§ 44-5 — Exemptions from militia duty

In addition to those exempted by the laws of the United States, the following persons shall be exempt from military duty under a state call:

1. The officers, judicial and executive, of the governments of the United States and the Commonwealth of Virginia;

2. The members of the General Assembly of the Commonwealth of Virginia and of the Congress of the United States;

3. Persons in the active military or naval services of the United States;

4. Persons employed by the United States in the transmission of the mail;

5. The judges and clerks of courts of record;

6. The mayor and councilmen of incorporated cities and towns;

7. Members of the governing bodies of counties;

8. Sheriffs, United States district attorneys, attorneys for the Commonwealth and city attorneys;

9. Marine pilots;

10. All persons who because of religious belief shall claim exemption from military service, if the conscientious holding of such belief by such person shall be established under such regulations as the President of the United States shall prescribe, shall be exempted from militia service in any capacity that the President shall declare to be combatant; and

11. Such other persons as may be designated by the Governor in the best interests of the public and of the Commonwealth.

Legislative History

1930, p. 949; Michie Code 1942, § 2673(5); 1958, c. 393; 1976, c. 399; 2011, cc. 572, 586.