North Carolina Statutes

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.

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.

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.

Article 13 - Armories.

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...