When used in this title, the following words, terms, phrases shall have the following meaning:

Terms Used In Washington Code 38.04.010

  • member: refers to a soldier or airman of the organized militia. See Washington Code 38.04.010
  • military: refers to any or all of the armed forces. See Washington Code 38.04.010
  • militia: shall mean the military forces provided for in the Constitution and laws of the state of Washington. See Washington Code 38.04.010
  • national guard: shall mean that part of the military force of the state that is organized, equipped and federally recognized under the provisions of the national defense act of the United States, and, in the event the national guard is called into federal service or in the event the state guard or any part or individual member thereof is called into active state service by the commander-in-chief, the term shall also include the "Washington state guard" or any temporary organization set up in times of emergency to replace either the "national guard" or "state guard" while in actual service of the United States. See Washington Code 38.04.010
  • person: may be construed to include the United States, this state, or any state or territory, or any public or private corporation or limited liability company, as well as an individual. See Washington Code 1.16.080
  • state guard: shall mean that part of the military forces of the state that is organized, equipped, and recognized under the provisions of the State Defense Forces Act of the United States (32 U. See Washington Code 38.04.010
The word “militia” shall mean the military forces provided for in the Constitution and laws of the state of Washington.
The term “organized militia” shall be the general term to include both state and national guard and whenever used applies equally to all such organizations.
The term “national guard” shall mean that part of the military force of the state that is organized, equipped and federally recognized under the provisions of the national defense act of the United States, and, in the event the national guard is called into federal service or in the event the state guard or any part or individual member thereof is called into active state service by the commander-in-chief, the term shall also include the “Washington state guard” or any temporary organization set up in times of emergency to replace either the “national guard” or “state guard” while in actual service of the United States.
The term “state guard” shall mean that part of the military forces of the state that is organized, equipped, and recognized under the provisions of the State Defense Forces Act of the United States (32 U.S.C. Sec. 109, as amended).
The term “active state service” or “active training duty” shall be construed to be any service on behalf of the state, or at encampments whether ordered by state or federal authority or any other duty requiring the entire time of any organization or person except when called or drafted into the federal service by the president of the United States.
The term “inactive duty” shall include periods of drill and such other training and service not requiring the entire time of the organization or person, as may be required under state or federal laws, regulations, or orders, including travel to and from such duty.
The terms “in service of United States” and “not in service of United States” as used herein shall be understood to mean the same as such terms when used in the national defense act of congress and amendments thereto.
The term “military” refers to any or all of the armed forces.
The term “armory” refers to any state-owned building, warehouse, vehicle storage compound, organizational maintenance shop or other facility and the lands appurtenant thereto used by the Washington national guard for the storage and maintenance of arms or military equipment or the administration or training of the organized militia.
The term “member” refers to a soldier or airman of the organized militia.
[ 1991 c 43 § 1; 1989 c 19 § 1; 1963 c 220 § 133; 1943 c 130 § 12; Rem. Supp. 1943 § 8603-12. Prior: 1917 c 107 §§ 1, part, 3, part; 1909 c 134 § 10, part; 1895 c 108 § 10, part.]

NOTES:

Short title: “This act shall be known as the Military Code of the state of Washington.” [ 1943 c 130 § 1.]
Severability1943 c 130: “If any provisions of this act or the application thereof to any person or circumstances is held invalid for any reason, such determination shall not affect other provisions or applications of the act which can be given effect without the invalid provisions, and to this end, the provisions of this act are declared to be severable.” [ 1943 c 130 § 95.]
Martial law: RCW 38.08.030.