Chapter 127A Militia
Article 1 - Classification of Militia.
- § 127A-1 Composition of militia
The militia of the State shall consist of all able‑bodied citizens of the State and of the United States and such other able‑bodied persons who...
- § 127A-2 Classification of militia
The militia shall be divided into the organized and unorganized militia. The organized militia shall consist of four classes: the North Carolina national guard, the...
- § 127A-3 Organized militia; national guard
The North Carolina national guard, both army and air, shall consist of regularly commissioned, warrant and enlisted personnel between such ages as may be established...
- § 127A-4 Organized militia; naval militia
The naval militia shall consist of regularly commissioned, warrant and enlisted personnel between such ages as may be established by regulations promulgated by the secretary...
- § 127A-5 Organized militia; State defense militia
The State defense militia shall consist of commissioned, warrant and enlisted personnel called, ordered, appointed or enlisted therein by the Governor under the provisions of...
- § 127A-6 Organized militia; historic military commands
Historic military commands are those historic groups which remain active by meeting at least once a month and which follow military procedures. Only such groups...
- § 127A-7 Composition of unorganized militia
The unorganized militia shall consist of all other able‑bodied citizens of the State and of the United States and such other able‑bodied persons who have...
- § 127A-8 Exemptions from duty with the militia
The officers, judicial and executive, of the government of the United States and the State of North Carolina, persons in the military or naval service...
- § 127A-9 Number of troops authorized
In time of peace the State shall maintain only such troops as may be authorized by the President of the United States; but nothing contained...
- § 127A-10 Corps entitled to retain privileges
Any corps of artillery, cavalry, or infantry existing in the State on the passage of the act of Congress of May 8, 1792, which by...
- § 127A-11 through 127A-15 Reserved for future codification purposes
Article 2 - General Administrative Officers.
- § 127A-16 Governor as commander in chief
(a) The Governor shall be commander in chief of the militia and shall have power to call out the militia to execute the laws, secure...
- § 127A-17 Commander in chief to prescribe regulations
The commander in chief shall have the power and it shall be his duty from time to time to issue such orders and to prescribe...
- § 127A-17.1 Confidentiality of national guard records
Notwithstanding any provision of Chapter 143B, no records of the national guard in the Department of Crime Control and Public Safety shall be disclosed or...
- § 127A-18 Personal staff of Governor
The Governor may detail not more than 10 active national guard members and two active naval militia members who shall in addition to their regular...
- § 127A-19 Adjutant General
The military head of the militia shall be the Adjutant General who shall hold the rank of major general. The Adjutant General shall be appointed...
- § 127A-20 Administrative and operational relationships of the Adjutant General
In all administrative and operational matters affecting the militia while under State control, the Adjutant General shall be responsible to and subject to the direction...
- § 127A-21 United States property and fiscal officer
(a) The Governor of the State, in consultation with the Secretary of Crime Control and Public Safety, shall appoint, designate, or detail, subject to the...
- § 127A-22 North Carolina property and fiscal officer
(a) Upon full mobilization of the North Carolina national guard into federal service to the extent that the functions of a United States property and...
- § 127A-23 Commissions for commandants and officers at qualified educational institutions
The Governor of North Carolina is authorized to appoint and commission, as staff officers of the North Carolina unorganized militia, the officers of any university,...
- § 127A-24 through 127A-28 Reserved for future codification purposes
Article 3 - National Guard.
- § 127A-29 National guard
The national guard class of the four classes of the organized militia as established under G.S. 127A‑2 is hereby designated the North Carolina national guard....
- § 127A-30 Organization of national guard 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,...
- § 127A-31 Location of units
The Governor shall determine and fix the location of the units and headquarters of the national guard within the State; but no organization of the...
- § 127A-32 Officers appointed and commissioned; oath of office
All officers of the national guard shall be appointed and commissioned by the Governor as follows, viz.: (1) Except as otherwise specifically provided by the...
- § 127A-33 Promotion of officers by seniority and in accordance with regulations
The promotion of all officers shall be by seniority as far as the same is practicable and to the best interest of the service within...
- § 127A-34 Relative rank among officers of same grade
Officers of the North Carolina national guard in the same grade rank among themselves according to the date of rank established by regulations promulgated by...
- § 127A-35 Elimination and disposition of officers; efficiency board; transfer to inactive status
(a) Whenever the efficiency or general fitness, including physical fitness, of a national guard officer is in question, the Adjutant General, State of North Carolina,...
- § 127A-36 Retirement of officers
Retirement of officers shall be regulated so as to conform to federal laws and regulations of the United States relating to retirement of national guard...
- § 127A-37 Enlistments in national guard; oath of enlistment
(a) Enlistments in the national guard shall be for such periods and subject to such qualifications as prescribed by the secretary of the appropriate service....
- § 127A-38 Discharge of enlisted personnel
(a) Enlisted personnel discharged from service in the national guard shall receive a discharge in writing in such form and with such classification as is...
- § 127A-39 Membership continued in the national guard
When called or ordered into federal service and discharged therefrom, members shall continue their membership in the national guard until the expiration of their enlistment...
- § 127A-40 Pensions for the members of the North Carolina national guard
(a) Every member and former member of the North Carolina national guard who meets the requirements hereinafter set forth shall receive, commencing at age 60,...
- § 127A-41 Uniforms, arms and equipment
The national guard shall, as far as practicable, be uniformed, armed and equipped with the same type of uniforms, arms and equipment as is or...
- § 127A-41.1 Stay of legal and court proceedings because of State military service
At any stage of any legal proceeding in any court in which a person called into service of the State by the Governor is involved,...
- § 127A-41.2 Operation of post exchanges
(a) The North Carolina national guard is authorized to operate post exchanges. (b) The North Carolina national guard is authorized to enter into agreements with...
- § 127A-42 Distinguished Service Medal by Governor of North Carolina
There is hereby created the North Carolina Distinguished Service Medal which shall be of appropriate design, and a ribbon, together with a rosette or other...
- § 127A-43 North Carolina National Guard Meritorious Service Medal
There is hereby created the North Carolina National Guard Meritorious Service Medal which shall be of appropriate design, and a ribbon, together with a rosette...
- § 127A-44 North Carolina National Guard Commendation Medal
There is hereby created the North Carolina National Guard Commendation Medal which shall be of appropriate design, and a ribbon, together with a rosette or...
- § 127A-44.1 North Carolina National Guard Achievement Medal
There is hereby created the North Carolina National Guard Achievement Medal which shall be of appropriate design, and a ribbon, together with a rosette or...
- § 127A-45 North Carolina National Guard State Active Duty Award
There is hereby created the North Carolina National Guard State Active Duty Award which shall be a ribbon of appropriate design. This ribbon and appurtenances...
- § 127A-45.1 North Carolina National Guard Governor's Unit Citation
There is hereby created the North Carolina National Guard Governor's Unit Citation which shall be a streamer, a unit emblem, and a certificate, all of...
- § 127A-45.2 North Carolina National Guard Meritorious Unit Citation
There is hereby created the North Carolina National Guard Meritorious Unit Citation which shall be a streamer, a unit emblem, and a certificate, all of...
- § 127A-45.2A North Carolina National Guard Outstanding Unit Award
There is hereby created the North Carolina National Guard Outstanding Unit Award which shall be a streamer, a unit emblem, and a certificate, all of...
- § 127A-45.3 North Carolina National Guard Distinguished Civilian Service Medal
There is hereby created the North Carolina National Guard Distinguished Civilian Service Medal which shall be of appropriate design, rosette or other device to be...
- § 127A-45.4 North Carolina National Guard Outstanding Civilian Service Medal
There is hereby created the North Carolina National Guard Outstanding Civilian Service Medal which shall be of appropriate design, rosette or other device to be...
- § 127A-45.5 North Carolina National Guard Meritorious Civilian Service Award
There is hereby created the North Carolina National Guard Meritorious Civilian Service Award which shall consist of a certificate of a design approved by the...
- § 127A-45.5A Other awards
The Adjutant General may, from time to time, create such other awards and medals to recognize meritorious service or outstanding achievement. The creation of such...
- § 127A-46 Authority to wear medals, ribbons and other awards
The Adjutant General may prescribe those medals, ribbons and other awards and decorations which may be worn by members of the militia, not inconsistent with...
- § 127A-47 Courts-martial for national guard
Courts‑martial for organizations of the national guard not in the service of the United States shall be of three kinds, namely, general courts‑martial, special courts‑martial,...
- § 127A-48 General courts-martial
General courts‑martial of the national guard not in the service of the United States may be convened by orders of the Governor of the State,...
- § 127A-49 Special courts-martial; appointments, power and authority
In the national guard, not in the service of the United States, special courts‑martial may be appointed by: (1) The commander of a brigade, regiment,...
- § 127A-50 Summary courts-martial
In the national guard, not in the service of the United States, summary courts‑martial may be appointed by the commander of any company, battery, detachment,...
- § 127A-50.1 Military judges
The Adjutant General shall appoint military judges to preside over courts‑martial of the National Guard not in federal service. Minimum requirements for appointment as a...
- § 127A-51 Nonjudicial punishment
Any commander of the national guard, not in the service of the United States, may, in addition to or in lieu of admonition or reprimand,...
- § 127A-52 Jurisdiction of courts-martial
The jurisdiction of courts‑martial of the national guard, not in the service of the United States, except as to punishments, shall be as prescribed by...
- § 127A-53 Manual for Courts-Martial
Trials and proceedings by all courts and boards shall be in accordance with the plans and procedures laid down in the Manual for Courts‑Martial, United...
- § 127A-54 Sentences; where executed
All sentences to confinement imposed by any military court of this State shall be executed in such prisons as the court may designate. (1917, c....
- § 127A-55 Forms for courts-martial procedure
In the national guard, not in the service of the United States, forms for courts‑martial procedure shall be substantially as those set forth in the...
- § 127A-56 Powers of courts-martial
In the national guard, not in the service of the United States, presidents of courts‑martial and summary court officers shall have power to issue warrants...
- § 127A-57 Execution of processes and sentences
All processes and sentences of any of the military courts of this State shall be executed by any sheriff, deputy sheriff, or police officer into...
- § 127A-58 Sentence of confinement
All courts‑martial of the national guard, not in the service of the United States, including summary courts, shall have power to sentence to confinement in...
- § 127A-59 Commitments
When any sentence to fine or imprisonment shall be imposed by any military court of this State, it shall be the duty of the president...
- § 127A-60 Sentence of dismissal
No sentence of dismissal from the service or dishonorable discharge, imposed by a national guard court‑martial not in the service of the United States, shall...
- § 127A-61 Disposition of fines
Fines imposed by courts‑martial under this Chapter shall be disposed of as prescribed in Article IX, Sec. 7, of the Constitution of North Carolina. (1975,...
- § 127A-62 through 127A-66 Reserved for future codification purposes
Article 4 - Naval Militia.
- § 127A-67 Organization and equipment
The organization of the naval militia shall be units of convenient size, in each of which the number and rank of officers and the distribution...
- § 127A-68 Officers appointed to naval militia
Officers of the United States navy and marine corps may, with the approval of the Secretary of the Navy, be appointed by the Governor and...
- § 127A-69 Officers assigned to duty
Line officers of the naval militia may be for line duties only, for engineering duties only, or for aeronautic duties only. (1917, c. 200, s....
- § 127A-70 Discipline in naval militia
The naval militia shall be subject to the system of discipline prescribed for the United States navy and marine corps, and the commanding officer of...
- § 127A-71 Disbursing and accounting officer
The Governor shall appoint a disbursing officer, approved by and of such rank as may be prescribed by the Secretary of the Navy, to perform...
- § 127A-72 Rendition of accounts
Accounting officers shall render accounts as prescribed by the Governor or by the Secretary of the Navy, and shall be required to give good and...
- § 127A-73 Disbandment of naval militia
No part of the naval militia which is entitled to compensation under the provisions of an act of Congress approved August 29, 1916, shall be...
- § 127A-74 Courts-martial for naval militia
Courts‑martial for the naval militia, not in the service of the United States, shall be organized, have the same powers, functions and authorities, and follow...
- § 127A-75 through 127A-79 Reserved for future codification purposes
Article 5 - State Defense Militia.
Article 6 - Unorganized Militia.
- § 127A-87 Unorganized militia ordered out for service
The commander in chief may at any time, in order to execute the law, secure the safety of persons and property, suppress riots or insurrections,...
- § 127A-88 Manner of ordering out unorganized militia
The Governor shall, when ordering out the unorganized militia, designate the number. He may order them out either by calling for volunteers or by draft....
- § 127A-89 Draft of unorganized militia
If the unorganized militia is ordered out by draft, the Governor shall designate the persons in each county to make the draft, and prescribe rules...
- § 127A-90 Punishment for failure to appear
Every member of the militia ordered out for duty, or who shall volunteer or be drafted, who does not appear at the time and place...
- § 127A-91 Promotion of marksmanship
The Adjutant General is authorized to detail a commissioned officer of the North Carolina national guard or member of the State defense militia to promote...
- § 127A-92 through 127A-96 Reserved for future codification purposes
Article 7 - Regulations as to Active Service.
Article 8 - Pay of Militia.
- § 127A-105 Rations and pay on State service
The militia of the State, both officers and enlisted personnel, when called into the service of the State by the Governor shall receive the same...
- § 127A-106 Paid by the State
When the militia or any portion thereof shall be ordered by the Governor into State service, the pay (including payment for any leave earned as...
- § 127A-107 Rate of pay for other service
The Governor may, whenever the public service requires it, order upon special or regular duty any officer or enlisted member of the national guard or...
- § 127A-108 Pay and care of soldiers, airmen and sailors disabled in service
A member of the national guard, the State defense militia, or the naval militia who without fault or negligence on his part is disabled through...
- § 127A-109 Pay of general and field officers
General and field officers when away from their home stations visiting the organizations of their commands, for inspection and instruction under orders from proper authority,...
- § 127A-110 Proceedings against third party injuring or killing guard personnel
(a) The right to compensation and other benefits under G.S. 127A‑108 shall not be affected by the fact that the injury or death was caused...
- § 127A-111 Civilian leave option
(a) A member of the North Carolina National Guard called into service of the State by the Governor shall have the right to take leave...
- § 127A-112 through 127A-115 Reserved for future codification purposes
Article 9 - Privilege of Organized State Militia and Reserve Components of The United States Armed Forces.
Article 10 - Care of Military Property.
- § 127A-125 Custody of military property
All public military property, except when used in the performance of military duty, shall be kept in armories, or other properly designated places of deposit;...
- § 127A-126 Other suitable storage facilities
All public military property of every description which may not be distributed among the units of the national guard or State defense militia according to...
- § 127A-127 Property kept in good order
Every officer and enlisted member belonging to any unit equipped with public military property shall keep and preserve such property in good order; and for...
- § 127A-128 Equipment and vehicles
Equipment and vehicles issued by the Department of Defense to the national guard or State defense militia shall be used solely for military purposes, except...
- § 127A-129 Transfer of property
All officers accountable or responsible for public funds, property, or books, before being relieved from the duty, shall turn over the same according to the...
- § 127A-130 Replacement of lost or damaged property
Whenever any military property issued to the national guard or State defense militia of the State shall have been lost, damaged, or destroyed, and upon...
- § 127A-131 Unlawful conversion or willful destruction of military property
(a) If any person shall willfully or wantonly destroy or injure, willfully retain after demand made or otherwise convert to his own use any property...
- § 127A-132 through 127A-136 Reserved for future codification purposes
Article 11 - Support of Militia.
Article 12 - General Provisions.
- § 127A-145 Reports of officers
All officers of the national guard, the State defense militia, and the naval militia shall make such returns and reports to the Governor, Secretary of...
- § 127A-146 Officer to give notice of absence
When any officer shall have occasion to be absent from his usual residence one week or more, he shall notify the officer next in command,...
- § 127A-147 Orders, rules, regulations and Uniform Code of Military Justice applicable to militia when not in service of United States
The national guard, State defense militia and naval militia, when not in the service of the United States, shall except as to punishments, be governed...
- § 127A-148 Commander may prevent trespass and disorder
The commander upon any occasion of duty may place in arrest during the continuance thereof any person who shall trespass upon the campground, parade ground,...
- § 127A-149 Power of arrest in certain emergencies
In the event members of the North Carolina national guard or State defense militia are called out by the Governor pursuant to the authority vested...
- § 127A-150 Immunity of guardsmen from civil and criminal liability
(a) A member of the North Carolina national guard or State defense militia, while acting in aid of civil authorities and in the line of...
- § 127A-151 Organizing company without authority
If any person shall organize a military company, or drill or parade under arms as a military body, except under the militia laws and regulations...
- § 127A-152 Placing name on muster roll wrongfully
If any officer of the militia of the State shall knowingly or willfully place, or cause to be placed, on any muster roll the name...
- § 127A-153 Protection of uniform
(a) The wearing of any military uniform of the United States government by members of the militia shall be pursuant to applicable regulations promulgated by...
- § 127A-154 Upkeep of properties
There shall be paid from the appropriations from the national guard such amounts as may be necessary for the maintenance, upkeep, and improvement of State...
- § 127A-155 When officers authorized to administer oaths
Officers of the national guard are authorized to administer oaths in all circumstances pertaining to any military matter whenever an oath is required. (1949, c....
- § 127A-156 through 127A-160 Reserved for future codification purposes
Article 13 - Armories.
- § 127A-161 Definitions
As used in this Article, the following terms mean: (1) Armory: Any building or building complex and related facilities, including the lands for them, which...
- § 127A-162 Authority to foster development of armories and facilities
The Department of Crime Control and Public Safety is authorized and empowered to foster the development in North Carolina of adequate armories and other necessary...
- § 127A-163 Powers of Department specified
The Department of Crime Control and Public Safety is further authorized and empowered: (1) To act as an agency of the State of North Carolina...
- § 127A-164 Power to acquire land, make contracts, etc
In furtherance of the duties, power, and authority given herein, the Department of Crime Control and Public Safety is authorized and empowered within the limitations...
- § 127A-165 Counties and municipalities may lease, convey or acquire property for use as armory
Every municipality and county of the State of North Carolina is hereby authorized and empowered to lease or convey by deed to the State of...
- § 127A-166 Prior conveyances validated
All conveyances of real property made before April 20, 1949, by any municipality or county of the State of North Carolina to the State of...
- § 127A-167 Appropriations to supplement available funds authorized
Any city or town and any county in the State, separately or jointly, may make appropriations to supplement available federal or State funds to be...
- § 127A-168 Local financial support
Each county and city in this State is authorized to make appropriations for the purposes of this Article and to fund them by levy of...
- § 127A-169 Unexpended portion of State appropriation
The unexpended portion of any appropriation from the general fund of the State for the purposes set out in this Article, remaining at the end...
- § 127A-170 through 127A-174 Reserved for future codification purposes
Article 14 - National Guard Mutual Assistance Compact.
- § 127A-175 Purposes
(a) Provide for mutual aid among the party states in the utilization of the national guard to cope with emergencies. (b) Permit and encourage a...
- § 127A-176 Entry into force and withdrawal
(a) This Compact shall enter into force when enacted into law by any two states. Thereafter, this Compact shall become effective as to any other...
- § 127A-177 Definitions; mutual aid
(a) As used in this Article: (1) "Emergency" means an occurrence or condition, temporary in nature, in which police and other public safety officials and...
- § 127A-178 Delegation
Nothing in this Compact shall be construed to prevent the governor of a party state from delegating any of his responsibilities or authority respecting the...
- § 127A-179 Limitations
Nothing in this Compact shall: (1) Expand or add to the functions of the national guard, except with respect to the jurisdictions within [which] such...
- § 127A-180 Construction and severability
This Compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this Compact shall be severable and if any phrase,...
- § 127A-181 Payment of liability to responding state
Upon presentation of a claim therefor by an appropriate authority of a state whose national guard forces have aided this State pursuant to the Compact,...
- § 127A-182 Status, rights and benefits of forces engaged pursuant to Compact
In accordance with G.S. 127A‑177(h) of this Compact, members of the national guard forces of this State shall be deemed to be in State service...
- § 127A-183 Injury or death while going to or returning from duty
All benefits to be paid under G.S. 127A‑177(h) of the foregoing Compact shall include any injury or death sustained while going to or returning from...
- § 127A-184 Authority of responding state required to relieve from assignment or reassign officers
Nothing in the foregoing Compact shall authorize or permit state officials or military officers of the requesting state to relieve from assignment or reassign officers...
- § 127A-185 through 127A-189 Reserved for future codification purposes
Article 15 - North Carolina National Guard Tuition Assistance Act of 1975.
- § 127A-190 Short title
This Article shall be known and may be cited as the North Carolina National Guard Tuition Assistance Act of 1975. (1975, c. 917, s. 2.)
- § 127A-191 Purpose
The General Assembly of North Carolina, recognizing that the North Carolina national guard is the only organized, trained and equipped military force subject to the...
- § 127A-192 Definitions
(a) "Business or Trade School". Any school within the State of North Carolina which is licensed by the State Board of Education and listed by...
- § 127A-193 Benefit
The benefit provided under this Article shall consist of a monetary educational assistance grant not to exceed the highest amount charged by a State educational...
- § 127A-194 Eligibility
(a) Active members of the North Carolina national guard who are enrolled or who shall enroll in any business or trade school, private educational institution...
- § 127A-195 Administration and funding
(a) The Secretary of Crime Control and Public Safety is charged with the administration of the tuition assistance program under this Article. He may delegate...
- § 127A-196 through 127A-200 Reserved for future codification purposes
Article 16 - National Guard Reemployment Rights.
- § 127A-201 Entitlement
Any member of the North Carolina National Guard who, at the direction of the Governor, enters State duty, is entitled, upon honorable release from State...
- § 127A-202 Rights
Upon release from State duty, the employee shall make written application to his previous employer for reemployment within five days of his release from duty...
- § 127A-202.1 Discrimination against persons who serve in the North Carolina National Guard and acts of reprisal prohibited
(a) It is the policy of this State that all individuals shall be afforded the right to perform, apply to perform, or have an obligation...
- § 127A-203 Penalties for denial
If any employer, public or private, fails or refuses to comply with G.S. 127A‑202, the superior court for the district of the employer's place of...
