Kansas Statutes Annotated

K.S.A. § 48-241 (2026)

Ordering militia into active service

✓ current as of May 2026

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48-241. Ordering militia into active service. The commander in chief shall have power to order into the active service of the state any or all of the units of the national guard, any active or retired member of the national guard or other militia or military organizations of the state that the commander in chief deems necessary in case of: (1) A request by civil authorities to support federal or state law enforcement agencies in counter-drug and drug interdiction operations when such request is approved by the commander in chief; (2) a need for personnel to support the adjutant general's department during a local, state or federal disaster or other mission; or (3) breaches of the peace, tumult, riot, resistance to process in this state, public disaster or imminent danger thereof. All members of the national guard or other militia or military organization who are ordered out by proper authority for such duty shall not be liable to civil prosecution for any act or acts done by them except for willful misconduct beyond the scope of their official duties.

History: L. 1901, ch. 255, § 41; R.S. 1923, 48-241; L. 1957, ch. 306, § 5; L. 1992, ch. 256, § 1; L. 2006, ch. 105, § 1; July 1.

Notes of Decisions

Cited in 1 case, 1983–1983 · leading case: Hefley v. Textron, Inc., 713 F.2d 1487 (10th Cir. 1983).

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Hefley v. Textron, Inc., 713 F.2d 1487 (10th Cir. 1983). “The governor may cause to be discharged any commissioned officer “if the officer persists in willfully neglecting the duties of the officer’s office or fails to properly account for public property or money in the officer’s possession as an officer.”

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