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:

Terms Used In Virginia Code 44-5

  • City: means an independent incorporated community which became a city as provided by law before noon on July 1, 1971, or which has within defined boundaries a population of 5,000 or more and which has become a city as provided by law. See Virginia Code 1-208
  • Courts of record: means the Supreme Court of Virginia, the Court of Appeals of Virginia, and the circuit courts. See Virginia Code 1-212
  • military service: as used in this title , shall include the activities of the members of the Virginia Defense Force while in training duty and state active duty status. See Virginia Code 44-54.4
  • Person: includes any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof. See Virginia Code 1-230
  • State: when applied to a part of the United States, includes any of the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, and the United States Virgin Islands. See Virginia Code 1-245
  • United States: includes the 50 states, the District of Columbia the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands and the United States Virgin Islands. See Virginia Code 1-255

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.

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

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