If any portion of the National Guard, or any person lawfully aiding them in the performance of any duty, under the provisions of this article, is assaulted, attacked or in imminent danger thereof, the commanding officer of such National Guard need not await any orders from any civil authority but may at once proceed to quell such attack and disperse the attacking parties, and take all other needful steps for the safety of his command.
Structure West Virginia Code
Article 1D. Active State Service
§15-1D-1. Calling Out National Guard by Governor
§15-1D-3. Use of Military Force to Disperse Riots, etc.
§15-1D-5. Power of Officers to Arrest, Disperse or Quell Persons Rioting, etc.
§15-1D-6. Assaults on National Guard or Persons Aiding It
§15-1D-8. Duty to Retire From Unlawful Assembly
§15-1D-9. National Guard to Have Right-of-Way; Exceptions
§15-1D-10. Regulation of Occupancy of Streets for Passage of National Guard
§15-1D-11. Transportation of Officers and Men