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Home » US Law » 2022 West Virginia Code » Chapter 15. Public Safety » Article 1D. Active State Service

§15-1D-1. Calling Out National Guard by Governor

In event of war, insurrection, rebellion, invasion, tumult, riot, mob or body of men acting together by force with intent to commit a felony or to offer violence to persons or property, or by force and violence to break and resist the laws of this state or the United States, or in case of the […]

§15-1D-10. Regulation of Occupancy of Streets for Passage of National Guard

Whenever any portion of the National Guard is or has been called out for the performance of any duty under the provisions of this article, it shall be lawful for the commanding officer of such National Guard, if it be deemed advisable in the circumstances of the emergency, to prohibit all persons from occupying or […]

§15-1D-11. Transportation of Officers and Men

The several railroads and other transportation companies in this state shall furnish transportation for all officers and enlisted men in the National Guard, together with the stores, ammunition and equipment, when traveling on duty under orders from competent authority, on request of the officer desiring transportation, which request shall state the number of persons to […]

§15-1D-12. Trespassing Upon Armories, etc.; Interrupting, Interfering With, etc., National Guard; Regulation of Certain Sales, Gambling, etc., Within Certain Limits of Armories, etc.

a. Any person who shall, after due warning, trespass upon any armory, camp, range, or other facility of the National Guard or other place where any force of the National Guard is performing military duty, or who shall in any manner interrupt or molest the discharge of military duties by any member or force of […]

§15-1D-13. Regulations While State Military Forces on Duty

When any portion of the military forces of this state shall be in active service of the state, pursuant to this article, the code of military justice and the general regulations for the government of the Armed Forces of the United States shall be considered in force and regarded as a part of this article […]

§15-1D-14. When Martial Law May Be Declared

In the event of invasion, insurrection, rebellion or riot, flood or other public disaster or emergency, the Governor, in his discretion, may by proclamation containing such powers as would meet the exigencies of the situation, declare a state of martial law or rule in the towns, cities, districts or counties where such disturbances or emergencies […]

§15-1D-2. Limited Emergency

In time of public disaster or emergency, the Governor may declare a limited emergency in the affected area and designate the commander of the National Guard units called to duty to coordinate and direct the activities of all persons, organizations and agencies participating in the evacuation, safeguarding, relief and rehabilitation of the affected area, delegating […]

§15-1D-3. Use of Military Force to Disperse Riots, etc.

Before using any military force in the dispersion of any riot, rout, tumult, mob or unlawful assembly, or combination mentioned in this article, it shall be the duty of the civil authorities present, or if none be present, then of the officer in command of the troops, or some person by him deputed, to command […]

§15-1D-4. Failure to Disperse

Any person or persons composing or taking part in any riot, rout, tumult, mob or lawless combination or assembly mentioned in this article, who, after being duly commanded to disperse, as provided in the preceding section, willfully and intentionally fails to do so as soon as practicable, shall be guilty of a felony, and, on […]

§15-1D-5. Power of Officers to Arrest, Disperse or Quell Persons Rioting, etc.

After any person or persons, composing or taking part, or about to take part, in any riot, rout, mob, tumult, or unlawful combination or assembly mentioned in this article shall have been duly commanded to disperse, or when the circumstances are such that no such command is requisite under the provisions of this article, and […]

§15-1D-6. Assaults on National Guard or Persons Aiding It

It shall be unlawful for any person to assault, fire upon, or throw any missile at, against or upon any member or body of the National Guard, or civil officer, or other person lawfully aiding them, when going to, returning from, or assembled for performing any duty under the provisions of this article; and any […]

§15-1D-7. Repelling Assault

If any portion of the National Guard, or any person lawfully aiding them in the performance of any duty, under the provisions of this article, is assaulted, attacked or in imminent danger thereof, the commanding officer of such National Guard need not await any orders from any civil authority but may at once proceed to […]

§15-1D-8. Duty to Retire From Unlawful Assembly

Whenever any shot is fired or missile thrown at, against or upon any body of the National Guard, or upon any officer or member thereof, assembling or assembled for the performance of any duty under the provisions of this article, it shall forthwith be the duty of every person in the assembly from which such […]

§15-1D-9. National Guard to Have Right-of-Way; Exceptions

Any portion of the National Guard parading or performing any duty according to law shall have the right-of-way in any street or highway through which they may pass: Provided, That the carriage of United States mails and operations of fire engines and fire departments shall not be interfered with thereby.