Code of the District of Columbia

§ 49–404. Duty of enrolled militia; police and fire department personnel.

The enrolled militia shall not be subject to any duty except when called into the service of the United States, or to aid the civil authorities in the execution of the laws or suppression of riots. However, if the enrolled militia is called to aid the civil authorities, who already have activated, or will concomitantly activate, the police and fire departments, no member of these departments shall be subject to duty in the militia. Also, if the enrolled militia is called into service of the United States, the chief of the police department and the chief of the fire department shall be entitled to have exempted from call in the militia minimum personnel considered necessary to ensure continued, reasonable police and fire services to the citizens of the District of Columbia.


(Mar. 1, 1889, 25 Stat. 773, ch. 328, § 4; Nov. 19, 1985, D.C. Law 6-52, § 2(b), 32 DCR 5690.)

Prior Codifications

1981 Ed., § 39-104.

1973 Ed., § 39-104.

Emergency Legislation

For temporary (90 day) addition, see § 2 of National Guard Operations Coordination Emergency Act of 2006 (D.C. Act 16-365, April 26, 2006, 53 DCR 3632).

For temporary (90 day) addition, see § 3032 of Fiscal Year 2007 Budget Support Emergency Act of 2006 (D.C. Act 16-477, August 8, 2006, 53 DCR 7068).

For temporary (90 day) addition, see § 3032 of Fiscal Year 2007 Budget Support Congressional Review Emergency Act of 2006 (D.C. Act 16-499, October 23, 2006, 53 DCR 8845).

For temporary (90 day) addition, see § 3032 of Fiscal Year 2007 Budget Support Congressional Review Emergency Act of 2007 (D.C. Act 17-1, January 16, 2007, 54 DCR 1165).

Temporary Legislation

For temporary (225 day) addition, see § 2 of National Guard Operations Coordination Temporary Act of 2006 (D.C. Law 16-149, July 25, 2006, law notification 53 DCR 7508).

Short Title

Short title: Section 3031 of D.C. Law 16-192 provided that subtitle C of title III of the act may be cited as the “National Guard Operations Coordination Act of 2006”.

Editor's Notes

Establishment of a plan to coordinate operations of the National Guard and the Metropolitan Police Department: Section 3032 of D.C. Law 16-192 provided: “The Mayor is directed to consult with the Commanding General of the National Guard of the District of Columbia to establish a plan whereby the National Guard Reaction Force provided supplemental manpower to the Special Operations Division of the Metropolitan Police Department to assist it in the performance of its duties. The plan shall be implemented within 180 days of April 26, 2006.”