Mission And Authority
The Mission of the Virginia Defense Force is to Support the Virginia National Guard:
Assume Control of National Guard Facilities
Assist In National Guard Mobilization
Support the National Guard with Family Assistance
Perform All Tasks Currently Performed by the National Guard to Protect Life and Property
Perform Tasks Unique to the Post Mobilization Environment
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 fifty-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.)
--------------------------------------------------------------------------------
Federal Statute
32 U.S.C. Section 109.
Sec. 109. Maintenance of other troops
(a) In time of peace, a State or Territory, Puerto Rico, the Virgin Islands, or the District of Columbia may
maintain no troops other than those of its National Guard and defense forces authorized by subsection (c).
(b) Nothing in this title limits the right of a State or Territory, Puerto Rico, the Virgin Islands, or the District
of Columbia to use its National Guard or its defense forces authorized by subsection (c) within its borders
in time of peace, or prevents it from organizing and maintaining police or constabulary.
(c) In addition to its National Guard, if any, a State or Territory, Puerto Rico, the Virgin Islands, or the
District of Columbia may, as provided by its laws, organize and maintain defense forces. A defense force
established under this section may be used within the jurisdiction concerned, as its chief executive (or
commanding general in the case of the District of Columbia) considers necessary, but it may not be called,
ordered, or drafted into the armed forces.
(d) A member of a defense force established under subsection (c) is not, because of that membership,
exempt from service in the armed forces, nor is he entitled to pay, allowances, subsistence,
transportation, or medical care or treatment, from funds of the United States.
(e) A person may not become a member of a defense force established under subsection (c) if he is a
member of a reserve component of the armed forces.
Title 10, Section 311, United States Code, Armed Forces, as revised September 2, 1958.
The militia of the United States consists of all able-bodied males at least 17 years of age and, except, as
provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of
intention to become, citizens of the United States and of female citizens of the United States who are
commissioned officers of the National Guard. The classes of the militia are (1) the organized militia, which
consists of the National Guard and Naval Militia; and (2) the unorganized militia, which consists of the
militia who are not members of the National Guard or Naval Militia.
National Guard Bureau State Defense Force Regulations:
http://www.vdf.virginia.gov/pdf/National_Guard_Bureau_10-4.pdf
"Uncertain as we must ever be of the particular point in our circumference where an enemy may choose to
invade us, the only force which can be ready at every point and competent to oppose them, is the body of
neighboring citizens as formed into a militia. On these, collected from the parts most convenient, in
numbers proportioned to the invading foe, it is best to rely, not only to meet the first attack, but if it
threatens to be permanent, to maintain the defence until regulars may be engaged to relieve them."
--Thomas Jefferson: 1st Annual Message, 1801. ME 3:334
The Mission of the Virginia Defense Force is to Support the Virginia National Guard:
Assume Control of National Guard Facilities
Assist In National Guard Mobilization
Support the National Guard with Family Assistance
Perform All Tasks Currently Performed by the National Guard to Protect Life and Property
Perform Tasks Unique to the Post Mobilization Environment
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 fifty-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.)
--------------------------------------------------------------------------------
Federal Statute
32 U.S.C. Section 109.
Sec. 109. Maintenance of other troops
(a) In time of peace, a State or Territory, Puerto Rico, the Virgin Islands, or the District of Columbia may
maintain no troops other than those of its National Guard and defense forces authorized by subsection (c).
(b) Nothing in this title limits the right of a State or Territory, Puerto Rico, the Virgin Islands, or the District
of Columbia to use its National Guard or its defense forces authorized by subsection (c) within its borders
in time of peace, or prevents it from organizing and maintaining police or constabulary.
(c) In addition to its National Guard, if any, a State or Territory, Puerto Rico, the Virgin Islands, or the
District of Columbia may, as provided by its laws, organize and maintain defense forces. A defense force
established under this section may be used within the jurisdiction concerned, as its chief executive (or
commanding general in the case of the District of Columbia) considers necessary, but it may not be called,
ordered, or drafted into the armed forces.
(d) A member of a defense force established under subsection (c) is not, because of that membership,
exempt from service in the armed forces, nor is he entitled to pay, allowances, subsistence,
transportation, or medical care or treatment, from funds of the United States.
(e) A person may not become a member of a defense force established under subsection (c) if he is a
member of a reserve component of the armed forces.
Title 10, Section 311, United States Code, Armed Forces, as revised September 2, 1958.
The militia of the United States consists of all able-bodied males at least 17 years of age and, except, as
provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of
intention to become, citizens of the United States and of female citizens of the United States who are
commissioned officers of the National Guard. The classes of the militia are (1) the organized militia, which
consists of the National Guard and Naval Militia; and (2) the unorganized militia, which consists of the
militia who are not members of the National Guard or Naval Militia.
National Guard Bureau State Defense Force Regulations:
http://www.vdf.virginia.gov/pdf/National_Guard_Bureau_10-4.pdf
"Uncertain as we must ever be of the particular point in our circumference where an enemy may choose to
invade us, the only force which can be ready at every point and competent to oppose them, is the body of
neighboring citizens as formed into a militia. On these, collected from the parts most convenient, in
numbers proportioned to the invading foe, it is best to rely, not only to meet the first attack, but if it
threatens to be permanent, to maintain the defence until regulars may be engaged to relieve them."
--Thomas Jefferson: 1st Annual Message, 1801. ME 3:334
Mission and Authority
