Legal Authority

  Virginia Statute § 44-1. Composition of militia.

The militia of the Commonwealth of Virginia shall consist of all able-bodied citizens of this Commonwealth and all other able-bodied persons resident in this Commonwealth who have declared their intention to become citizens of the United States, who are at least sixteen years of age and, except as hereinafter provided, not more than sixty-five years of age. The militia shall be divided into four classes, the National Guard, which includes the Army National Guard and the Air National Guard, the Virginia State Defense Force, the naval militia, and the unorganized militia. http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+44-1§ 44-54.4. Organization; definitions. The Virginia State Defense Force with a targeted membership of at least 1,200 shall be organized within and subject to the control of the Department of Military Affairs. When called to state active duty, the mission of the Virginia State Defense Force shall be to (i) provide for an adequately trained organized reserve militia to assume control of Virginia National Guard facilities and to secure any federal and state property left in place in the event of the mobilization of the Virginia National Guard, (ii) assist in the mobilization of the Virginia National Guard, (iii) support the Virginia National Guard in providing family assistance to military dependents within the Commonwealth in the event of the mobilization of the Virginia National Guard, (iv) provide a military force to respond to the call of the Governor in those circumstances described in § 44-75.1. Nothing in this article shall be construed as authorizing the Virginia State Defense Force or any part thereof to be called, ordered or in any manner drafted by federal authorities into the military service of the United States. However, no person by reason of his enlistment or appointment in the Virginia State Defense Force shall be exempted from military service under any law of the United States. Members of the Virginia State Defense Force may serve in either of the following duty statuses: 1. "Training duty," which is the normal service and training performed by the Virginia State Defense Force in order to be prepared for state active duty, and which includes but is not limited to organization, administration, recruiting, maintenance of equipment and training. 2. "State active duty," which is the performance of actual military service for the Commonwealth when called by the Governor or his designee to active duty in service of the Commonwealth in accordance with Article 7 (§ 44-75.1 et seq.) of this chapter. (1989, c. 414.) http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+44-54.4

§ 44-75.1. Militia state active duty. A. The Governor or his designee may call forth the militia or any part thereof to state active duty for service in any of the following circumstances: 1. In the event of invasion or insurrection or imminent threat of either; 2. When any combination of persons becomes so powerful as to obstruct the execution of laws in any part of this Commonwealth; 3. When the Governor determines that a state agency or agencies having law-enforcement responsibilities are in need of assistance to perform particular law-enforcement functions, which functions he shall specify in his call to the militia; 4. In the event of flood, hurricane, fire or other forms of natural or manmade disaster wherein human life, public or private property, or the environment is imperiled; 5. In emergencies of lesser magnitude than those described in subdivision 4, including but not limited to the disruption of vital public services, wherein the use of militia personnel or equipment would be of assistance to one or more departments, agencies, institutions, or political subdivisions of the Commonwealth; 6. When the Governor determines that the National Guard and its assets would be of valuable assistance to state, local or federal agencies having a drug law-enforcement function to combat the flow of or use of illegal drugs in the Commonwealth, he may provide for the National Guard or any part thereof to support drug interdiction, counterdrug and demand reduction activities within the Commonwealth, or outside the Commonwealth under the National Guard Mutual Assistance Counterdrug Activities Compact. In calling forth the National Guard under this section, the Governor shall specify the type of support that the National Guard shall undertake with state, local or federal law-enforcement agencies. Once called forth by the Governor, the National Guard is also specifically authorized to enter into mutual assistance and support agreements with any law-enforcement agencies, state or federal, operating within or outside this Commonwealth so long as those activities are consistent with the Governor's call. All activities undertaken by the National Guard in the areas of drug interdiction, counterdrug and drug demand reduction shall be reported by the Adjutant General's office to the Governor and reviewed by the Governor no less frequently than every three months; and 7. When the Governor or his designee, in consultation with the Adjutant General, determines that the militia or any part thereof is in need of specific training to be prepared for being called forth for any of the circumstances expressed in subdivisions 1 through 6 above. Such training may be conducted with a state or federal agency or agencies having the capability or responsibility to coordinate or assist with any of the circumstances set forth in subdivisions 1 through 6 above. B. The Virginia National Guard shall be designated as a state law-enforcement agency for the sole purpose of receiving property and revenues pursuant to 18 U.S.C § 981(e) (2), 19 U.S.C. § 1616a, and 21 U.S.C. § 881(e) (1) (A).

(1988, c. 352; 1993, c. 932; 1995, c. 49; 1996, cc. 71, 805.)

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