Code of Virginia

Code of Virginia
Title 44. Military and Emergency Laws
10/27/2020

Article 12.1. Orders Inducting State Militia into Federal Service.

§ 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 and the unorganized militia, that relate to the call, induction, or 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 that has not been transmitted as herein required.

1958, c. 540, § 1; 2015, c. 221.

§ 44-114.2. Governor to be notified of receipt of order; no action taken until his instructions complied with.

If the Adjutant General of Virginia, or during his absence, any of his assistants, or anyone else in the Department of Military Affairs of the Commonwealth of Virginia, either in a civilian or military status, shall receive an order of the nature required in § 44-114.1 to be transmitted to the Governor, he shall immediately notify the Governor of Virginia of such receipt and the contents of this order by the most expeditious means, and no action shall be taken by anyone towards notifying the individuals of organizations of the Virginia militia of the contents of such orders or directions received from the federal government on this subject by any of its agencies or representatives until the Governor has been first advised and instructions from him have been complied with fully.

1958, c. 540, § 2.

§ 44-114.3. Orders void if transmitted to militia before Governor notified.

If the Adjutant General or anyone else in the Department of Military Affairs should receive such a message of the kind referred to in § 44-114.1 and fail to notify the Governor immediately, and subsequently transmits such orders, for the purpose of having such orders executed, to any personnel of the state militia, or to any person other than the Governor, then such order or orders shall be illegal, null and void.

1958, c. 540, § 3.

§ 44-114.4. Governor not prevented from drafting into state military service.

Nothing in this article shall prevent the Governor from drafting all citizens into the state military service if he may so desire in accordance with the military laws of Virginia.

1958, c. 540, § 4; 1973, c. 401.

The chapters of the acts of assembly referenced in the historical citation at the end of these sections may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.

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