(a) Whenever there is an insurrection or outbreak of a formidable character which has overawed, or threatens to overawe, the ordinary civil authorities, or in cases of disaster, and the authorities in such county, city, or town, have attempted and failed to quell the same by use of a posse comitatus, or it is apparent that such attempt would be useless, the Governor on a certificate of such facts from any four conservators of the peace in such county, city, or town, or from any circuit court judge, probate court judge, sheriff, or justice of the Supreme Court, shall immediately order out such portion of the National Guard or Militia as he may deem necessary to enforce the laws, and preserve the peace, and the Governor may, when the urgency is great, order out such troops without any certificate from either of the officers mentioned in this section, but in no case shall the Governor keep in service in any county, city, or town, of the state for more than 10 days any troops or militia other than that raised in such county, except in time of invasion or actual insurrection unless some justice of the Supreme Court or circuit judge, or the sheriff thereof, shall certify to him that the longer presence of such militia or troops is requisite to the proper enforcement of the law or the preservation of the peace therein.
(b) In case there is a failure of the means to communicate with the Governor or his authorized representative, due to riot, insurrection, civil disturbance, or disaster, the mayor of a city or town, the sheriff, probate judge, or a circuit court judge of the county involved may direct the highest commander or officer of the National Guard within the county to call to duty such units of the National Guard in the county as are necessary to suppress such riot, insurrection, or civil disturbance or render assistance in case of disaster. Civil authorities shall not call units of the National Guard to duty under this section unless local authorities are unable to restore order and unless the authorities have attempted to communicate with the Governor or his authorized representative, but lack the means to do so due to the circumstances set forth in this section.
(c) The Governor, as Commander in Chief, is authorized to call out all or any such portion of the National Guard as he may deem advisable, upon his determination that a state of emergency exists.
Structure Code of Alabama
Title 31 - Military Affairs and Civil Defense.
Section 31-2-2 - Composition and Administration of State Militia Generally.
Section 31-2-3 - Divisions of State Militia; Composition of Organized Militia and National Guard.
Section 31-2-4 - Composition of Naval Militia.
Section 31-2-5 - Composition of Unorganized Militia.
Section 31-2-6 - Persons Exempted From Militia Service, Etc.
Section 31-2-7 - Maintenance of Troops in Time of Peace.
Section 31-2-10 - Appropriations for State Defense Force.
Section 31-2-13 - Service Benefits for Government Employees, Etc.
Section 31-2-14 - Bonds of Persons Responsible for Public or Military Property or Public Funds.
Section 31-2-16 - Per Diem of Officers or Enlisted Men Under Military Travel Orders.
Section 31-2-17 - Unauthorized Wearing of Uniform of United States Armed Forces.
Section 31-2-18 - Wearing Foreign Uniforms - Prohibited; Exceptions.
Section 31-2-19 - Wearing Foreign Uniforms - Penalties.
Section 31-2-20 - Unauthorized Wearing of Uniform While Not on Duty.
Section 31-2-21 - Discrimination Against Person Wearing Uniform.
Section 31-2-23 - Arms, Equipment, etc., to Be Deposited in Armories, Etc.
Section 31-2-24 - Preservation of Arms, Equipment, etc., by Officers.
Section 31-2-27 - Unauthorized Use of Military Property for Private Purposes.
Section 31-2-29 - Wilful or Malicious Destruction, etc., of Military Property.
Section 31-2-32 - Liability of Officers and Enlisted Men for Lost or Damaged Military Property.
Section 31-2-34 - Proceedings When Member of Armed Forces Unable to Account for Property or Money.
Section 31-2-35 - Matters Governed by Custom and Usage of United States Armed Forces.
Section 31-2-37 - Annual Encampments or Cruises.
Section 31-2-39 - Emergency Purchases.
Section 31-2-40 - Enforcement of Sanitation Laws in Camps or Garrisons.
Section 31-2-41 - National Guard and Naval Militia Service Medals.
Section 31-2-42 - Retirement of Officers and Enlisted Men From National Guard.
Section 31-2-45 - Designations of Units Engaged in Federal Service.
Section 31-2-46 - When Unorganized Militia May Be Ordered Out for Active Service.
Section 31-2-48 - Manner of Ordering Out Unorganized Militia; Organization; Appointment of Officers.
Section 31-2-49 - Draft of Unorganized Militia.
Section 31-2-50 - Failure to Appear for Duty in Militia.
Section 31-2-51 - Commander in Chief - Designated.
Section 31-2-52 - Commander in Chief - Powers and Duties Generally.
Section 31-2-53 - Personal Military Staff of Governor.
Section 31-2-54 - Governor's Flag.
Section 31-2-56 - Exhibitions, Athletic Matches and Contests in Armories, Etc.
Section 31-2-61 - Salaries of Officers and Employees of Military Department.
Section 31-2-62 - Bonds of Adjutant General and Other Employees of Military Department.
Section 31-2-63 - Offices, Furniture, Stationery, etc., of Military Department.
Section 31-2-67 - Annual Report by Adjutant General to Governor.
Section 31-2-68 - Audit of Books, Accounts, etc., of Adjutant General and Other Officers.
Section 31-2-72 - General Officers of the Line.
Section 31-2-74 - Enlistments, etc., in National Guard.
Section 31-2-75 - Discharge of Enlisted Members of National Guard.
Section 31-2-76 - Drills, Encampments, Maneuvers, Etc.
Section 31-2-79 - Exemption of Members of Militia From Arrest.
Section 31-2-82 - Armed Forces Organizations Not to Leave State Without Permission.
Section 31-2-84 - Right of Troops as to Use of Streets and Highways.
Section 31-2-85 - Compensation for Injury, Disability, and Death.
Section 31-2-85.1 - Medical Expenses for Members of National Guard or Alabama State Defense Force.
Section 31-2-86 - Payment for Damages Caused by National Guard Members Acting in Line of Duty.
Section 31-2-90 - Appointment of Counsel to Defend National Guard Members in Certain Actions.
Section 31-2-98 - Courts-Martial for Members of National Guard - Evidence.
Section 31-2-99 - Courts-Martial for Members of National Guard - Employment of Court Reporter.
Section 31-2-100 - Courts-Martial for Members of National Guard - Subpoena of Witnesses.
Section 31-2-102 - Courts-Martial for Members of National Guard - Payment of Expenses.
Section 31-2-107 - Courts of Inquiry.
Section 31-2-109 - Ordering Out of Troops - Authority of Governor.
Section 31-2-110 - Ordering Out of Troops - Restrictions.
Section 31-2-111 - Ordering Out of Troops - Request to Governor by Local Officials.
Section 31-2-115 - Dispersion of Mob, Etc. - Order to Disperse.
Section 31-2-116 - Dispersion of Mob, Etc. - Order to Disperse - Failure to Obey Order.
Section 31-2-117 - Dispersion of Mob, Etc. - Authority to Act to Disperse Mob, Etc.
Section 31-2-119 - Assault on National Guard Members, etc., Assembled for Performance of Duties.
Section 31-2-120 - Protection of National Guard Troops, etc., From Assault, Etc.
Section 31-2-121 - Duty to Disperse When Shot Fired, etc., at National Guard.
Section 31-2-122 - Regulation of Passage and Occupancy on Streets, etc., During Riot, Etc.
Section 31-2-125 - Unauthorized Military Organizations.
Section 31-2-128 - Dropping Allowance.
Section 31-2-131 - Revolving Fund.
Section 31-2-132 - Regular Military Appropriations.
Section 31-2-133 - Special Appropriations for National Guard in Active Military Service of State.