dcrodriguez/Code-of-Virginia huggingface dataset:
Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-11. Department of Military Affairs; Adjutant General.
There is hereby created the Department of Military Affairs to which is transferred all of the functions, powers and duties of the former Division of Military Affairs.

The Governor shall appoint an Adjutant General with the rank of brigadier general, major general or lieutenant general as the Governor may prescribe, subject to confirmation by the General Assembly if in session, and if not in session, then at its next succeeding session. The Adjutant General shall not hold the rank of lieutenant general unless such rank is federally recognized. The Adjutant General shall be in direct charge of the Department of Military Affairs and shall be responsible to the Governor and commander in chief for the proper performance of his duties. All the powers conferred and the duties imposed by law upon the Adjutant General shall be exercised or performed by him under the direction and control of the Governor. The Adjutant General shall serve at the pleasure of the Governor for a term coincident with that of the Governor. No person shall be appointed Adjutant General who shall not have had at least ten years' commissioned service in the Virginia National Guard in at least field grade. The Adjutant General, while serving as such, may be a member of the Virginia National Guard.

The Adjutant General shall receive a salary prescribed by law.

1927, p. 106; 1930, p. 951; Michie Code 1942, §§ 585(62), 2673(12); 1948, p. 48; R. P. 1948, § 44-11; 1964, c. 227.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-11.1. Duties of the Department of Military Affairs.
A. The Department of Military Affairs shall support the objectives of the Governor and federal authorities by:

1. Administering and employing the Virginia Militia, as set forth in § 44-1;

2. Integrating into state operations all supporting Department of Defense capabilities and those forces provided by supporting states in a Title 32 or State Active Duty status;

3. Providing for the safety of citizens of the Commonwealth by maintaining order and public safety and assisting in counter-drug efforts, in cooperation with Virginia State Police and local law-enforcement agencies;

4. Preparing and executing contingency plans to provide for a timely and capable response to chemical, biological, radiological, nuclear, or explosive incidents;

5. Preparing and executing contingency plans necessary for the provision of homeland defense;

6. Ensuring the support to families of service members of the Virginia National Guard;

7. Administering a state at-risk program for youth; and

8. Recruiting a force sufficiently manned and trained to accomplish the above duties.

B. The Department of Military Affairs shall perform such other duties as may be designated by the Governor.

2007, cc. 127, 728.
Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-110. Punishment for sale, etc., of military property.
Whoever shall secrete, sell, dispose of, offer for sale, or in any manner pawn or pledge, or receive in pawn or pledge, buy, or intentionally fail to return after having been legally discharged from the National Guard any of the arms, uniforms, or equipments, being the property of the United States or of the Commonwealth, knowing or having reason to believe the same to be the property of the United States or the Commonwealth, shall be deemed guilty of a misdemeanor, and shall, on conviction thereof, be imprisoned in jail for not less than six months nor more than one year, or in the discretion of the jury or judge, be fined not less than $50 nor more than $1,000.

1930, p. 969; Michie Code 1942, § 2673(95); 2011, cc. 572, 586.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-111. Replacement of lost or damaged property.
Whenever any military property issued to the militia of the Commonwealth shall have been lost, damaged, or destroyed, and upon report of a disinterested survey officer of the armed forces or militia it shall appear that the loss, damage or destruction of property was due to carelessness or neglect, or that its loss, damage or destruction could have been avoided by the exercise of reasonable care, the money value of such property shall be charged against the bond of the officer or enlisted person, if bonded. If such officer or enlisted person is not bonded, the value of such property shall be charged to such officer or enlisted person, and the pay of such officer or enlisted person from both federal and state funds at any time accruing may be stopped and applied to the payment of any such indebtedness until the same is discharged. In addition thereto, any officer accountable or responsible for military property shall be liable on his bond to the Commonwealth and the United States Property and Fiscal Officer as accounting, accountable and responsible officer for any lost, damaged, or destroyed property for which he is accountable or responsible.

1930, p. 969; Michie Code 1942, § 2673(96); 1958, c. 393.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-112. Requisition for federal funds.
The Governor or such other state officer as may be authorized by law, shall make requisition upon the Secretary of Defense, through the National Guard Bureau, for such state allotment from federal funds as may be necessary for the support of the militia and as may be authorized by the laws and regulations of the United States.

1930, p. 970; Michie Code 1942, § 2673(97); R. P. 1948, § 44-112; 1958, c. 393.
Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-113. County, city and town appropriations.
Counties, cities, and towns may appropriate such sums of money and real and personal property as they may deem proper to the various organizations of the National Guard or the Virginia Defense Force, when such organizations are maintained within the limits of the counties, cities, and towns respectively; and counties may appropriate such sums of money and real and personal property as they may deem proper to the various organizations of the National Guard if such organizations are maintained in any incorporated town or city of the second class located within the geographical limits of such counties respectively.

1930, p. 970; 1940, p. 54; Michie Code 1942, § 2673(98); R. P. 1948, § 44-113; 1958, c. 393; 2014, cc. 30, 547; 2015, c. 221.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-114. Allowances made to organizations from state appropriations.
For the necessary expenses of the maintenance of the National Guard and the Virginia Defense Force, to include the providing of one flag of the Commonwealth of Virginia to the next of kin of any individual, upon his death, who was serving in, or honorably served for a period of 20 years in and retired from, the Virginia National Guard, the Virginia Defense Force, or a combination of both, the Adjutant General shall annually allot to each organization or unit such amounts as may in his judgment be advisable, and as may be available from the appropriation to the Department of Military Affairs, such allotment to be based upon such scheme of distribution as may appear equitable to the Adjutant General and best suited to the needs of the military forces of the Commonwealth.

1930, p. 970; Michie Code 1942, § 2673(99); R. P. 1948, § 44-114; 1999, c. 667; 2004, c. 12; 2013, cc. 150, 198; 2015, c. 221.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 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.
Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 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.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 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.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 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.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-115. Custom and usage of United States army, air force and navy; applicability of §§ 44-40, 44-40.01 and Article 4 (§ 44-42 et seq.).
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 and the unorganized militia on training duty or state active duty shall be subject to military discipline. Infractions of military discipline for the Virginia National Guard shall be punishable under the provisions of §§ 44-40 and 44-40.01 and Article 4 (§ 44-42 et seq.). Infractions of military discipline for the Virginia Defense Force and unorganized militia shall be punishable under the provisions of §§ 44-40 and 44-40.01.

1930, p. 970; Michie Code 1942, § 2673(100); 1964, c. 227; 1984, c. 765; 1989, c. 414; 2011, cc. 572, 586; 2015, c. 221; 2016, c. 339.
Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-116. Repealed.
Repealed by Acts 2011, cc. 572 and 586, cl. 2.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-117. Officers of Virginia Military Institute, the Virginia Women's Institute for Leadership at Mary Baldwin College, the Fishburne Military School, the Massanutten Military Academy, the Randolph-Macon Academy, and Virginia Polytechnic Institute and State University to be officers of militia.
The officers of the Virginia Military Institute, the Virginia Women's Institute for Leadership at Mary Baldwin College, the Fishburne Military School, the Massanutten Military Academy, the Randolph-Macon Academy, and the Commandant of Cadets and Assistant Commandants of Cadets of the Virginia Polytechnic Institute and State University shall be commissioned officers of the Virginia militia, unorganized, and subject to the orders of the Governor and the same rules and regulations as to discipline provided for other commissioned officers of the military organizations of the Commonwealth. The Governor is authorized and directed to issue commissions to the professors, assistant professors and other officers of the Virginia Military Institute, the Fishburne Military School, the Massanutten Military Academy, the Randolph-Macon Academy, and the Virginia Women's Institute for Leadership at Mary Baldwin College, according to the rank prescribed by those institutions; and to the Commandant of Cadets and Assistant Commandants of Cadets of the Virginia Polytechnic Institute and State University. Such persons shall be eligible to receive and to continue to hold such commissions, regardless of age, for so long as they continue to be officers, professors or assistant professors of the Virginia Military Institute, the Virginia Women's Institute for Leadership at Mary Baldwin College, the Fishburne Military School, the Massanutten Military Academy, the Randolph-Macon Academy, or the Commandant of Cadets or Assistant Commandants of Cadets of Virginia Polytechnic Institute and State University. The governing boards of each institution shall recommend to the Governor the rank to which such eligible persons shall be commissioned, but the following determination of such rank shall be made by the Governor. Commissions in such militia issued such persons by the Governor shall not entitle any person holding the same to any pay or emolument by reason thereof unless he be assigned to duty by order of the Governor with the Virginia National Guard; and in such event, the rank of such officer shall be relatively inferior to that of all other officers of the same grade in the Virginia National Guard.

1930, p. 970; Michie Code 1942, § 2673(102); 1958, c. 393; 1978, c. 384; 2001, c. 77; 2006, c. 123; 2007, c. 818; 2025, c. 139.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-117.1. Repealed.
Repealed by Acts 1958, c. 393.
Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-119. Retired list of officers, warrant officers and enlisted persons.
There shall be a retired list of officers, warrant officers and enlisted persons of the Virginia National Guard.

The following persons, upon their written applications through regular military channels to the Adjutant General, may be placed on the retired list of the Virginia National Guard:

1. Former Adjutant Generals who have resigned or been relieved;

2. Officers or enlisted persons in the guard who have been honorably discharged and have served for at least ten years in active service of the guard, or ten years computing the period served in the Virginia National Guard and the period of active service in the United States armed forces.

Officers who have served honorably and efficiently in the Virginia National Guard or the Virginia militia shall be commissioned on the retired list of the Virginia militia, unorganized, in their respective grade, or the highest grade held by them in the military service of the Commonwealth, except that officers who have to their credit fifteen years or more of exemplary service may, at the discretion of the Adjutant General, be retired with commission of the next higher grade to the highest grade held by them in the military service of the Commonwealth of Virginia.

Warrant officers and noncommissioned officers shall be placed on the retired list with the highest rank held by them in the Virginia National Guard.

Reentry into the active military service of the Commonwealth or of the United States shall discharge officers, warrant officers and enlisted persons from the retired list, and for any future retirement new application shall be made.

1930, p. 971; Michie Code 1942, § 2673(104); 1958, c. 393; 1983, c. 157; 2015, c. 221.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-12. Repealed.
Repealed by Acts 2004, c. 12.
Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-120.1. Manufacture of Virginia military medals and decorations in United States.
Virginia military medals and decorations shall be made in the United States. Existing stocks of Virginia military medals and decorations which are of foreign origin may be consumed without violating the provisions of this act. All Virginia military medals and decorations shall have the words "Made in the USA" stamped on the reverse side. This act shall not limit the country of origin of United States military medals and decorations that are presented to members of the Virginia National Guard.

1999, c. 22.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-120.2. Commonwealth's Twenty marksmanship award.
There is hereby established the Commonwealth's Twenty marksmanship award to recognize the top 20 marksmen in Virginia. These top 20 marksmen shall be chosen from the Virginia state residents who compete at the annual Virginia State Championship matches sanctioned by the Virginia Shooting Sports Association (the Association). The award shall be administered by the Association and shall consist of (i) an enamel metal tab pin with gray background and white lettering, similar in style, shape, and size to the "President's Hundred" pin awarded by the United States Army; (ii) a fabric patch with hook and loop backing with a green background and black letters, similar in style, shape, and size to the "President's Hundred" patch awarded by the United States Army; and (iii) a certificate.

2015, c. 747; 2017, c. 224.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-121. Repealed.
Repealed by Acts 2009, c. 108, cl. 1.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-122. Citation of chapter.
This chapter may be cited as the "Military Laws of Virginia."

1930, p. 973; Michie Code 1942, § 2673(107).

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-13. Powers of Adjutant General.
As head of the Department of Military Affairs, the Adjutant General shall have command of all of the militia of the Commonwealth, subject to the orders of the Governor as Commander in Chief, and shall distribute all orders from the Governor pertaining to the military service and shall perform all duties imposed upon him or that Department by this title in the manner prescribed by law.

1927, p. 106; 1930, p. 951; Michie Code 1942, §§ 585(62), 2673(13); R. P. 1948, § 44-13; 1958, c. 393; 1989, c. 414.
Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-13.1. Virginia National Guard Morale, Welfare, and Recreation Program established.
The Adjutant General is authorized to establish a Virginia National Guard Morale, Welfare, and Recreation Program (the MWR Program) to provide leisure, recreation, and lodging opportunities for Virginia National Guard members and their families, Virginia Defense Force members and their families, employees of the Department of Military Affairs and their families, and other users of Department facilities as authorized by the Adjutant General.

2016, c. 622.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-13.2. Administration of the MWR Program.
The Adjutant General may authorize the MWR Program to (i) contract for goods and services; (ii) hire employees; and (iii) receive funds from patrons in exchange for goods or services provided within the MWR Program. The Adjutant General is authorized to establish MWR Program facilities throughout the Commonwealth that, in the Adjutant General's judgment, are necessary for military purposes. The Adjutant General shall promulgate regulations to govern the operation of the MWR Program. The Adjutant General may appoint a director for the MWR Program. The Adjutant General shall establish a system of bookkeeping, accounting, and auditing procedures for the proper handling of funds derived from the MWR Program's operations.

2016, c. 622.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-13.3. Virginia National Guard MWR Fund.
There is created within the state treasury a special nonreverting fund to be known as the Virginia National Guard MWR Fund, referred to in this section as "the Fund." The Fund shall be established on the books of the Comptroller. All (i) proceeds collected under the MWR Program and (ii) donations made to the Virginia National Guard MWR Program shall be paid into the state treasury and credited to the Fund. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. Moneys from the Fund shall be used for the enhancement of morale, welfare, and recreation and the administration of the MWR Program, including paying the costs of (a) salaries of MWR Program employees; (b) public liability insurance, when needed; (c) infrastructure improvements on military property used in support of the MWR Program; and (d) any other expenses considered necessary in furtherance of the MWR Program by the Adjutant General. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the Adjutant General.

2016, c. 622.
Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-13.4. Risk management.
The MWR Program shall be eligible to participate in the state risk management pool. The MWR Program shall procure separate insurance policies to cover liability associated with activities and operations not otherwise covered in the state risk management pool or by the Division of Risk Management.

2016, c. 622.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-14. Expenditures for Department.
All payments and disbursements payable out of the appropriation to the Department of Military Affairs shall be made by the State Treasurer upon warrants of the Comptroller issued upon vouchers signed by the Adjutant General or such person as the Adjutant General may designate for such purpose. Expenditures not specifically provided for but manifestly for the benefit of the military service may be made by the Adjutant General with the written approval of the Governor.

1930, p. 950; Michie Code 1942, § 2673(11); 1944, p. 24; R. P. 1948, § 44-13; 2004, c. 12.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-15. Reports to Secretary of Defense.
The Adjutant General shall make such returns and reports to the Secretary of Defense, or to such officers as he may designate, at such times and in such form as may from time to time be prescribed.

1930, p. 951; Michie Code 1942, § 2673(13); R. P. 1948, § 44-14; 1958, c. 393.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-16. Records of Adjutant General.
The Adjutant General shall keep a record of all officers and enlisted personnel, and shall also keep all records and papers required by law or regulations to be filed therein.

1930, p. 951; Michie Code 1942, § 2673(13); R. P. 1948, § 44-15; 1970, c. 662; 2011, cc. 572, 586.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-17. Regulations as to reports and care of property.
The Adjutant General is empowered to make such regulations pertaining to the preparation and rendering of reports and returns and to the care and preservation of public property as in his opinion the conditions demand, such regulations to be operative and in force when promulgated in the form of general orders, circulars, circular letters, or other regulations and documents.

1930, p. 951; Michie Code 1942, § 2673(13); R. P. 1948, § 44-17; 1964, c. 227.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-18. Repealed.
Repealed by Acts 2015, c. 221, cl. 2.
Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-19. Adjutant General to have charge of military property.
The Adjutant General shall have charge and care of all state military property and all United States military property issued to the Commonwealth of Virginia, and shall cause to be kept an accurate and careful account of all receipts and issues of the same. He shall require to be kept careful memoranda of all public military property on hand in the state arsenal or storehouses, and in the possession of the several organizations of the Virginia National Guard or issued to the Virginia Defense Force, and shall guard such property against injury and loss to the extent of his ability. He shall require every accountable and responsible officer of the National Guard to account for every deficiency in public military property in his possession immediately after such deficiency is discovered. The Adjutant General shall have the care and control of the state military reservation near Virginia Beach, and of such other real estate as the Commonwealth may acquire for military purposes, and it shall be the duty of the Adjutant General to provide for the proper care of such property and buildings thereon. For the maintenance, upkeep and improvement of the military reservation or reservations, the Adjutant General may expend from the appropriation to the Department of Military Affairs such amounts as may be necessary.

1930, pp. 950, 952; Michie Code 1942, §§ 2673(11), 2673(13); 1944, p. 24; R. P. 1948, § 44-19; 1958, c. 393; 1989, c. 414; 2011, cc. 572, 586.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-2. Composition of National Guard.
A. The National Guard shall consist of the regularly enlisted militia and of commissioned and warrant officers, who shall be residents of the Commonwealth of Virginia and shall fall within the age limits and qualifications as prescribed in existing or subsequently amended National Guard regulations (army and air), organized, armed and equipped as hereinafter provided. Upon original enlistment members of the National Guard shall not be less than 17 nor more than 55 years of age, or, in subsequent enlistments not more than 64 years of age.

B. Notwithstanding the above, persons otherwise qualified but residing outside the Commonwealth of Virginia, may enlist or serve as commissioned or warrant officers in the National Guard.

1930, p. 948; Michie Code 1942, § 2673(2); 1958, c. 393; 1976, c. 399; 1979, c. 647; 2011, cc. 572, 586.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-2.1. Repealed.
Repealed by Acts 1989, c. 414.
Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-20. Deputy Adjutant General (Army and Air) and Assistant Adjutant General (Army); assistants and clerical forces of Adjutant General.
The Adjutant General shall have a Deputy Adjutant General (Air), a Deputy Adjutant General (Army) and an Assistant Adjutant General (Army) whose grades shall not exceed that of brigadier general and he shall have other assistants and such clerical forces as may be necessary who shall serve at the pleasure of the Adjutant General, subject to the provisions of general law, and shall perform such duties as he may assign them. The Adjutant General shall have such other clerks and employees as may be necessary for the administration of his office.

1930, p. 952; Michie Code 1942, § 2673(13); R.P. 1948, § 44-20; 1964, c. 227; 1979, c. 504; 1983, c. 74.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-21. Bonds of Adjutant General and fiscal clerks.
The Adjutant General and his fiscal clerks shall be bonded in accordance with § 2.2-1840.

1930, p. 952; Michie Code 1942, § 2673(13); R. P. 1948, § 44-21; 1964, c. 227; 2011, cc. 572, 586; 2021, Sp. Sess. I, c. 152.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-22. Auditing accounts of Adjutant General.
The office and accounts of the Adjutant General pertaining to the Commonwealth of Virginia shall be audited by the direction of the Governor in the same manner as the office and accounts of other state officers are audited, as provided by law.

1930, p. 952; Michie Code 1942, § 2673(13); R. P. 1948, § 44-22.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-23. Repealed.
Repealed by Acts 1984, c. 734.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-24. United States Property and Fiscal Officer.
The Governor shall appoint, designate or detail, subject to the approval of the Secretary of Defense, an officer of the National Guard of the Commonwealth to serve as a United States Property and Fiscal Officer. Any officer of the National Guard who has been so appointed and is serving as United States Property and Fiscal Officer, may be removed for just cause by the Governor with the approval of the Secretary of Defense. The Adjutant General is hereby declared ineligible to serve as United States Property and Fiscal Officer. The duties and remuneration of said United States Property and Fiscal Officer shall be such as are prescribed by existing or subsequently amended regulations of the armed forces of the United States.

1930, p. 952; Michie Code 1942, § 2673(14); R. P. 1948, § 44-24; 1958, c. 393.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-24.1. Repealed.
Repealed by Acts 2015, c. 221, cl. 2.
Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-25. Organization; composition of units.
Except as otherwise specifically provided by the laws of the United States, the organization of the National Guard, including the composition of all units thereof, shall be the same as that prescribed for the active army, air force and navy, subject in time of peace to such general exceptions as may be authorized by the Secretary of Defense.

1930, p. 952; Michie Code 1942, § 2673(15); 1958, c. 393; 1964, c. 227.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-26. Location of units and headquarters.
The Governor shall determine and fix the location of the units and headquarters of the National Guard within the Commonwealth.

1930, p. 953; Michie Code 1942, § 2673(16); 1958, c. 393.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-27. Appointment and promotion of officers.
All officers of the National Guard shall be appointed and commissioned by the Governor, through the Adjutant General.

Within the organization, insofar as practicable, all appointments and promotions shall be based on professional qualifications, efficiency, length of service in grade, length of commissioned service, and demonstrated command and staff ability at the appropriate level, and will be effected only when an appropriate vacancy exists in the applicable table of organization and equipment or table of organization or distribution.

1930, p. 953; Michie Code 1942, § 2673(17); 1958, c. 393; 1964, c. 227; 1970, c. 662; 2011, cc. 572, 586.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-28. Qualifications of commanding or staff officers.
No person shall be appointed a commanding or staff officer unless such person shall have had federally recognized commissioned military service, nor shall any officer be appointed who fails to qualify as to fitness for military service under such regulations as the Secretary of Defense shall prescribe. Such officers may hold their positions until they have reached the age or length of service as prescribed in existing or subsequently amended National Guard regulations, unless separated from the service prior to that time by reason of resignation, disability, withdrawal or termination of federal recognition or commission, or upon finding of a legally convened court-martial.

1930, p. 953; Michie Code 1942, § 2673(18); 1958, c. 393; 1970, c. 662.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-29. Qualifications of National Guard officers.
The qualifications of National Guard officers shall be as prescribed in current and subsequently amended National Guard regulations.

1930, p. 953; Michie Code 1942, § 2673(19); 1958, c. 393.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-3. Repealed.
Repealed by Acts 2015, c. 221, cl. 2.
Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-30. Tests as to fitness for officers; examining board.
No person shall hereafter be appointed an officer of the National Guard unless such person first shall have successfully passed such tests as to physical, moral, and professional fitness as the President shall prescribe. The examination to determine such qualifications for commission shall be conducted by a board of three commissioned officers appointed by the Secretary of Defense from the active army or the National Guard, or both.

1930, p. 954; Michie Code 1942, § 2673(20); 1958, c. 393; 1964, c. 227; 1970, c. 662.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-31. Relative rank of officers.
Relative rank among officers of the same grade shall be determined according to current and subsequently amended Department of Defense and National Guard regulations.

1930, p. 954; Michie Code 1942, § 2673(21); 1964, c. 227.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-32. 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.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 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.
Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-33. Elimination and disposition of officers.
At any time the moral character, capacity, and general fitness for the service of any National Guard officer may be determined by an efficiency board of three commissioned officers senior in rank to the officer whose fitness for service shall be under investigation, said board to be appointed by the Adjutant General and convened on his order. If the findings of such board be unfavorable to such officer and be approved by the Adjutant General, such officer shall be discharged. Commissions of officers of the National Guard may be vacated upon resignation, if approved by the Adjutant General, absence without leave for three months, upon the recommendation of an efficiency board, pursuant to sentence of a court-martial, upon physical disqualification, when convicted of a felony in a civil court, when appointed or inducted into the armed forces of the United States, when federal recognition is withdrawn from such officer or from the unit to which assigned, upon reaching maximum age limitation, and when it has been determined that an officer is subversive or disloyal. Officers of the Virginia National Guard rendered surplus by the disbandment of their organization shall be placed in another unit, providing an appropriate vacancy exists, otherwise such officers shall be separated from the Virginia National Guard and automatically revert to the reserve.

1930, p. 954; Michie Code 1942, § 2673(23); 1958, c. 393; 1964, c. 227; 1970, c. 662.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-34. Repealed.
Repealed by Acts 1958, c. 393.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-35. Enlistments in National Guard.
Enlistments in the National Guard shall be as prescribed in existing or subsequently amended National Guard regulations.

1930, p. 954; Michie Code 1942, § 2673(25); 1958, c. 393.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-36. Enlistment contract and oath.
Enlisted persons shall not be recognized as members of the National Guard until they shall have signed an enlistment contract and taken and subscribed to the oath of enlistment prescribed by present or subsequently amended National Guard regulations; or such oath of enlistment as shall be prescribed by the Governor of Virginia for members of the Virginia Defense Force.

1930, p. 955; Michie Code 1942, § 2673(26); 1958, c. 393; 2011, cc. 572, 586.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-37. Discharge of enlisted persons.
An enlisted person discharged from service in the Virginia National Guard shall receive a discharge in writing. The form and classification of such discharge shall be as prescribed by existing or subsequently amended National Guard regulations.

1930, p. 955; Michie Code 1942, § 2673(27); 1958, c. 393.
Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-38. Membership continued in National Guard after termination of federal service.
When inducted into the active military service of the United States and thereafter discharged or separated from the armed forces, all persons so inducted and thereafter discharged or separated shall resume their membership in the Virginia National Guard and shall continue to serve therein as though their service had not been so interrupted.

1930, p. 955; Michie Code 1942, § 2673(28); 1958, c. 393.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 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.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-39.1. Possession of handguns by members at National Guard facilities.
To the extent permitted by federal law and by the terms of any contract between the Virginia National Guard and a privately owned facility, any member of the Virginia National Guard who possesses a valid concealed handgun permit issued pursuant to Article 6.1 (§ 18.2-307.1 et seq.) of Chapter 7 of Title 18.2 shall be permitted to possess a concealed handgun owned by such member at all facilities of the Virginia National Guard and at all privately owned facilities under contract with the Virginia National Guard. Nothing herein precludes the commanding officer of any member from prohibiting such member from possessing a concealed handgun while such member is participating in any training or other exercises where the commanding officer determines that (i) such possession would interfere with the conduct of such training or other exercises, (ii) such possession may result in mission impairment, or (iii) the member is unfit to carry a handgun.

2016, c. 740.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 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 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; 2015, c. 221.
Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-40. Discipline and training.
The discipline and training of the Virginia National Guard shall conform to that of the Armed Forces of the United States, and to that end, the Manual for Courts-Martial, United States, including but not limited to the Uniform Code of Military Justice as now existing or subsequently amended, is hereby incorporated as a part of the military laws of Virginia except where in conflict with other provisions of this chapter. Officers and soldiers of the National Guard shall have such powers in the performance of their duty under this title as officers and soldiers of the active armed services have in the performance of like duty under the Uniform Code of Military Justice and Manual for Courts-Martial, United States. However, should a person commit an offense punishable under the criminal laws of Virginia, then prosecution under the criminal laws shall bar prosecution under this chapter. The Adjutant General shall by regulation adapt to state usage the provisions and terminology of the Manual for Courts-Martial, United States, including but not limited to the Uniform Code of Military Justice.

1930, p. 955; Michie Code 1942, § 2673(30); 1958, c. 393; 1976, c. 399; 1984, c. 7; 1987, c. 32.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-40.01. Nonjudicial disciplinary proceedings.
Service members of the Virginia National Guard, not in federal service, are subject to nonjudicial punishment pursuant to Part V of the Manual for Courts-Martial, United States. A commander's authority to impose nonjudicial punishment shall not include the authority to impose correctional custody, arrest in quarters, restriction, or extra duties. Reduction in rank shall not be imposed if the service member has more than 10 years of military service and is in the rank of E-5 or above. When nonjudicial punishment is to be imposed by a commanding officer of the rank of major or above, a service member shall not be allowed to demand trial by court-martial in lieu of nonjudicial punishment. Service members shall retain all appeal rights available under the Manual for Courts-Martial, and the appeal shall include a review for abuse of discretion and legal sufficiency of the evidence.

2015, c. 194.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 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.
Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-40.2. Administration of oaths and taking of sworn statements by commissioned officers.
In addition to those powers set forth in § 44-40, commissioned officers in the Virginia National Guard may administer oaths and take sworn statements in connection with any investigation required by law or regulation pertaining to the Virginia National Guard in the performance of their duties.

1987, c. 32.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-41. Armory drills, inactive training, annual active duty training, etc.
Training, including inactive training, armory drills, annual active duty for training, active duty training and other exercises, shall be conducted in accordance with existing or subsequently amended National Guard regulations.

1930, p. 955; Michie Code 1942, § 2673(31); 1958, c. 393; 1964, c. 227.

Code of Virginia — Title 44 (Military and Emergency Laws), Chapter 1 (MILITARY LAWS OF VIRGINIA)
§ 44-41.1. Failure to report; etc.
If any person, being an active member of the Virginia National Guard, in violation of valid orders, fails to initially report to his appointed place of duty at the appointed time of duty under Title 32 of the United States Code or for state active duty, or having initially reported absents himself without leave, he shall be guilty of a Class 4 misdemeanor. A warrant for such offense may be sworn by any officer of the unit to which the soldier or airman who failed to report, or absented himself, is assigned. Any such warrant shall be withdrawn upon the written request of the soldier or airman's commanding officer.

1977, c. 315; 1978, c. 342; 1983, c. 65; 1984, c. 206; 2011, cc. 72, 108.