§ 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;
6. The mayor and councilmen of incorporated cities and towns;
8. Sheriffs, United States district attorneys, attorneys for the Commonwealth and city attorneys;
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.
History
This law was first created in 1930. The record of its establishment is cataloged at page 949 of that year’s edition of “Acts of Assembly,” the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1930 “Acts” aren’t available online. It has been modified 4 times. Those modifications are cataloged by “The Acts of Assembly,” a state publication, by year and chapter. Those modifications that can be read on the General Assembly’s website will be linked accordingly. Those modifications are as follows: in 1942, when it was recodified as § 2673(5); in 1958, chapter 393; in 1976, chapter 399; in 2011, chapters 572 and 586.
1930, p. 949; Michie Code 1942, § 2673(5); 1958, c. 393; 1976, c. 399; 2011, cc. 572, 586.