STAFF 46-103. STATE MILITIA — DIVISION INTO CLASSES.

The militia of the state of Idaho shall be divided into three (3) classes, to wit:

The national guard, the organized militia, and the unorganized militia. The national guard shall consist of enlisted personnel between the ages of seventeen (17) and sixty-four (64), organized and equipped and armed as provided in the national defense act, and of commissioned officers between the ages of eighteen (18)and sixty-four (64) years, who shall be appointed and commissioned by the governor as commander-in-chief, in conformity with the provisions of the national defense act, the rules and regulations promulgated thereunder, and as authorized by the provisions of this act. The organized militia shall include any portion of the unorganized militia called into service by the governor, and not federally recognized. The unorganized militia shall include all of the militia of the state of Idaho not included in the national guard or the organized militia.

 

Id Stat § 46-106. Organized Militia --

Organization When Called into Active Service. Whenever the governor as commander-in-chief, shall call into the active service of the state the unorganized militia or any part thereof, it shall be organized into such units and shall be armed and equipped in such manner as the governor in his discretion shall deem proper. The officers thereof, shall be appointed and commissioned by the governor under such rules and regulations as he may deem expedient to promulgate.

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(20 ILCS 1805/) Military Code of Illinois.

(20 ILCS 1805/Art. I heading)ARTICLE I. STATE MILITIA IN GENERAL

(20 ILCS 1805/1) (from Ch. 129, par. 220.01)

Sec. 1. All able-bodied citizens of this State and all other able-bodied residents in this State who have declared their intention to become citizens of the United States, between the ages of 18 and 45, except such as are expressly exempted by the laws of the United States and the State of Illinois, shall be subject to military duty and designated as the Illinois State Militia.

(Source: Laws 1957, p. 2141.)

 

(20 ILCS 1805/1.01) (from Ch. 129, par. 220.001)

Sec. 1.01. This Act may be cited as the Military Code of Illinois.

(Source: P.A. 86-1475.)

 

(20 ILCS 1805/2) (from Ch. 129, par. 220.02)

Sec. 2. The Illinois State Militia shall be divided into two classes: the Organized and the Unorganized Militia.

(Source: Laws 1957, p. 2141.)

(20 ILCS 1805/3) (from Ch. 129, par. 220.03)

Sec. 3. Whenever all or a portion of the Illinois National Guard is called or ordered into the active military service of the United States by the President of the United States or the Congress of the United States it shall be the duty of the Governor as Commander-in-Chief to furnish such troops, and the Governor as Commander-in-Chief may, by his proclamation, organize the Illinois State Guard under the provisions of the Illinois State Guard Law.

(Source: P.A. 85-1241.)

 

(20 ILCS 1805/4) (from Ch. 129, par. 220.04)

Sec. 4. The intent of this Act and all Acts of the State of Illinois affecting the Illinois National Guard and Unorganized Militia is to conform to all Acts and regulations of the United States affecting the same subjects, and all Acts of the State of Illinois shall be construed to effect this purpose.

(Source: P.A. 85-1241.)

 

20 IL Compiled Stat 1805/3

Whenever all or a portion of the Illinois National Guard is called or ordered into the active military service of the United States by the President of the United States or the Congress of the United States it shall be the duty of the Governor as Commander-in-Chief to furnish such troops, and the Governor as Commander-in-Chief may, by his proclamation, organize the Illinois State Guard under the provisions of the Illinois State Guard Law.

 

20 Ill.Compiled Stat. 1805/8.

In time of peace the strength of the Organized Militia shall not be less than 6,000 and not more than 45,000 officers, warrant officers and enlisted personnel.

The Governor as Commander-in-Chief shall have power in case of war, insurrection, invasion or imminent danger thereof, to increase the forces beyond the 45,000 and organize them as the exigencies of the service may require

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Indiana Code Title 10. Public Safety § 10-16-6-2

Sec. 2. The militia shall be divided into two (2) classes, the sedentary militia and the national guard, as follows:

 

(1) The sedentary militia consists of all persons subject to bear arms under the Constitution of the State of Indiana who do not belong to the national guard.

 

(2) The national guard consists of those able-bodied citizens between the proper ages as established by this article who may be enrolled, organized, and mustered into the service of the state as provided in this article.  The organized militia of the state constitutes and shall be known as the Indiana national guard.

 

10 Indiana Code § 16-7-7 Governor; Ordering on State Duty; Immunity from Civil Prosecution; Order or Requisition by President of the United States

(a) The governor shall order on state duty all or part of the national guard in the following cases: (1) War. (2) Invasion. (3) Insurrection. (4) Public disaster. (5) Breach of the peace or imminent danger of breach of the peace. (6) Forcible obstruction of the execution of the laws, or reasonable belief that the execution of the laws will be obstructed. (7) At any other time the governor considers necessary.

 

10 Indiana Code § 16-7-9 Sheriffs; Requesting National Guard Be Called to Active Duty

(a) If:

(1) insurrection, rebellion, invasion, tumult, riot, resistance to law or process, breach of the peace, or public disaster, occurs in the vicinity of a station of the Indiana national guard;

(2) the exigencies of a situation make it impossible for the senior commanding officer of the Indiana national guard station to communicate with the governor or the adjutant general; and

(3) the sheriff of the county involved or an officer acting on behalf of the sheriff provides the senior commanding officer of the Indiana national guard station with a written request signed by the sheriff of the county involved or officer stating the facts and the nature of the service desired; the senior commanding officer may order out the Indiana national guard units at that station and cause them to perform whatever duty is required by the circumstances.

(b) A commanding officer who has called out Indiana national guard units as described in subsection (a) shall immediately report what that officer has done and all the circumstances of the case to the governor. The actions performed shall be considered to have been taken by order of the governor.

 

10 Indiana Code § 16-7-10 Written orders calling to active duty; discretion in carrying out orders

An officer whose command is called out under section 9 of this chapter and who is reporting to any civil officer may require the civil officer to make

 

the order in writing and prescribe the outline of the duties required of the officer and the officer’s command. The officer may decline to obey the orders until the orders are put in writing. Although the commanding officer must obey all lawful written orders of the civil officer, the military officer may use the officer’s discretion as to the manner of carrying out the orders if the officer complies with their spirit.

 

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2013 Iowa Code TITLE I STATE SOVEREIGNTY AND MANAGEMENT SUBTITLE 11 DEFENSE CHAPTER 29A MILITARY CODE 29A.1 Definitions.

The following words, terms, and phrases when used in this chapter shall have the respective meanings herein set forth:

 

1. Civil air patrol means the civilian auxiliary of the United States air force established by the United States Congress in 36 U.S.C. § 40301 et seq., and 10 U.S.C. § 9441 et seq.

 

2. Facility means the land, and the buildings and other improvements on the land which are the responsibility and property of the Iowa national guard.

 

3. Federal active duty means full-time duty in the active military service of the United States authorized and performed under the provisions of Tit. 10 of the United States Code.

 

4. Homeland defense means the protection of state territory, population, and critical infrastructure and assets against attacks from within or without the state.

 

5. Law and regulations means and includes state and federal law and regulations.

 

6. Militia shall mean the forces provided for in the Constitution of Iowa.

 

7. National guard means the Iowa units, detachments and organizations of the army national guard of the United States, the air national guard of the United States, the army national guard, and the air national guard as those forces are defined in 10 U.S.C. § 101.

 

8. National guard duty means training or other duty authorized and performed under the provisions of 32 U.S.C. including but not limited to 32 U.S.C. § 316, 32 U.S.C. § 502 505, and 32 U.S.C. § 709 as part of the national guard and paid for with federal funds. National guard duty includes but is not limited to full-time national guard duty and inactive duty training and annual training.

 

9. Officer shall mean and include commissioned officers and warrant officers.

 

10. On duty means training, including unit training assemblies, and other training, operational duty, and other service which may be required under state or federal law, regulations, or orders, and the necessary travel of an officer or enlisted person to the place of performance and return home after performance of that duty, but does not include federal active duty. A member of the national guard shall be considered to be on duty when called to testify about an incident which the member observed or was involved in while that member was on duty.

 

11. Organization means a command composed of two or more subordinate units and includes the state headquarters for both the army and the air national guard, one or more divisions, wings, brigades, groups, battalions, squadrons or flights as defined by an appropriate table of organization, a table of distribution or unit personnel document.

 

12. State active duty means duty authorized and performed under section 29A.8 and paid for with state funds. State active duty also includes serving as the adjutant general, a deputy adjutant general, or the state quartermaster.

 

13. Unit means a military element of an organization whose structure is prescribed by competent authority such as a table of organization, table of distribution, or unit personnel document. For the purposes of this chapter, a unit shall include one or more companies, flights, troops, batteries or detachments and the state officer candidate school.

 

14. Except when otherwise expressly defined herein military words, terms and phrases shall have the meaning commonly ascribed to them in the military profession.

1 Iowa Code 29A.53 Call by president of U. S.

Whenever the United States is invaded or in danger of invasion from any foreign nation, or of rebellion against the authority of the government of the United States, or the president is unable, with the regular forces at the president’s command, to execute the laws of the union, it shall be lawful for the president to call forth such number of the national guard as the president may deem necessary to assist in repelling such invasion, suppressing such rebellion, or to assist in enabling the president to execute such laws, and to issue orders for that purpose, through the governor to such officers of the national guard as the president may think proper; and the president may specify, in the call, the period for which such service is required, and the guard so called forth shall continue to serve during the term so specified, either within or without the territory of the United States, unless sooner relieved by order of the president.

 

Whenever the president shall require, in any of the designated instances, more troops than can be supplied by the national guard, the governor shall, in the governor’s discretion, organize forthwith such other national guard forces as the governor may deem necessary, or order into the service of the United States so many of the unorganized militia of the state as is required, designating the same by draft if a sufficient number do not volunteer, and shall commission officers therefor.

 

Officers and enlisted personnel called into federal service through the national guard shall upon completion of such service continue to serve the balance of their enlistment period the same as though it had not been interrupted by such service.

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2015 Kansas Statutes Chapter 48 MILITIA, DEFENSE AND PUBLIC SAFETY Article 1 CLASSIFICATION OF MILITIA 48-101 Persons subject to military duty; classes.

48-101. Persons subject to military duty; classes. All persons subject to military duty under the constitution of this state and not exempt therefrom by the provisions of this act, and such other persons as shall voluntarily enroll themselves, shall be divided into three (3) classes, to wit: One consisting of the federally recognized national guard, which shall be known as the "Kansas army and air national guard"; one consisting of those able-bodied male citizens prescribed and contemplated in article 8 of the constitution of this state not in the "Kansas army and air national guard" which shall be known as "the militia"; and one to consist of all those subject to military duty, but not included in the "Kansas army and air national guard" or "the militia" to be known as the "Kansas military reserve."

Kansas Statute 48-505. Use without state, when.

Such forces shall not be required to serve outside the boundaries of this state except that 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.

 

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 such person 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.

 

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5 Kentucky Rev. Stat. 38.030 Ordering Troops into State Active Duty

(1) Only the Governor shall have the authority to order units and members

(a) The Governor may order units and individual members of the Kentucky National Guard into state active duty for any of the following purposes:

1. Protecting lives and property;

2. Assisting in disaster relief or other humanitarian efforts;

3. Preventing or suppressing riot or civil disorder;

4. Enforcing the laws of the Commonwealth; or

5. Other similar purpose.

 

48-502. Organization; rules and regulations.

The governor is hereby authorized to prescribe rules and regulations not inconsistent with the provisions of this act governing the enlistment, organization, administration, equipment, maintenance, training and discipline of such forces: Provided, Such rules and regulations, insofar as the governor deems practicable and desirable, shall conform to existing law governing and pertaining to the national guard and the rules and regulations promulgated thereunder, and shall prohibit the acceptance of gifts, donations, gratuities or anything of value by such forces or by any members of such forces from any individual, firm, association, or private corporation by reason of such membership.

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2013 Louisiana Laws Revised Statutes TITLE 29 - Military, Naval, and Veteran's Affairs RS 29:3 - Militia

§3. Militia

A. All able-bodied persons between the ages of seventeen and sixty-four residing in this state and who are not exempt by the laws of the United States of America or of this state constitute the militia of Louisiana and are subject to military duty.

B. The militia is divided into two classes, the organized militia and the unorganized militia.

(1) The organized militia consists of the national guard, the Louisiana State Guard and other organized military forces which may be authorized by law.

(2) The unorganized militia consists of all other persons subject to military duty.

 

29 La.Rev.Stat. § 7. Calling Militia for Active Service by Governor; Homeland Security and Emergency Preparedness; Public Emergency

A. The governor may order into the active service of the state any part of the militia that is necessary to provide for homeland security or emergency preparedness or in the event of insurrection, invasion, or riot, or imminent danger thereof, or in the event of public disaster or danger from flood, fire, storm, earthquake, civil disturbances, terrorist events, or in order to detect, prevent, prepare for, investigate, respond to, or recover from any of the foregoing, or to assist the civil authorities in guarding prisoners, or in response to a national or state emergency or a congressional authorization or presidential declaration pursuant to the War Powers Resolution (50 U.S.C. 1541 et seq.).

B. When called to state service by the governor as provided in Subsection A, members of the Louisiana National Guard and military police shall, unless otherwise restricted by the executive orders, proclamations, or regulations or the orders of their commander, have all of the powers and authority of peace officers, including but not limited to the powers to make arrests, to perform searches and seizures, to execute criminal warrants, and to exercise such other powers and duties of a peace officer as are reasonably necessary to preserve the lives, property, and security of persons in the subject civil jurisdiction, all in accordance with the laws and constitutions of Louisiana and the United States of America.

C. When the active National Guard, or a part thereof, is called to duty under the constitution and laws of the United States of America, the governor shall order into service the remaining units of the active National Guard, if any, or any part thereof that is necessary.

D. If the number of persons available from the active national guard is not sufficient, he shall order out whatever part of the Unorganized Militia necessary. During the absence of active national guard organizations in the service of the United States of America, their state designations shall not be given to new organizations.

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§224. Maine State Guard

The Governor may organize and maintain within this State in time of peace or war or other emergency, the Maine State Guard, which organization and maintenance of the Maine State Guard shall be consistent with federal regulations prescribing the organization, standard of training, instruction and discipline of state military forces. [1983, c. 460, §3 (NEW).]

 

1. Composition. When activated, the Maine State Guard shall be composed of those persons enlisted, appointed or commissioned from the militia and other able-bodied citizens of the State and such other able-bodied soldiers and sailors who have previously served honorably in the United States Armed Services or the National Guard. A person may not become a member of the Maine State Guard, if he is a member of the National Guard or any component of the United States Armed Forces, active or reserve.

[ 1983, c. 460, §3 (NEW) .]

2. Administration; rules. The Governor may from time to time prescribe rules not inconsistent with this section, for the enlistment, designation and location of units, and the organization, administration, equipment, maintenance, training and discipline of the Maine State Guard. The organization shall not conflict with the laws of the United States or of this State as applicable to the state military forces, generally. These rules, insofar as the Governor deems practicable and desirable, shall conform to existing laws, rules and regulations pertaining to the National Guard. The oath to be taken by officers and enlisted men in the Maine State Guard shall be substantially the same as that prescribed for officers and enlisted men of the National Guard. The words "Maine State Guard" shall be substituted where necessary. The term of service of officers or enlisted men in the Maine State Guard shall be the same as that prescribed for officers and enlisted men of the National Guard.

[ 1983, c. 460, §3 (NEW) .]

3. Officers; appointment; authority. The Governor, acting by and through the Adjutant General, shall appoint officers for such units and organizations of the Maine State Guard as he may establish in conformance with applicable federal regulations, and these officers shall, subject to removal by the Commander in Chief, exercise the same military authority over their several commands as officers of the National Guard.

[ 1983, c. 460, §3 (NEW) .]

4. Pay and allowances. The pay and allowances of members of the Maine State Guard when called to active state service are the same as provided in section 143. When the Maine State Guard is organized for inspection and drill purposes only, no pay is authorized.

[ 2001, c. 662, §26 (AMD) .]

5. Requisitions. For the use of the Maine State Guard, the Governor may requisition from the United States Secretary of the Army arms, ammunition, clothing and equipment which the United States Secretary of the Army in his discretion, and under regulations determined by him, may issue and may make available to the Maine State Guard the facilities of state armories and their equipment and other state premises and property which are available.

[ 1983, c. 460, §3 (NEW) .]

6. Enlistment of civil groups. No civil organization, society, club, post, order, fraternity, association, brotherhood, body, union, league or other combination of persons or civil group may be enlisted in the Maine State Guard as an organization or unit.

[ 1983, c. 460, §3 (NEW) .]

7. Federal service. Nothing in this subsection may be construed as authorizing the Maine State Guard or any part thereof, to be called, ordered or in any manner drafted as a unit into the military service of the United States. No person may, by reason of his enlistment or commission in the Maine State Guard, be exempted from military service under any law of the United States.

[ 1983, c. 460, §3 (NEW) .]

8. Disqualifications. No person may be commissioned or enlisted in the Maine State Guard who has been expelled or dishonorably discharged from any military or naval organization of this State, of another state or of the United States, or who has been convicted of a felony in any court of this State, of another state or of the United States.

Chapter 3: MILITARY BUREAU

Subchapter 3: ACTIVATION OF STATE MILITARY FORCES 37B Me.Rev.Stat. § 181-A. Authority to activate

1. By order of the Governor. The Governor may order members of the state military forces to active state service in the case of, or imminent danger of, insurrection, invasion, tumult, riot, conspiracy to commit a felony or threat of violence to persons or property or upon the reasonable apprehension thereof; or for the safety of the inhabitants of this State; or, in the case of actual or imminent public disaster, to the aid of any civil authority. [1995, c. 600, §2 (new).]

 

2. By order of a justice or sheriff. In case of, or in the event of imminent danger of, insurrection, invasion, tumult, riot or conspiracy to commit a felony, to offer violence to persons or property or by force to break the laws of this State or the United States, a Justice of the Supreme Judicial Court or a Justice of the Superior Court or a county sheriff may request in writing aid from a commanding officer in the state military forces. The commanding officer to whom the request is made shall order out, in aid of the civil authorities, all or part of the military forces under that commanding officer’s command and shall immediately report to the Adjutant General and to that commanding officer’s military superior for further instructions. The commanding officer may receive only general directions from the civil authority requesting the aid and remains strictly responsible to the commanding officer’s military superior for the manner in which the troops are used to accomplish the desired end. [1995, c. 600, §2 (new).]

 

3. Upon request of local officials. In the event of an emergency requiring immediate action, the commanding officer, upon written request of the mayor of a city, the municipal officers of a town or a municipality, may order out, for the defense or protection of the community, the forces under the commanding officer’s command or any part of those forces. The commanding officer shall immediately report to the Adjutant General and to the commanding officer’s immediate commanding officer for further instructions.

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Maryland Public Safety Section 13-203

§ 13-203.

(a) There are two classes of State militia:

(1) the organized militia; and

(2) the unorganized militia.

(b) The organized militia of the State consists of:

(1) the National Guard;

(2) the Inactive National Guard; and

(3) the Maryland Defense Force.

© The unorganized militia consists of those individuals described under § 13-202 of this subtitle but who are not regularly enlisted or commissioned in the organized militia.

 

Md. Code PUBLIC SAFETY § 13-506. Use Outside of this State.

(a) In general.- Except as provided in subsections (b) and © of this section, the Maryland Defense Force may not be required to serve outside the State.

 

(b) Request of governor of another state.-

(1) On request of the governor of another state, the Governor of this State may order the Maryland Defense Force to serve outside the State to

 

assist the military or law enforcement forces of the other state that are actually defending that state. (2) The Governor of this State may recall the Maryland Defense Force from the other state.

 

© Fresh pursuit.- If fresh pursuit is authorized by law of another state, any organization, unit, or detachment of the Maryland Defense Force, on the order of the commanding officer of the organization, unit, or detachment, may continue in fresh pursuit of insurrectionists, saboteurs, or enemies outside of this State into the other state until:

 

(1) the insurrectionists, saboteurs, or enemies are apprehended; or

 

(2) the military or law enforcement forces of the other state or forces of the United States have had a reasonable opportunity to pursue or apprehend the insurrectionists, saboteurs, or enemies.

 

(d) Surrender of captured persons.-

(1) An organization, unit, or detachment of the Maryland Defense Force shall surrender without unnecessary delay an individual apprehended

 

in another state to the military or law enforcement force of: (i) the state of apprehension; or

 

(ii) the United States.

(2) The surrender of an individual apprehended under paragraph (1) of this subsection to the military or law enforcement forces of another state

 

is not a waiver by this State of the right to extradite or prosecute the individual for a crime committed in this State.

 

Md. Code PUBLIC SAFETY § 13-507. Pursuit by Military Forces of Other States.

(a) In general.- A military force or an organization, unit, or detachment of a military force of another state that is in fresh pursuit of insurrectionists, saboteurs, or enemies may:

 

(1) continue pursuit into this State until the military or law enforcement force of this State or the forces of the United States have had a reasonable opportunity to pursue or apprehend the insurrectionists, saboteurs, or enemies; and

 

(2) arrest an insurrectionist, saboteur, or enemy apprehended in this State while in fresh pursuit.

(b) Surrender of captured persons.- A military force of another state that arrests an individual in this State shall surrender without unnecessary delay

 

the individual to the military or law enforcement force of this State or the United States to be dealt with according to law. © Construction.-

 

(1) This section does not make unlawful an arrest in this State that would otherwise be lawful.

 

(2) This section does not repeal any provision of the Uniform Act on Fresh Pursuit under Title 2, Subtitle 3, Part II of the Criminal Procedure Article.

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Commonwealth of Massachusetts

Section 2: Membership

Section 2. The militia of the commonwealth shall consist of: (i) all able-bodied citizens and all other able-bodied persons who have declared their intention to become citizens of the United States, between the ages of 18 and 45, and who are residents of the commonwealth; and (ii) such other persons who, upon their own application, enlist or are commissioned pursuant to this chapter, subject to exemptions created by law.

 

Section 3: Organized and unorganized militia

Section 3. The militia shall consist of two classes, namely, the organized militia, composed and organized as provided in this chapter, and the remainder, to be known as the unorganized militia. The unorganized militia shall not be subject to duty except in case of war, actual or threatened, invasion, the prevention of invasion, threats to homeland security and the assisting of civil officers in the execution of the laws.

 

 

Ma.Gen.Laws § 33-4 Organized Militia, Composition

The active or organized militia shall be composed of volunteers, and shall comprise the aides-de-camp of the Commander-in-chief, the state staff, the armed forces of the commonwealth as defined in section ten, the National Lancers, the retired list, persons employed as air defense technicians on the on-site missile program, and a special quartermaster detachment of enlisted personnel duly appointed as armorers in the various armories or air installations of the commonwealth.

 

The organized militia shall constitute the military division of the executive branch of the commonwealth.

 

Ma.Gen.Laws § 33-4A National Lancers; organization

The National Lancers shall be organized as the commander-in-chief directs, and may retain its name and the right to wear such distinctive uniform as may be approved by the commander-in-chief, and its ancient privileges, including its method of selecting its officers and conducting its internal affairs, so long as the same are not repugnant to the laws of the commonwealth or of the United States. Said organization may use land and stable facilities belonging to the commonwealth for its activities, equipment and exercises without charge and may receive from the commonwealth, its departments, divisions or bureaus or the federal government, without charge, any surplus equipment, goods, or other materials, as are available, provided that all such equipment, goods and materials remain the property of the commonwealth and are accounted for as such.

 

Section 11 National Guard; Composition

The National Guard, Army or Air, shall consist of such organizations and units as the commander-in-chief may from time to time authorize to be formed, all to be organized in accordance with the laws of the United States affecting the national guard, army and air, and the regulations issued by the appropriate secretary of the department of defense.

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CHAPTER 1 GENERAL PROVISIONS

32.501 Michigan military act; short title.

Sec. 101. This act shall be known and may be cited as the “Michigan military act”. History: 1967, Act 150, Imd. Eff. June 30, 1967.

 

32.503 Michigan military act; intent, construction.

Sec. 103. It is the intent of this act and other acts of this state affecting the Michigan national guard, the Michigan defense force and the unorganized militia to conform to applicable acts and regulations of the United States. The laws of this state shall be construed to effect this intent, and anything to the contrary shall be held to be null and void as long as the subject matter shall have been acted upon by the United States. Upon any subject not acted upon with reference to these matters by the United States, any law or regulation of this state shall be in full force and effect.

 

32.509 State military establishment; composition; organized and unorganized militia.

Sec. 109. The organized militia of this state taken collectively shall be known as the state military establishment and constitutes the armed forces of this state. The organized militia consists of the army national guard, the air national guard, and the defense force when actually in existence as provided in this act. The unorganized militia consists of all other able-bodied citizens of this state and all other able-bodied citizens who are residents of this state who have or shall have declared their intention to become citizens of the United States, who shall be age 17 or over and not more than age 60, and shall be subject to state military duty as provided in this act.

 

Mi.Comp.Laws § 32.555 Unorganized militia; power of the governor.

Sec. 155.

The governor may order into the defense force any members of the unorganized militia in case of riot, tumult, breach of the peace, resistance of process, or for service in aid of civil authority, whether state or federal, or in time of public danger, disaster, crisis, catastrophe or other public emergency within this state.

 

32.651 Michigan Emergency Volunteers; Conditions for Activating; Aid to Civil Authority Missions; Limitation on Organization;

Sec. 251.

(1) When the president calls or orders all or part of the national guard into federal service in time of a national emergency or when it appears that the national guard may be called to federal service, the governor, as commander-in-chief, may activate within the military establishment such number of units to be known as the Michigan Emergency Volunteers, as the governor considers necessary for adequate emergency assistance to the state. When activated by proper authority, the Michigan Emergency Volunteers shall perform only aid to civil authority missions formerly reserved for the National Guard as determined by the department of military affairs in cooperation with the Department of State Police and the State Emergency Preparedness Plan. During times other than a national emergency, organization of the Michigan Emergency Volunteers shall not exceed 15% of the Michigan National Guard authorized strength.

(5) As used in this act, a reference to the Michigan Defense Force means the Michigan Emergency Volunteers.

(7) Members of the Michigan Emergency Volunteers shall not be equipped with any type of weapon except under the following conditions:

 

(a) The president has called or ordered all or part of the National Guard into federal service in time of a national emergency and the mission of the Michigan Emergency Volunteers to whom weapons are issued consists primarily of the protection of public property.

 

(b) During training to be conducted by the National Guard or State Police in the proper use of such weapons.

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2016 Minnesota Statutes Chapters 190 - 195 — MILITARY AFFAIRS Chapter 190 — MILITARY FORCES Section 190.06 — MILITIA; MEMBERS; EXEMPTIONS.

Subdivision 1. Composition. The militia shall consist of:

 

(1) all able-bodied citizens of the state and other able-bodied persons residing in the state who have or shall have declared their intention to become citizens of the United States, when so authorized by federal law, who comply with the minimum age requirements for federal regular military service under United States Code, title 10, section 505, and who are not more than 45 years of age; provided, that the governor may, when the governor deems it necessary for the defense of the state, extend the maximum age for militia service to not more than 64 years; and

 

(2) persons who enlist in, are commissioned in, or are otherwise appointed to the Minnesota National Guard in accordance with applicable federal law and regulation, including enlisted members, warrant officers, and commissioned officers.

 

Subd. 2. Classes. The militia shall be divided into two classes, the organized militia and the unorganized militia. The organized militia shall consist of the following:

 

(1) the National Guard;

 

(2) the State Guard, which shall comprise all organized components of the militia except the National Guard.

 

The unorganized militia shall consist of all other members of the militia.

 

Subd. 3. Noncombatant service.

The governor may authorize the appointment or enlistment of citizens of the state and all other persons, who have or shall have declared their intention to become citizens of the United States, in the medical corps and other noncombatant branches and services of the organized militia, and while so serving they shall have the same status as members of the military forces.

 

Subd. 4. Exemptions from military duty.

The officers, judicial and executive, of the government of the United States and of the states; persons in the military or naval service of the United States; custom house clerks, persons employed by the United States in the transmission of the mail; artificers and workers 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 all be exempt from militia duty without regard to age, and all persons who because of religious beliefs shall claim exemption from military service if the conscientious holding of such belief by such person shall be established under such regulations as the President of the United States shall prescribe, shall be exempt from militia service in a combatant capacity; but no person so exempted shall be exempt from militia service in any capacity that the President of the United States shall declare to be noncombatant.

 

Mn Stat. § 190.025 Fresh Pursuit.

Subdivision 1. Entry into Other States. 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, 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 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 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 the person 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.

 

Subd. 2. Military Forces of Other States May Enter State.

Any military forces 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 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.

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2013 Mississippi Code Title 33 - MILITARY AFFAIRS Chapter 5 - THE MILITIA AND MISSISSIPPI STATE GUARD THE MILITIA § 33-5-1 - Composition of the Militia

The militia of the State of Mississippi shall consist of all able-bodied citizens of the state between the ages of seventeen (17) and sixty-two (62) years, who are not exempt by law of this state or of the United States, together with all other able-bodied persons who shall voluntarily enlist or accept commission, appointment or assignment to duty therein, subject to such classifications as may be hereinafter prescribed. The militia shall be divided into three (3) classes: The National Guard, the Mississippi State Guard, and the unorganized militia. The unorganized militia shall consist of all persons liable to service in the militia, but not members of the National Guard or the Mississippi State Guard.

 

A seventeen-year-old person shall not be allowed to enlist or be assigned to duty without the written consent of both parents, if living, or one (1) parent if one (1) is deceased, or if both parents are deceased, the guardian of such person.

 

Ms. Code § 33-7-1. Composition and Organization of the Mississippi National Guard.

(a) The Mississippi National Guard shall consist of the organized militia within the ages prescribed by federal law and regulations, organized, armed and equipped as hereinafter provided, and of commissioned officers and warrant officers within the ages and having the qualifications prescribed by federal law and regulations. The number of officers and enlisted men of the national guard and the grades and designations thereof shall be as now or hereafter prescribed by federal law and regulations relating to the national guard, and all commissions and promotions shall be in accordance with the aforesaid regulations.

 

(b) The Mississippi National Guard shall be divided into such organizations and units as may now or hereafter be prescribed for this state by federal law or regulations, consisting of that portion of the national guard of the United States apportioned and assigned to this state in accordance with tables of organizations prescribed by the department of defense and approved by the governor of Mississippi.

 

© The Governor shall have power to increase the national guard by voluntary enlistment or by draft, and to organize the same, with proper officers, as the necessities of the service may require, in the manner provided for in Sections 33-5-1 through 33-5-17 of Chapter 5 of this title, in periods of national or state emergency as therein provided for.

 

Ms. Code § 33-5-9. Unorganized Militia; When Subject to Duty.

The unorganized militia, or any part thereof, shall not be subject to any active military duty, except when called into the service of the United States or when called into the service of this state by the Governor in case of war, rebellion, insurrections, invasion, tumult, riot, breach of the peace, public calamity or catastrophe or other state or national emergency or imminent danger thereof. When the militia of this state, or any 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, and then the Mississippi State Guard, or such parts thereof as may be necessary, and if the number available be insufficient, he shall then order out such part of the unorganized militia as he may deem that the necessity requires.

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