New Mexico § 20-5-1 - New Mexico state defense force established; not in federal service; definitions

§ 20-5-1. New Mexico state defense force established; not in federal service; definitions

A. The “New Mexico state defense force” is established as an element of the militia

in the department of military affairs. The members and organizations of the former New Mexico state guard are transferred

to the New Mexico state defense force on April 10, 1987. B. Nothing in Chapter 20 NMSA 1978 shall be construed as authorizing the New Mexico state defense force or any part

thereof to be called, ordered or in any manner drafted by federal authorities into

the military service of the United States, but no person by reason of the person's

enlistment or appointment in the state defense force shall be exempted from military

service under any law of the United States. C. The following definitions apply to the duty statuses under which members of the

state defense force serve: (1) “ militia duty ” means the performance of actual military service for the state in time of need when

called by the governor or adjutant general following mobilization of the national

guard. It may be performed by the standing cadre of the state defense force at any time

so ordered upon mobilization of the national guard. It may be performed by the unorganized militia following its call by the governor

pursuant to Subsection B of Section 20-2-6 NMSA 1978 , in which case it shall include the post-call training of the New Mexico state defense

force pursuant thereto; and (2) “ cadre duty ” means the normal service and training performed by the standing cadre of the state

defense force in anticipation and support of militia duty, including organization,

administration and other pre-call matters.