US Laws, Codes, Statutes & Cases

§7.  Calling militia for active service by governor; homeland security and emergency preparedness; public emergency

A.  The governor may order into the active service of the state any part of the militia that is necessary to provide for homeland security or emergency preparedness or in the event of insurrection, invasion, or riot, or imminent danger thereof, or in the event of public disaster or danger from flood, fire, storm, earthquake, civil disturbances, terrorist events, or in order to detect, prevent, prepare for, investigate, respond to, or recover from any of the foregoing, or to assist the civil authorities in guarding prisoners, or in response to a national or state emergency or a congressional authorization or presidential declaration pursuant to the War Powers Resolution (50 U.S.C. 1541 et seq.).

B.  When called to state service by the governor as provided in Subsection A, members of the Louisiana National Guard and military police shall, unless otherwise restricted by the executive orders, proclamations, or regulations or the orders of their commander, have all of the powers and authority of peace officers, including but not limited to the powers to make arrests, to perform searches and seizures, to execute criminal warrants, and to exercise such other powers and duties of a peace officer as are reasonably necessary to preserve the lives, property, and security of persons in the subject civil jurisdiction, all in accordance with the laws and constitutions of Louisiana and the United States of America.

C.  When the active national guard, or a part thereof, is called to duty under the constitution and laws of the United States of America, the governor shall order into service the remaining units of the active national guard, if any, or any part thereof that is necessary.

D.  If the number of persons available from the active national guard is not sufficient, he shall order out whatever part of the unorganized militia necessary.  During the absence of active national guard organizations in the service of the United States of America, their state designations shall not be given to new organizations.

Acts 1974, No. 622, §1.  Amended by Acts 1980, No. 246, §1; Acts 2001, 2nd Ex. Sess., No. 8, §1, eff. Oct. 16, 2001; Acts 2003, No. 40, §2, eff. May 23, 2003.