Oregon Law
Law as of Jan 1, 2026
Chapter contents
396.005Definitions of “active service,” “state active duty” and “active service of the state.” 396.010[Repealed by 1961 c.454 §213] 396.015Definitions related to unorganized and organized militia 396.020[Repealed by 1961 c.454 §213] 396.025Purposes; rules of construction 396.030[Repealed by 1961 c.454 §213] 396.035Construction against implied repeal 396.040[Repealed by 1961 c.454 §213] 396.045Severability; conflicts 396.050[Repealed by 1961 c.454 §213] 396.060[Repealed by 1961 c.454 §213] 396.070[Repealed by 1961 c.454 §213] 396.080[Repealed by 1961 c.454 §213] 396.090[Repealed by 1961 c.454 §213] 396.100[Repealed by 1961 c.454 §213] 396.105Militia comprised of organized and unorganized militia 396.110[Repealed by 1961 c.454 §213] 396.115Persons exempt from militia service 396.117Prohibition on active federal service of sibling of person killed while in military; exceptions 396.120Authority to administer oaths 396.125Governor as Commander in Chief; military regulations; conflict with state law 396.128Operation of regulations adopted by Adjutant General; conflict with state law; Oregon Code of Military Justice 396.130Service of organized militia outside state 396.135Militia call by United States 396.140Registration of unorganized militia; failure to appear 396.145Military staff of Governor 396.150Adjutant General; appointment and tenure; qualifications; grade 396.155Adjutant General; compensation; bond; traveling expenses 396.160Adjutant General; duties 396.165Assistant Adjutants General 396.170Acting Adjutant General 396.175United States Property and Fiscal Officer 396.180[1961 c.454 §14; repealed by 1971 c.418 §23] 396.305Oregon Military Department; duties and functions 396.310Enumeration of duties not exclusive 396.315Adjutant General as director of department 396.320Organization of department 396.325Army and air technicians as federal employees 396.330Employees of military department; civil service status; conditions of employment; application of civil service and employment laws 396.332Authority of Oregon Military Department to require fingerprints for criminal records check 396.335Drawing warrants 396.337Cooperative agreements with federal National Guard Bureau; rules 396.338Accounts for cooperative agreements 396.340Receipt and disposition of certain federal moneys 396.345Disposition of receipts generally 396.350[1961 c.454 §28; 1975 c.614 §13; 1979 c.95 §4; repealed by 2013 c.722 §6] 396.355Property loss incident to activities of organized militia 396.360Department programs for at-risk youth; policies and procedures 396.362Oregon Military Emergency Financial Assistance Program 396.364Oregon Military Emergency Financial Assistance Fund 396.366[2009 c.870 §1; repealed by 2013 c.722 §6] 396.370[2005 c.831 §11; 2012 c.106 §11; 2013 c.236 §4; repealed by 2013 c.722 §6] 396.375Report to legislature on military cultural barriers 396.505Definition of “armory” for ORS 396.505 to 396.545 396.510Control of armories and camps; care of property 396.515Sale, exchange or lease of military department property 396.520Applicability of laws governing sale, exchange or lease of military department property generally 396.525Military Department Construction Account; disposition of moneys received from sale of real property 396.530Location of new armories; title to armories and grounds 396.535Acquisition of property for military use; payment for use of property 396.540Use of armories 396.545Leases and agreements for use of armories 396.555Oregon Military Museum established at Camp Withycombe 396.560Grants and donations for Oregon Military Museum 396.565Disposal of property 396.595Military Family Appreciation Day 396.600[2011 c.727 §1; repealed by 2017 c.532 §19]

Chapter 396 — Militia Generally

ORS 396.125 Governor as Commander in Chief; military regulations; conflict with state law

(1)

The Governor of this state, by virtue of office, is the Commander in Chief of the militia of this state, and may issue military regulations for the governance of the militia. Military regulations issued by the Governor shall have the full force and effect of law. To the extent a regulation issued under this section conflicts with any other law of this state, the regulation shall supersede the conflicting law.

(2)

In issuing regulations under this section, the Governor may give consideration to the laws and regulations of the United States relating to the organization, discipline and training of the militia, to the provisions of this chapter and ORS chapters 398 and 399 and to the laws and regulations governing the United States Army and United States Air Force.

(3)

The Governor may delegate to the Adjutant General authority to issue the regulations described in this section for the governance of the militia.

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