Delaware § 171 Governor as Commander in Chief; call out of National Guard for state duty

Delaware Statutes

§ 171 — Governor as Commander in Chief; call out of National Guard for state duty

Delaware § 171

JurisdictionDelaware

Title20

PartMilitary

Ch. 1DELAWARE NATIONAL GUARD

Subch.Calling Out of National Guard

This text of Delaware § 171 (Governor as Commander in Chief; call out of National Guard for state duty) is published on Counsel Stack Legal Research, covering Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Del. Code tit. 20, § 171 (2026).

Text

(a)When the Governor has determined that it is in the best interest of the State, the Governor by order may:

(1)Call out any unit or units, member or members of the Delaware National Guard to serve in a state duty status to respond to any emergency situation.

(2)Call out any member or members of the Delaware National Guard to serve on state duty status to plan for any impending emergency.

(3)Call out any unit or units, member or members of the Delaware National Guard to serve on state duty for an emergency or impending emergency to fulfill obligations under any interstate emergency agreements or compacts; and such troops may be employed within or outside of Delaware as required by the agreement or compact.

(4)Call out units or members of the Delaware National Guard for training or

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(a) When the Governor has determined that it is in the best interest of the State, the Governor by order may:

(1) Call out any unit or units, member or members of the Delaware National Guard to serve in a state duty status to respond to any emergency situation.

(2) Call out any member or members of the Delaware National Guard to serve on state duty status to plan for any impending emergency.

(3) Call out any unit or units, member or members of the Delaware National Guard to serve on state duty for an emergency or impending emergency to fulfill obligations under any interstate emergency agreements or compacts; and such troops may be employed within or outside of Delaware as required by the agreement or compact.

(4) Call out units or members of the Delaware National Guard for training or other nonemergency function as deemed appropriate subject to funding availability.

(5) Call out any member sentenced to incarceration by a general or special court-martial to state active duty with no pay for the duration of the confinement pursuant to § 155 of this title.

(b) The Governor shall serve as commander-in-chief of the Delaware National Guard when it is not in federal service.

Legislative History

20 Del. Laws, c. 392, § 42 ; 22 Del. Laws, c. 284, § 1 ; 24 Del. Laws, c. 62, § 4 ; Code 1915, §§ 311, 325; 32 Del. Laws, c. 22, § 1 ; Code 1935, § 285; 47 Del. Laws, c. 329, § 6 ; 20 Del. C. 1953, § 171; 64 Del. Laws, c. 258, § 1 ; 72 Del. Laws, c. 106, § 20 ; 80 Del. Laws, c. 387, § 2