{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/44-5.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/44-5.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/44-5.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/44-5.html"}],"law_id":363890,"edition_id":2,"section_id":363890,"structure_id":51900,"section_number":"44-5","catch_line":"Exemptions from militia duty","history":"1930, p. 949; Michie Code 1942, \u00a7 2673(5); 1958, c. 393; 1976, c. 399; 2011, cc. 572, 586.","full_text":"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:\n\n1\n\nThe officers, judicial and executive, of the governments of the United States and the Commonwealth of Virginia;\n\n2\n\nThe members of the General Assembly of the Commonwealth of Virginia and of the Congress of the United States;\n\n3\n\nPersons in the active military or naval services of the United States;\n\n4\n\nPersons employed by the United States in the transmission of the mail;\n\n5\n\nThe judges and clerks of courts of record;\n\n6\n\nThe mayor and councilmen of incorporated cities and towns;\n\n7\n\nMembers of the governing bodies of counties;\n\n8\n\nSheriffs, United States district attorneys, attorneys for the Commonwealth and city attorneys;\n\n9\n\nMarine pilots;\n\n10\n\nAll 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\n\n11\n\nSuch other persons as may be designated by the Governor in the best interests of the public and of the Commonwealth.\n\n","order_by":null,"text":{"0":{"id":1355432,"text":"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:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":1355433,"text":"The officers, judicial and executive, of the governments of the United States and the Commonwealth of Virginia;","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":1355434,"text":"The members of the General Assembly of the Commonwealth of Virginia and of the Congress of the United States;","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":1355435,"text":"Persons in the active military or naval services of the United States;","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":1355436,"text":"Persons employed by the United States in the transmission of the mail;","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"5":{"id":1355437,"text":"The judges and clerks of courts of record;","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"6"},"6":{"id":1355438,"text":"The mayor and councilmen of incorporated cities and towns;","type":"section","prefixes":["6"],"prefix":"6","entire_prefix":"6","prefix_anchor":"6","level":1,"prior_prefix":"5","next_prefix":"7"},"7":{"id":1355439,"text":"Members of the governing bodies of counties;","type":"section","prefixes":["7"],"prefix":"7","entire_prefix":"7","prefix_anchor":"7","level":1,"prior_prefix":"6","next_prefix":"8"},"8":{"id":1355440,"text":"Sheriffs, United States district attorneys, attorneys for the Commonwealth and city attorneys;","type":"section","prefixes":["8"],"prefix":"8","entire_prefix":"8","prefix_anchor":"8","level":1,"prior_prefix":"7","next_prefix":"9"},"9":{"id":1355441,"text":"Marine pilots;","type":"section","prefixes":["9"],"prefix":"9","entire_prefix":"9","prefix_anchor":"9","level":1,"prior_prefix":"8","next_prefix":"10"},"10":{"id":1355442,"text":"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","type":"section","prefixes":["10"],"prefix":"10","entire_prefix":"10","prefix_anchor":"10","level":1,"prior_prefix":"9","next_prefix":"11"},"11":{"id":1355443,"text":"Such other persons as may be designated by the Governor in the best interests of the public and of the Commonwealth.","type":"section","prefixes":["11"],"prefix":"11","entire_prefix":"11","prefix_anchor":"11","level":1,"prior_prefix":"10"}},"ancestry":[{"id":51900,"edition_id":2,"name":"Classification of Militia","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":51899,"metadata":{"child_laws":8,"child_structures":0},"date_created":"2026-08-02 02:50:49","date_modified":"2026-08-02 12:33:29","permalink":{"id":1448555,"object_type":"structure","relational_id":51900,"identifier":"1","token":"44\/1\/1","url":"\/44\/1\/1\/","edition_id":2,"permalink":0,"preferred":1}},{"id":51899,"edition_id":2,"name":"Military Laws of Virginia","identifier":"1","label":"chapter","depth":2,"order_by":1,"parent_id":51898,"metadata":{"child_laws":150,"child_structures":16},"date_created":"2026-08-02 02:50:49","date_modified":"2026-08-02 12:33:29","permalink":{"id":1448553,"object_type":"structure","relational_id":51899,"identifier":"1","token":"44\/1","url":"\/44\/1\/","edition_id":2,"permalink":0,"preferred":1}},{"id":51898,"edition_id":2,"name":"Military and Emergency Laws","identifier":"44","label":"title","depth":1,"order_by":97,"parent_id":null,"metadata":{"child_laws":233,"child_structures":28},"date_created":"2026-08-02 02:50:49","date_modified":"2026-08-02 12:33:29","permalink":{"id":1448551,"object_type":"structure","relational_id":51898,"identifier":"44","token":"44","url":"\/44\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":363716,"structure_id":51900,"section_number":"44-1","catch_line":"Composition of militia","url":"\/44-1\/","token":"44\/1\/1\/44-1","metadata":false},{"id":363843,"structure_id":51900,"section_number":"44-2","catch_line":"Composition of National Guard","url":"\/44-2\/","token":"44\/1\/1\/44-2","metadata":false},{"id":363842,"structure_id":51900,"section_number":"44-2.1","catch_line":"Repealed","url":"\/44-2.1\/","token":"44\/1\/1\/44-2.1","metadata":false},{"id":363860,"structure_id":51900,"section_number":"44-3","catch_line":"Repealed","url":"\/44-3\/","token":"44\/1\/1\/44-3","metadata":false},{"id":363873,"structure_id":51900,"section_number":"44-4","catch_line":"Composition of unorganized militia","url":"\/44-4\/","token":"44\/1\/1\/44-4","metadata":false},{"id":363890,"structure_id":51900,"section_number":"44-5","catch_line":"Exemptions from militia duty","url":"\/44-5\/","token":"44\/1\/1\/44-5","metadata":false},{"id":363909,"structure_id":51900,"section_number":"44-6","catch_line":"Maintenance of other troops","url":"\/44-6\/","token":"44\/1\/1\/44-6","metadata":false},{"id":363911,"structure_id":51900,"section_number":"44-7","catch_line":"Repealed","url":"\/44-7\/","token":"44\/1\/1\/44-7","metadata":false}],"previous_section":{"id":363873,"structure_id":51900,"section_number":"44-4","catch_line":"Composition of unorganized militia","url":"\/44-4\/","token":"44\/1\/1\/44-4","metadata":false},"next_section":{"id":363909,"structure_id":51900,"section_number":"44-6","catch_line":"Maintenance of other troops","url":"\/44-6\/","token":"44\/1\/1\/44-6","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/44-5\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 3 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1958, chapter 393; in 1976, chapter 399; in 2011, chapters 572<\/a> and 586<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":1448577,"object_type":"law","relational_id":363890,"identifier":"44-5","token":"44\/1\/1\/44-5","url":"\/44-5\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/44-5\/","token":"44\/1\/1\/44-5","dublin_core":{"Title":"Exemptions from militia duty","Type":"Text","Format":"text\/html","Identifier":"\u00a7 44-5","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

In addition to those exempted by the laws<\/span> of the United States, the following persons shall be exempt from military duty under a state call:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The officers, judicial and executive, of the governments of the United States and the Commonwealth of Virginia; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The members of the General Assembly of the Commonwealth of Virginia and of the Congress of the United States; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Persons in the active military or naval services of the United States; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Persons employed by the United States in the transmission of the mail; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> The judges<\/span> and clerks of courts<\/span> of record; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> The mayor and councilmen of incorporated cities and towns; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Members of the governing bodies of counties; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> Sheriffs, United States district attorneys, attorneys for the Commonwealth and city attorneys; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> Marine pilots; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

10.<\/span> 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 <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

11.<\/span> Such other persons as may be designated by the Governor in the best interests of the public and of the Commonwealth. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nEXEMPTIONS FROM MILITIA DUTY (\u00a7 44-5)\n\nIn addition to those exempted by the laws of the United States, the following\npersons shall be exempt from military duty under a state call:\n\n1. The officers, judicial and executive, of the governments of the United States\nand the Commonwealth of Virginia;\n\n2. The members of the General Assembly of the Commonwealth of Virginia and of\nthe Congress of the United States;\n\n3. Persons in the active military or naval services of the United States;\n\n4. Persons employed by the United States in the transmission of the mail;\n\n5. The judges and clerks of courts of record;\n\n6. The mayor and councilmen of incorporated cities and towns;\n\n7. Members of the governing bodies of counties;\n\n8. Sheriffs, United States district attorneys, attorneys for the Commonwealth\nand city attorneys;\n\n9. Marine pilots;\n\n10. All persons who because of religious belief shall claim exemption from\nmilitary service, if the conscientious holding of such belief by such person\nshall be established under such regulations as the President of the United\nStates shall prescribe, shall be exempted from militia service in any capacity\nthat the President shall declare to be combatant; and\n\n11. Such other persons as may be designated by the Governor in the best\ninterests of the public and of the Commonwealth.\n\nHISTORY: 1930, p. 949; Michie Code 1942, \u00a7 2673(5); 1958, c. 393; 1976, c. 399;\n2011, cc. 572, 586.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}