Nevada Revised Statutes
Chapter 412 - State Militia
NRS 412.124 - Adjutant General may order National Guard to active duty with Governor’s approval; pay and allowances.


1. The Adjutant General, with the approval of the Governor, may order members of the Nevada National Guard to active duty. Members, while on active duty, are entitled to receive the pay and allowances of their corresponding grades in the Armed Forces of the United States, but in no case may the pay and allowances be less than $50 per day.
2. Members of the Nevada National Guard serving on courts-martial, courts of inquiry, efficiency boards, medical boards or other special duty requiring absence from their stations or business under competent orders may receive the per diem allowance and travel expenses provided for state officers and employees generally.
3. In lieu of other provisions of this chapter, such amounts as are approved by the Governor may be paid to a medical examiner for his or her services and necessary disbursements and to a properly appointed judge advocate for legal services and necessary disbursements in any suit, action or proceeding.
4. Members of the Nevada National Guard may not receive from the State the pay or the pay and allowances provided by this section when they are eligible for similar pay and allowances from federal funds.
5. Members of the Nevada National Guard may with their consent perform without pay or without pay and allowances in parades or ceremonial events, or any of the types of military duty prescribed in this chapter pursuant to orders issued by competent military authority. Necessary traveling expenses, subsistence and per diem allowances may be furnished the members within the discretion of the Adjutant General and within the amount appropriated therefor.
6. All pay and allowances provided by this chapter, except per diem allowances, mileage and expenses while traveling under orders, are subject to be applied to the payment of penalties and fines imposed by military courts, and to the payment of any shortage of funds or for injury to state or federal property for which a member of the Nevada National Guard is responsible or accountable where the responsibility has been fixed by competent authority.
(Added to NRS by 1967, 1302; A 1975, 1107; 1981, 1199; 1985, 757; 2007, 603)

Structure Nevada Revised Statutes

Nevada Revised Statutes

Chapter 412 - State Militia

NRS 412.012 - Definitions.

NRS 412.014 - "Office" defined.

NRS 412.016 - "Office regulations" defined.

NRS 412.018 - "Officer" defined.

NRS 412.022 - "Reservists" defined.

NRS 412.024 - "Volunteers" defined.

NRS 412.026 - Composition of militia.

NRS 412.032 - Powers and duties of officers; administration of oaths.

NRS 412.034 - Governor as Commander in Chief; regulations.

NRS 412.036 - Applicability of custom and usage of United States Army and United States Air Force.

NRS 412.038 - Service of Nevada National Guard outside State.

NRS 412.042 - Military staff of Governor; functions and duties.

NRS 412.044 - Adjutant General: Appointment; service at pleasure of Governor; qualifications; grade.

NRS 412.046 - Adjutant General: Restriction on holding other office of profit.

NRS 412.048 - Adjutant General: Duties; employees.

NRS 412.052 - Adjutant General: Additional duties; seal.

NRS 412.054 - Appointment of Assistant Adjutants General; service at pleasure of Adjutant General; qualifications; grade; duties; designation of Acting Adjutant General by Adjutant General.

NRS 412.056 - Designation of Acting Adjutant General by Governor; compensation.

NRS 412.058 - United States Property and Fiscal Officer.

NRS 412.062 - Attorney General as military legal adviser.

NRS 412.064 - Establishment; duties; regulations; powers; administration of chapters 414 and 414A of NRS by Division of Emergency Management.

NRS 412.066 - Enumeration of powers and duties not exclusive.

NRS 412.068 - Adjutant General as Director of Office.

NRS 412.069 - Chief of the Division of Emergency Management of the Office of the Military: Service at pleasure of Adjutant General; powers and duties.

NRS 412.072 - Organization and reorganization of Office.

NRS 412.074 - Army and air technicians.

NRS 412.076 - Status of members of militia and employees on active duty.

NRS 412.082 - Drawing warrants.

NRS 412.084 - Receipt and disposition of certain federal money.

NRS 412.086 - Deposits in State General Fund and Permanent School Fund.

NRS 412.088 - Promotion of practice with rifle and pistol.

NRS 412.092 - "Armory" defined.

NRS 412.094 - Control of armory and property; regulations for armories.

NRS 412.096 - Insurance against loss and mysterious disappearance of equipment and supplies.

NRS 412.098 - Armory and arsenal: Duties of State Public Works Division of Department of Administration.

NRS 412.102 - Armory: Provision; maintenance; incidental expenses.

NRS 412.103 - Acceptance by Adjutant General of equipment, supplies, arms, facilities and funding for personnel support authorized and appropriated by federal law.

NRS 412.104 - Reconveyance of land to political subdivision.

NRS 412.106 - Use of armory.

NRS 412.108 - Lease or agreement for use of armory; deposit of use fees in Adjutant General’s Special Armory Account.

NRS 412.109 - Lease or agreement for use of facility of Office other than armory; deposit of use fees in State General Fund.

NRS 412.112 - Army National Guard.

NRS 412.114 - Air National Guard.

NRS 412.116 - Organization and training; policy of equality of treatment and opportunity.

NRS 412.117 - Privacy of members of opposite sexes.

NRS 412.118 - Assemblies, periodic training and other duties.

NRS 412.122 - Governor may order National Guard into active service of State and declare martial law; procedure in absence of Governor from State or because of impossibility of immediate communication with Governor.

NRS 412.123 - Order calling National Guard into active service: Directed to commanding officer; contents; duty to communicate immediately.

NRS 412.124 - Adjutant General may order National Guard to active duty with Governor’s approval; pay and allowances.

NRS 412.126 - Voluntary military organization: Licensing by Governor; muster roll; inspection; oaths of members.

NRS 412.128 - Ordering reservists of National Guard or volunteer military organization into active service; regulations.

NRS 412.134 - Reservists and volunteers on active duty: Period; applicability of laws and regulations; pay and allowances; authority of Governor to receive certain grants from Federal Government; uniforms.

NRS 412.136 - Deserters.

NRS 412.138 - Pay and allowances when National Guard used as labor force.

NRS 412.139 - Unlawful termination of employment of member of Nevada National Guard or National Guard of another state: Participation in training, active service or duty, or other required meetings; penalty.

NRS 412.1393 - Unlawful termination of employment of member of Nevada National Guard or National Guard of another state: Hearing before Labor Commissioner; civil action authorized.

NRS 412.1395 - Unlawful termination of employment of member of Nevada National Guard or National Guard of another state: Reemployment; restoration of seniority and benefits; receipt of wages and benefits; attorney’s fees and costs for civil action.

NRS 412.142 - Industrial insurance; compensation; exceptions.

NRS 412.143 - Postsecondary educational benefits.

NRS 412.1435 - Patriot Relief Account: Creation; nonreversion; interest and income; claims; gifts, grants and donations; uses; regulations.

NRS 412.144 - Credit for active federal service.

NRS 412.146 - Eligibility to state office of federally paid members of militia.

NRS 412.152 - Privileged reports and communications; defending member in legal proceedings.

NRS 412.153 - Personal information in documents submitted to county recorder: Confidentiality.

NRS 412.154 - Immunity from civil and criminal liability; counsel; costs; security for costs; exemption from certain process, summons and notice.

NRS 412.1555 - Nevada War on Terrorism Medal: Creation; award; duties of Office; regulations.

NRS 412.156 - Appointment and promotion of commissioned officer; honorary commission; fee prohibited for commissions.

NRS 412.158 - Applicability of chapter to warrant officers.

NRS 412.162 - Nevada Military Academy: Creation; composition.

NRS 412.164 - Qualifications.

NRS 412.166 - Oath.

NRS 412.168 - Assignment, reassignment, transfer or detailing; residence.

NRS 412.172 - Resignation; conditional release.

NRS 412.174 - Certain absence without leave considered resignation.

NRS 412.176 - Efficiency and medical examining boards; appointment.

NRS 412.178 - Efficiency and medical examining boards: Procedure; powers.

NRS 412.182 - Responsibility for public property.

NRS 412.186 - Nevada National Guard Association.

NRS 412.188 - Enlistment, period of service, oath, transfer and discharge; extension of enlistment.

NRS 412.192 - Noncommissioned officers.

NRS 412.194 - Absence without leave: Discharge.

NRS 412.1945 - Nevada Enlisted Association of the National Guard of the United States.

NRS 412.196 - Short title.

NRS 412.198 - Definitions.

NRS 412.202 - "Accuser" defined.

NRS 412.204 - "Active state duty" defined.

NRS 412.206 - "Apprehension" defined.

NRS 412.208 - "Arrest" defined.

NRS 412.212 - "Code" defined.

NRS 412.214 - "Commanding officer" defined.

NRS 412.216 - "Commissioned officer" defined.

NRS 412.218 - "Confinement" defined.

NRS 412.222 - "Convening authority" defined.

NRS 412.224 - "Enlisted member" defined.

NRS 412.226 - "Grade" defined.

NRS 412.232 - "Legal officer" defined.

NRS 412.234 - "May" defined.

NRS 412.236 - "Military" defined.

NRS 412.238 - "Military court" defined.

NRS 412.239 - "Military judge" defined.

NRS 412.242 - "Nevada National Guard" defined.

NRS 412.243 - "Nonjudicial punishment" defined.

NRS 412.2435 - "Principal assistant" defined.

NRS 412.244 - "Rank" defined.

NRS 412.2455 - "Senior force judge advocate" defined.

NRS 412.246 - "Shall" defined.

NRS 412.247 - "Staff judge advocate" defined.

NRS 412.248 - "State Judge Advocate" defined.

NRS 412.249 - "State military forces" defined.

NRS 412.252 - "Superior commissioned officer" defined.

NRS 412.253 - Principal assistant: Conditions for assumption of command; qualifications; delegation of authority.

NRS 412.254 - Applicability.

NRS 412.2545 - Persons subject to jurisdiction under Code.

NRS 412.256 - Jurisdiction over certain offenses and to try certain personnel.

NRS 412.258 - Application for court-martial by dismissed commissioned officer; discharge substituted for dismissal; reappointment.

NRS 412.262 - Territorial applicability of Nevada Code of Military Justice.

NRS 412.263 - Failure to comply with procedural provision of Code does not invalidate punishment imposed unless substantial right of servicemen or servicewomen materially prejudiced by error.

NRS 412.264 - Judge advocates and legal officers.

NRS 412.2645 - Person may not be tried or punished while incompetent.

NRS 412.266 - Apprehension by authorized persons; quelling disorder.

NRS 412.267 - Arrest of member failing or refusing to report to place of duty; transport; bail.

NRS 412.2675 - Warrant of arrest: Form; fees and mileage for service.

NRS 412.268 - Apprehension of deserter.

NRS 412.272 - Order of apprehension, arrest or confinement.

NRS 412.274 - Restraint of person charged with offense; notice of charges; summary disposition.

NRS 412.276 - Place of confinement.

NRS 412.277 - Limitations on confinement.

NRS 412.278 - Receipt of prisoner; report.

NRS 412.282 - Certain punishments prohibited while held for trial or result of trial; performance of labor pending trial or result of trial.

NRS 412.284 - Delivery of offender to civil authority; return to military authority.

NRS 412.286 - Limitations on powers of commanding officer concerning nonjudicial punishment; delegation of powers.

NRS 412.287 - Duty of commanding officer to maintain good order and discipline; authorization to pursue punitive measures; considerations when determining appropriate method of punishment.

NRS 412.2875 - Imposition of nonjudicial punishment: Duty of commanding officer; imposition not bar to court-martial or other legal proceeding.

NRS 412.2877 - Authority of commanding officer to impose nonjudicial punishment; limitations on delegation of such authority; withholding of authority by commanding officer from subordinate commanding officer.

NRS 412.2879 - No right of accused to demand trial by court-martial in lieu of accepting nonjudicial punishment.

NRS 412.288 - Imposition and enforcement of disciplinary punishment without court-martial.

NRS 412.293 - Use of formal proceeding by commanding officer after consultation; notice to accused; accused entitled to consult with counsel; commanding officer not bound by formal rules of evidence.

NRS 412.2935 - Announcement of results of punishment.

NRS 412.294 - Suspension, remission or mitigation of punishment.

NRS 412.296 - Appeal to superior authority.

NRS 412.298 - Disciplinary punishment not bar to court-martial.

NRS 412.302 - Records of nonjudicial punishment.

NRS 412.304 - Courts-martial of Nevada National Guard not in federal service; composition.

NRS 412.306 - Jurisdiction of courts-martial of each force.

NRS 412.307 - Jurisdiction of courts-martial of each component and branch of state military forces.

NRS 412.308 - General court-martial.

NRS 412.312 - Special court-martial.

NRS 412.314 - Summary court-martial.

NRS 412.316 - Sentence of dismissal or dishonorable discharge must be approved by Governor.

NRS 412.318 - When complete record of proceedings and testimony required.

NRS 412.322 - Authorized sentence of general or special court-martial after declaration of war and before jurisdiction of United States Code of Military Justice.

NRS 412.324 - Convening general court-martial.

NRS 412.326 - Convening special court-martial.

NRS 412.328 - Convening summary court-martial.

NRS 412.332 - ligibility to serve on courts-martial; excusal of member; president of special court-martial.

NRS 412.334 - Military judge of general or special court-martial.

NRS 412.3345 - Military judge: Qualifications.

NRS 412.336 - Trial counsel and defense counsel.

NRS 412.338 - Court reporter and interpreter.

NRS 412.342 - Absence or excusal of member of court-martial; detailing of additional members or judge; effect of new members or judge on trial.

NRS 412.344 - Charges and specifications.

NRS 412.346 - Compulsory self-incrimination and immaterial, degrading, coerced or unlawfully obtained evidence prohibited; accused must be informed of his or her rights.

NRS 412.348 - Investigation: Procedure; rights of accused; uncharged offenses.

NRS 412.352 - Forwarding of charges to Governor.

NRS 412.354 - Advice of State Judge Advocate; reference for trial; formal correction of charges.

NRS 412.356 - Service of charges.

NRS 412.358 - Procedural regulations.

NRS 412.362 - Unlawfully influencing action of court.

NRS 412.364 - Duties of trial counsel and defense counsel.

NRS 412.366 - Presence of members and parties at proceedings.

NRS 412.368 - Continuance.

NRS 412.372 - Challenges of military judge and members.

NRS 412.374 - Oaths and affirmations.

NRS 412.376 - Statute of limitations; computation and suspension of period of limitation.

NRS 412.378 - Double jeopardy.

NRS 412.382 - Pleas of accused; effect of plea of guilty.

NRS 412.384 - Obtaining witnesses and evidence: Procedure; service of process.

NRS 412.386 - Penalty for refusal of person not subject to Code to appear or testify.

NRS 412.388 - Contempt; penalty.

NRS 412.392 - Deposition.

NRS 412.394 - Admissibility of records of courts of inquiry.

NRS 412.3945 - Affirmative defense of lack of mental responsibility: Limitations; burden of proof; instructions to members of court.

NRS 412.396 - Voting; rulings; instructions; findings.

NRS 412.398 - Number of votes required.

NRS 412.402 - Court to announce action.

NRS 412.404 - Record of trial.

NRS 412.406 - Cruel and unusual punishments prohibited.

NRS 412.408 - Punishments limited.

NRS 412.412 - Effective date of sentence.

NRS 412.414 - Execution of confinement.

NRS 412.4145 - Deferment of service of sentence of confinement.

NRS 412.4155 - Forfeiture of pay and allowances during period of confinement or parole; waiver.

NRS 412.4157 - Person sentenced by court-martial may be required to take leave under certain circumstances.

NRS 412.416 - Reduction in enlisted grade upon approval.

NRS 412.418 - Approval and execution or suspension of sentence.

NRS 412.422 - Reporting of findings and sentence to convening authority; submission of matters for consideration by accused; modification of findings and sentence by convening authority; action on sentence; proceeding in revision or rehearing; initia...

NRS 412.423 - Withdrawal by accused of appeal or right to appeal.

NRS 412.424 - Reconsideration and revision of court’s ruling; limitations.

NRS 412.426 - Rehearing or dismissal of charges upon disapproval of findings and sentence.

NRS 412.428 - Approval by convening authority.

NRS 412.431 - Review required by senior force judge advocate upon finding of guilt in general and special court-martial cases; record of certain cases sent for action to Adjutant General; authority of senior force judge advocate to send record of cer...

NRS 412.432 - Review of records; disposition.

NRS 412.433 - Representation of government and accused upon appeal.

NRS 412.434 - Error of law; lesser included offense.

NRS 412.436 - Counsel for accused at review.

NRS 412.437 - Procedure applicable to appeal from decision of court-martial.

NRS 412.4375 - Appeals by State.

NRS 412.438 - Vacation of suspension of sentence.

NRS 412.442 - Petition for new trial.

NRS 412.444 - Remission and suspension of sentence; substitution of administrative discharge.

NRS 412.446 - Restoration of rights; substitution of discharge; reappointment.

NRS 412.448 - Finality of proceedings, findings and sentence.

NRS 412.4485 - Provisions applicable to person determined to be incompetent; notification of convening authority upon determination that person no longer incompetent; convening authority to take custody of person no longer incompetent; exceptions.

NRS 412.449 - Person found not guilty by reason of lack of mental responsibility: Commitment to facility; hearing on mental condition of person; commitment upon finding of mental illness.

NRS 412.4495 - Rights of person whose mental condition is subject of hearing.

NRS 412.452 - Trial or punishment for offense committed while subject to jurisdiction under the Code.

NRS 412.454 - Principal.

NRS 412.456 - Accessory after fact.

NRS 412.458 - Conviction of lesser included offense.

NRS 412.462 - Attempt.

NRS 412.464 - Conspiracy.

NRS 412.466 - Solicitation.

NRS 412.468 - Fraudulent enlistment, appointment or separation.

NRS 412.472 - Unlawful enlistment, appointment or separation.

NRS 412.474 - Desertion.

NRS 412.476 - Absence without leave.

NRS 412.478 - Failure to make required move.

NRS 412.482 - Contempt toward public officer.

NRS 412.484 - Disrespect toward superior commissioned officer.

NRS 412.486 - Assaulting or willfully disobeying superior commissioned officer.

NRS 412.488 - Insubordinate conduct toward warrant officer or noncommissioned officer.

NRS 412.492 - Failure to obey order or regulation.

NRS 412.494 - Cruelty and maltreatment.

NRS 412.496 - Mutiny or sedition.

NRS 412.498 - Resisting arrest; escape.

NRS 412.502 - Releasing prisoner without proper authority.

NRS 412.504 - Unlawful detention.

NRS 412.506 - Noncompliance with procedural rules.

NRS 412.508 - Misbehavior before enemy.

NRS 412.512 - Subordinate compelling surrender.

NRS 412.514 - Improper use of countersign.

NRS 412.516 - Forcing safeguard.

NRS 412.518 - Improper use of captured or abandoned property.

NRS 412.522 - Aiding enemy.

NRS 412.524 - Misconduct as prisoner.

NRS 412.5245 - Spying.

NRS 412.5255 - Communication, delivery or transmittal of object or information to foreign government or entity.

NRS 412.526 - Making false official statement.

NRS 412.528 - Loss, damage, destruction or wrongful disposition of military property.

NRS 412.532 - Waste, spoilage or destruction of property other than military property.

NRS 412.534 - Improper hazarding of vessel.

NRS 412.536 - Drunken or reckless driving.

NRS 412.538 - Drunk on duty; sleeping on post; leaving post before relief.

NRS 412.5385 - Use, possession, manufacture, distribution, importation or exportation of illegal or controlled substances.

NRS 412.542 - Dueling.

NRS 412.544 - Malingering.

NRS 412.546 - Riot or breach of peace.

NRS 412.548 - Provoking words or gestures.

NRS 412.5485 - Sexual assault.

NRS 412.5486 - Sexual harassment.

NRS 412.549 - Stalking.

NRS 412.5495 - Larceny and wrongful appropriation.

NRS 412.5505 - Extortion.

NRS 412.5515 - Assault and aggravated assault.

NRS 412.552 - Stealing goods of less than $100 value.

NRS 412.554 - Perjury.

NRS 412.556 - Fraud against the government.

NRS 412.558 - Conduct unbecoming an officer.

NRS 412.562 - Disorder and neglect prejudicing good order and discipline; jurisdiction of certain crimes reserved to civil court.

NRS 412.564 - Court of inquiry.

NRS 412.5645 - Administration of oaths.

NRS 412.566 - Explanation of certain sections; availability of Code and regulations.

NRS 412.568 - Complaint against commanding officer.

NRS 412.572 - Redress of injuries to property.

NRS 412.574 - Process and mandates of military courts.

NRS 412.576 - Payment and disposition of fine.

NRS 412.578 - Immunity for action of military courts.

NRS 412.582 - Presumption of jurisdiction.

NRS 412.583 - Uniformity of construction.

NRS 412.5835 - Severability.

NRS 412.584 - Delegation of authority by Governor; exceptions.

NRS 412.588 - Repossession of military property by State; penalty for failure to deliver or resistance to repossession.

NRS 412.592 - Unlawful transfer of military property.

NRS 412.594 - Unlawful wearing of uniform or insigne.

NRS 412.596 - Wearing of uniform without authority; penalty.

NRS 412.598 - Arrest of trespasser or disturber; penalty for certain sales and gambling.

NRS 412.602 - Right-of-way on public street and highway; penalty for interference.

NRS 412.604 - Unlawful drill or parade with arms by voluntary company or voluntary organization without license; drill or parade by students with consent of Governor; penalty.

NRS 412.606 - Discrimination against member of National Guard; penalty.