ARTICLE XV. MILITIA – Constitution of Alabama 2022
SEC. 271 COMPOSITION OF MILITIA; ORGANIZING, ARMING AND DISCIPLINING MILITIA; NAVAL MILITIA MAY BE ORGANIZED.
The legislature shall have power to declare who shall constitute the militia of the state, and to provide for organizing, arming, and disciplining the same; and the legislature may provide for the organization of a state and naval militia.
SEC. 272 CONFORMANCE WITH REGULATIONS OF UNITED STATES DEPARTMENT OF DEFENSE AND LAWS OF UNITED STATES; ADMINISTRATION OF MILITARY AFFAIRS BY MILITARY DEPARTMENT AND ADJUTANT GENERAL.
The legislature, in providing for the organization, equipment, and discipline of the state military forces, shall conform as nearly as practicable to the regulations of the department of defense of the United States, and the laws of the United States, governing the armed forces of the United States. All affairs pertaining to the state military forces shall be administered by a state military department, which shall be headed by the adjutant general, and who shall be responsible to the governor as commander-in-chief.
SEC. 273 APPOINTMENT, SUSPENSION, DISCHARGE, REMOVAL AND RETIREMENT OF OFFICERS OF STATE MILITARY FORCES; QUALIFICATIONS OF PERSONNEL OF FEDERALLY-RECOGNIZED NATIONAL GUARD.
Officers of the state military forces, including the adjutant general, shall be appointed, and shall be subject to suspension, discharge, removal, or compulsory retirement as such, solely on the basis of military proficiency, character and service, as determined by department of defense regulations and military usages sanctioned by the military laws of the United States, anything in this Constitution to the contrary notwithstanding. The qualifications of personnel of the federally recognized national guard shall be as prescribed in pertinent regulations and policies of the United States department of defense.
SEC. 274 VOLUNTEER ORGANIZATIONS.
Volunteer organizations of infantry, cavalry, and artillery and naval militia may be formed in such manner and under such restrictions and with such privileges as may be provided by law.
SEC. 275 IMMUNITY OF MEMBERS FROM ARREST WHILE ATTENDING, GOING TO OR RETURNING FROM MUSTERS, PARADES AND ELECTIONS.
The militia and volunteer forces shall, in all cases, except treason, felony, and breach of the peace, be privileged from arrest during their attendance at musters, parades, and elections, and in going to and returning from the same.
SEC. 276 APPOINTMENT OF ADJUTANT GENERAL, GENERAL OFFICERS AND GOVERNOR’S STAFF.
The governor shall, with the advice and consent of the senate, appoint the adjutant general and all general officers. The governor shall appoint his own staff, as may be provided by law.
SEC. 277 SAFE KEEPING OF ARMS, AMMUNITION, MILITARY RECORDS, ETC.
The legislature shall provide for the safe keeping of the arms, ammunition, and accoutrements, and military records, banners, and relics of the state.
SEC. 278 OFFICERS AND MEN NOT ENTITLED TO COMPENSATION WHEN NOT IN ACTIVE SERVICE.
The officers and men of the militia and volunteer forces shall not be entitled to or receive any pay, rations, or emoluments when not in active service.