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Unalienable Rights Foundation - What is a Militia, as Penned to Paper in Virginia Law
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 What is a Militia, as Penned to Paper in Virginia Law

Organic Documents What is a Militia, as Penned to Paper and Sanctioned by the Commonwealth of Virginia and the US Government

What is a Militia, as Penned to Paper and Sanctioned by the Commonwealth of Virginia and the US Government

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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 four classes: the National Guard, which includes the Army National Guard and the Air National Guard; the Virginia Defense Force; the naval militia; and the unorganized militia. (1930, p. 948; 1942, p. 642; Michie Code 1942, 2673(1); 1944, p. 24; 1958, c. 393; 1970, c. 662; 1973, c. 401; 1976, c. 399; 1979, c. 647; 1984, c. 765; 1989, c. 414; 2011, cc. 572, 586.)Virginia Code 44-1.

44-4. Composition of unorganized militia. The unorganized militia shall consist of all able-bodied persons as set out in 44-1, except such as may be included in 44-2, 44-3, and 44-54.6, and except such as may be exempted as hereinafter provided. (1930, p. 949; Michie Code 1942, 2673(4); 1970, c. 662; 1973, c. 401; 1984, c. 765.) Virginia Code 44-4.

44-114.1. Orders transmitted to and through the Governor. All orders from the federal government or any of its officers, agencies or departments to the state militia of Virginia, including the National Guard, the naval militia, and the unorganized militia which relate to the call, induction, drafting of Virginia state troops of any type or description, into the federal service for active duty or otherwise and withdrawing them from the control of the Governor of Virginia shall be first transmitted to and through the Governor of Virginia. The Governor, as commander in chief of the state militia, shall not approve, consent to, or concur in any such order which has not been transmitted as herein required. (1958, c. 540, 1.) Virginia Code 44-114.1.

44-115. Custom and usage of United States army, air force and navy; applicability of 44-40 and Article 4 of this chapter. All matters relating to the organization, discipline and government of the Virginia National Guard, not otherwise provided for by law or by regulations, shall be decided by the custom and usage of the United States army, air force or navy, as appropriate. In addition, all members of the Virginia Defense Force, the naval militia, and the unorganized militia on state active duty shall be subject to military discipline. Infractions of military discipline shall be punishable under the provisions of 44-40 and Article 4 ( 44-42 et seq.) of this chapter. (1930, p. 970; Michie Code 1942, 2673(100); 1964, c. 227; 1984, c. 765; 1989, c. 414; 2011, cc. 572, 586.) Virginia Code 44-115.

Title 44 Military and Emergency Laws

Chap. 1 Military Laws of Virginia, 44-1 44-122

Art. 8 Unorganized Militia, 44-85 44-90

44-85. Regulations and penalties. Whenever any part of the unorganized militia is ordered out, it shall be governed by the same rules and regulations and be subject to the same penalties as the National Guard or naval militia. (1930, p. 965; Michie Code 1942, 2673(71).) Virginia Code 44-85.

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. (1930, p. 965; Michie Code 1942, 2673(72); 1958, c. 393.) Virginia Code 44-86.

44-87. Manner of ordering out for service. The Governor shall, when ordering out the unorganized militia, designate the number to be so called. He may order them out either by calling for volunteers or by draft. (1930, p. 965; Michie Code 1942, 2673(73); 1944, p. 25; 1958, c. 393; 1984, c. 765.) Virginia Code 44-87.

44-88. Incorporation into the Virginia Defense Force. Whenever the Governor orders out the unorganized militia or any part thereof, it shall be incorporated into the Virginia Defense Force until relieved from service. (1944, p. 25; Michie Suppl. 1946, 2673(73); 1984, c. 765; 2011, cc. 572, 586.) Virginia Code 44-88.

44-89. Draft of unorganized militia. If the unorganized militia is ordered out by draft, the Governor shall designate the persons in each county and city to make the draft, and prescribe rules and regulations for conducting the same. (1930, p. 965; Michie Code 1942, 2673(74).) Virginia Code 44-89.

44-90. Punishment for failure to appear. Every member of the militia ordered out for duty, or who shall volunteer or be drafted, who does not appear at the time and place ordered, shall be liable to such punishment as a court-martial may direct. (1930, p. 965; Michie Code 1942, 2673(75); 1958, c. 393.) Virginia Code 44-90.

Oath of National Guard officers. Commissioned officers of the National Guard shall take and subscribe to the following oath of office:

"I ____________________ do solemnly swear that I will support and defend the Constitution of the United States and the Constitution of the Commonwealth of Virginia, against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I will obey the orders of the President of the United States and of the Governor of the Commonwealth of Virginia; that I make this obligation freely, without mental reservation or purpose of evasion, and that I will well and faithfully discharge the duties of the office of ________________ in the National Guard of the United States and of the Commonwealth of Virginia, upon which I am about to enter; so help me God." (1930, p. 954; Michie Code 1942, 2673(22); 1958, c. 393.) Virginia Code 44-32.

44-32.1. Administration of oaths of office and enlistment. Any duly commissioned officer or warrant officer of the Virginia National Guard or any commissioned officer of any of the armed services of the United States may administer the oaths of office and enlistment to prospective officers and enlisted personnel desirous of becoming members of the Virginia National Guard and the National Guard of the United States. Any duly commissioned officer of the Virginia Defense Force, when called into service by the Governor, may administer oaths to prospective officers and enlisted personnel desirous of becoming members of the Virginia Defense Force. (1947, p. 143; Michie Suppl. 1948, 2673(22a); 1958, c. 393; 1979, c. 647; 2011, cc. 572, 586.) Virginia Code 44-32.1.

44-39. Uniforms, arms and equipment. The National Guard shall, as far as practicable, be uniformed, armed, and equipped with the same type of uniform, arms, and equipment as are or shall be provided for the armed forces of the United States. (1930, p. 955; Michie Code 1942, 2673(29); 1958, c. 393.) Virginia Code 44-39.

44-40.1. Persons subject to the Virginia military laws. All members of the Virginia National Guard are subject to the military laws of Virginia when under orders to be present for duty under Title 32 of the United States Code or while in a state active duty status. (1976, c. 399; 2011, cc. 572, 586.) Virginia Code 44-40.1.

44-50. How process and sentence executed. All processes and sentences of any of the military courts of this Commonwealth shall be executed by any sheriff, deputy sheriff, sergeant, or police officer into whose hands the same may be placed for service or execution, and such officer shall make return thereof to the officer issuing or imposing the same. Such service or execution of process or sentence shall be made by such officer without tender or advancement of fee therefor, but all costs in such cases shall be paid from funds appropriated for military purposes. The actual necessary expenses of conveying a prisoner from one county or city in the Commonwealth to another, when the same is authorized and directed by the Adjutant General of the Commonwealth, shall be paid from the military fund of the Commonwealth upon a warrant approved by the Adjutant General. (1930, p. 957; Michie Code 1942, 2673(40); 1958, c. 393; 1976, c. 399.) Virginia Code 44-50.

Text in effect from and after July 1, 2011

Title 44 Military and Emergency Laws

Chap. 1 Military Laws of Virginia, 44-1 44-122

Art. 4.2 Virginia Defense Force, 44-54.4 44-54.12

44-54.6. Members, appointment and enlistment. The age limitations of 44-1 to the contrary notwithstanding, the Virginia Defense Force shall consist of:

1. Such volunteers who of their own volition agree to service in conformity with regulations prescribed by the Adjutant General who are (i) residents of the Commonwealth or any contiguous state, (ii) at least 16, provided that any volunteer under the age of 18 shall have the written consent of at least one parent or guardian, and (iii) less than 65 years of age may join the Virginia Defense Force.

2. Such persons of the unorganized militia who may be drafted to fill the force structure of the Virginia Defense Force or who may be ordered out for active duty until released from such service.

The Adjutant General may, on a case-by-case basis, authorize volunteer members of the Virginia Defense Force to be retained beyond age 65 to age 75.

The officers of the Virginia Defense Force shall be appointed by the Governor in conformity with regulations prescribed by the Adjutant General.

Enlisted members shall be enlisted and retained in conformity with regulations prescribed by the Adjutant General. (1989, c. 414; 1996, c. 70; 2011, cc. 572, 586.) Virginia Code 44-54.6.




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