{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/44-75.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/44-75.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/44-75.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/44-75.1.html"}],"law_id":69493,"edition_id":1,"section_id":69493,"structure_id":13857,"section_number":"44-75.1","catch_line":"Militia state active duty","history":"1988, c. 352; 1993, c. 932; 1995, c. 49; 1996, cc. 71, 805.","full_text":"A\n\nThe 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\n\nIn the event of invasion or insurrection or imminent threat of either;2\n\nWhen any combination of persons becomes so powerful as to obstruct the execution of laws in any part of this Commonwealth;3\n\nWhen 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\n\nIn the event of flood, hurricane, fire or other forms of natural or man-made disaster wherein human life, public or private property, or the environment is imperiled;5\n\nIn 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\n\nWhen 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; and7\n\nWhen 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\n\nThe 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).","order_by":null,"text":{"0":{"id":251277,"text":"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:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":251278,"text":"In the event of invasion or insurrection or imminent threat of either;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":251279,"text":"When any combination of persons becomes so powerful as to obstruct the execution of laws in any part of this Commonwealth;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":251280,"text":"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;","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":251281,"text":"In the event of flood, hurricane, fire or other forms of natural or man-made disaster wherein human life, public or private property, or the environment is imperiled;","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":251282,"text":"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;","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"A6"},"6":{"id":251283,"text":"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","type":"section","prefixes":["A","6"],"prefix":"6","entire_prefix":"A6","prefix_anchor":"A6","level":2,"prior_prefix":"A5","next_prefix":"A7"},"7":{"id":251284,"text":"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.","type":"section","prefixes":["A","7"],"prefix":"7","entire_prefix":"A7","prefix_anchor":"A7","level":2,"prior_prefix":"A6","next_prefix":"B"},"8":{"id":251285,"text":"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).","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A7"}},"ancestry":[{"id":13857,"edition_id":1,"name":"Regulations as to Active Service","identifier":"7","label":"article","depth":3,"order_by":1,"parent_id":13447,"metadata":{},"date_created":"2026-06-26 03:46:05","date_modified":"2026-06-26 03:46:05","permalink":{"id":222095,"object_type":"structure","relational_id":13857,"identifier":"7","token":"44\/1\/7","url":"\/44\/1\/7\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13447,"edition_id":1,"name":"Military Laws of Virginia","identifier":"1","label":"chapter","depth":2,"order_by":1,"parent_id":13446,"metadata":{},"date_created":"2026-06-26 03:44:54","date_modified":"2026-06-26 03:44:54","permalink":{"id":221551,"object_type":"structure","relational_id":13447,"identifier":"1","token":"44\/1","url":"\/44\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13446,"edition_id":1,"name":"Military and Emergency Laws","identifier":"44","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:54","date_modified":"2026-06-26 03:44:54","permalink":{"id":221549,"object_type":"structure","relational_id":13446,"identifier":"44","token":"44","url":"\/44\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":60786,"structure_id":13857,"section_number":"44-75","catch_line":"Repealed","url":"\/44-75\/","token":"44\/1\/7\/44-75","metadata":false},{"id":69493,"structure_id":13857,"section_number":"44-75.1","catch_line":"Militia state active duty","url":"\/44-75.1\/","token":"44\/1\/7\/44-75.1","metadata":false},{"id":55187,"structure_id":13857,"section_number":"44-75.1:1","catch_line":"Compact enacted into law; terms","url":"\/44-75.1_1\/","token":"44\/1\/7\/44-75.1_1","metadata":false},{"id":69395,"structure_id":13857,"section_number":"44-75.2","catch_line":"Militia training duty","url":"\/44-75.2\/","token":"44\/1\/7\/44-75.2","metadata":false},{"id":64393,"structure_id":13857,"section_number":"44-76","catch_line":"Transportation, equipment and support of militia","url":"\/44-76\/","token":"44\/1\/7\/44-76","metadata":false},{"id":64785,"structure_id":13857,"section_number":"44-77","catch_line":"Orders to officers and appointment of rendezvous","url":"\/44-77\/","token":"44\/1\/7\/44-77","metadata":false},{"id":73176,"structure_id":13857,"section_number":"44-78","catch_line":"Repealed","url":"\/44-78\/","token":"44\/1\/7\/44-78","metadata":false},{"id":65488,"structure_id":13857,"section_number":"44-78.1","catch_line":"Request for assistance by localities","url":"\/44-78.1\/","token":"44\/1\/7\/44-78.1","metadata":false},{"id":68548,"structure_id":13857,"section_number":"44-79","catch_line":"Repealed","url":"\/44-79\/","token":"44\/1\/7\/44-79","metadata":false},{"id":58296,"structure_id":13857,"section_number":"44-80","catch_line":"Order in which classes of militia called into service","url":"\/44-80\/","token":"44\/1\/7\/44-80","metadata":false},{"id":70262,"structure_id":13857,"section_number":"44-81","catch_line":"Length of service when called out","url":"\/44-81\/","token":"44\/1\/7\/44-81","metadata":false},{"id":54879,"structure_id":13857,"section_number":"44-82","catch_line":"How troops paid while in service; transportation to be furnished; movement of troops and supplies not to be delayed","url":"\/44-82\/","token":"44\/1\/7\/44-82","metadata":false},{"id":65688,"structure_id":13857,"section_number":"44-83","catch_line":"Pay and allowance of members","url":"\/44-83\/","token":"44\/1\/7\/44-83","metadata":false},{"id":75775,"structure_id":13857,"section_number":"44-84","catch_line":"Regulations enforced on actual service","url":"\/44-84\/","token":"44\/1\/7\/44-84","metadata":false}],"previous_section":{"id":60786,"structure_id":13857,"section_number":"44-75","catch_line":"Repealed","url":"\/44-75\/","token":"44\/1\/7\/44-75","metadata":false},"next_section":{"id":55187,"structure_id":13857,"section_number":"44-75.1:1","catch_line":"Compact enacted into law; terms","url":"\/44-75.1_1\/","token":"44\/1\/7\/44-75.1_1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/44-75.1\/","history_text":"

This law was first created in 1988. The record of its establishment is cataloged in chapter 352 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1988 \u201cActs\u201d aren\u2019t available online. It has been modified 3 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1993, chapter 932; in 1995, chapter 49<\/a>; in 1996, chapters 71<\/a> and 805<\/a>.<\/p>","references":[{"id":75134,"section_number":"2.2-2802","catch_line":"Exception as to public officer or employee who engages in war service or is called to active duty in the Armed Forces of the United States","order_by":null,"url":"\/2.2-2802\/"},{"id":75418,"section_number":"44-146.28","catch_line":"Authority of Governor and agencies under his control in declared state of emergency","order_by":null,"url":"\/44-146.28\/"},{"id":65677,"section_number":"44-54.4","catch_line":"Organization; definitions","order_by":null,"url":"\/44-54.4\/"},{"id":64393,"section_number":"44-76","catch_line":"Transportation, equipment and support of militia","order_by":null,"url":"\/44-76\/"},{"id":65488,"section_number":"44-78.1","catch_line":"Request for assistance by localities","order_by":null,"url":"\/44-78.1\/"},{"id":85693,"section_number":"44-93","catch_line":"Leaves of absence for employees of Commonwealth or political subdivisions","order_by":null,"url":"\/44-93\/"},{"id":79344,"section_number":"65.2-103","catch_line":"Coverage of members of the Virginia National Guard or Virginia Defense Force during response to orders","order_by":null,"url":"\/65.2-103\/"}],"refers_to":false,"permalink":{"id":222101,"object_type":"law","relational_id":69493,"identifier":"44-75.1","token":"44\/1\/7\/44-75.1","url":"\/44-75.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/44-75.1\/","token":"44\/1\/7\/44-75.1","dublin_core":{"Title":"Militia state active duty","Type":"Text","Format":"text\/html","Identifier":"\u00a7 44-75.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> 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: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> In the event of invasion or insurrection or imminent threat of either; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> When any combination of persons becomes so powerful as to obstruct the execution of laws<\/span> in any part of this Commonwealth; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> When the Governor determines that a state agency or agencies having law<\/span>-enforcement responsibilities are in need of assistance to perform particular law<\/span>-enforcement functions, which functions he shall specify in his call to the militia; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> In the event of flood, hurricane, fire or other forms of natural or man-made disaster wherein human life, public or private property, or the environment is imperiled; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> 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; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> When the Governor determines that the National Guard and its assets<\/span> would be of valuable assistance to state, local or federal agencies having a drug law<\/span>-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<\/span>-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<\/span>-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 <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> 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. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Virginia National Guard shall be designated as a state law<\/span>-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). <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nMILITIA STATE ACTIVE DUTY (\u00a7 44-75.1)\n\nA. The Governor or his designee may call forth the militia or any part thereof\nto state active duty for service in any of the following circumstances:\n\n 1. In the event of invasion or insurrection or imminent threat of either;\n\n 2. When any combination of persons becomes so powerful as to obstruct the\n execution of laws in any part of this Commonwealth;\n\n 3. When the Governor determines that a state agency or agencies having\n law-enforcement responsibilities are in need of assistance to perform\n particular law-enforcement functions, which functions he shall specify in his\n call to the militia;\n\n 4. In the event of flood, hurricane, fire or other forms of natural or\n man-made disaster wherein human life, public or private property, or the\n environment is imperiled;\n\n 5. In emergencies of lesser magnitude than those described in subdivision 4,\n including but not limited to the disruption of vital public services, wherein\n the use of militia personnel or equipment would be of assistance to one or\n more departments, agencies, institutions, or political subdivisions of the\n Commonwealth;\n\n 6. When the Governor determines that the National Guard and its assets would\n be of valuable assistance to state, local or federal agencies having a drug\n law-enforcement function to combat the flow of or use of illegal drugs in the\n Commonwealth, he may provide for the National Guard or any part thereof to\n support drug interdiction, counterdrug and demand reduction activities within\n the Commonwealth, or outside the Commonwealth under the National Guard Mutual\n Assistance Counterdrug Activities Compact. In calling forth the National Guard\n under this section, the Governor shall specify the type of support that the\n National Guard shall undertake with state, local or federal law-enforcement\n agencies. Once called forth by the Governor, the National Guard is also\n specifically authorized to enter into mutual assistance and support agreements\n with any law-enforcement agencies, state or federal, operating within or\n outside this Commonwealth so long as those activities are consistent with the\n Governor’s call. All activities undertaken by the National Guard in the\n areas of drug interdiction, counterdrug and drug demand reduction shall be\n reported by the Adjutant General’s office to the Governor and reviewed\n by the Governor no less frequently than every three months; and\n\n 7. When the Governor or his designee, in consultation with the Adjutant\n General, determines that the militia or any part thereof is in need of\n specific training to be prepared for being called forth for any of the\n circumstances expressed in subdivisions 1 through 6 above. Such training may\n be conducted with a state or federal agency or agencies having the capability\n or responsibility to coordinate or assist with any of the circumstances set\n forth in subdivisions 1 through 6 above.\n\nB. The Virginia National Guard shall be designated as a state law-enforcement\nagency for the sole purpose of receiving property and revenues pursuant to 18\nU.S.C. § 981 (e) (2), 19 U.S.C. § 1616a, and 21 U.S.C. § 881 (e)\n(1) (A).\n\nHISTORY: 1988, c. 352; 1993, c. 932; 1995, c. 49; 1996, cc. 71, 805.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}