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Missouri Revised Statutes

Mo. Rev. Stat. § 41.480 (2026)

Organized militia when called to duty

✓ current as of May 2026
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  41.480.  Organized militia when called to duty — martial law. — 1.  The governor may, when in his opinion the circumstances so warrant, call out the organized militia or any portion or individual thereof to execute the laws, suppress actual and prevent threatened insurrection and repel invasion.  The governor, if in his judgment the maintenance of law and order will thereby be promoted, may by proclamation declare martial law throughout the state or any part thereof.

  2.  The governor may, when in his opinion circumstances so warrant, call out the organized militia or any portion thereof as he deems necessary to provide emergency relief to a distressed area in the event of earthquake, flood, tornado or other actual or threatened public catastrophe creating conditions of distress or hazard to public health and safety beyond the capacities of local or other established agencies.

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(RSMo 1939 §§ 15018, 15022, 15039, A.L. 1951 p. 654 §§ 12, 13)

Prior revisions: 1929 §§ 13825, 13829, 13846; 1919 §§ 7353, 7357, 7374

Notes of Decisions
Cited in 5 cases, 1979–2002 · leading case: State Ex Inf. Ashcroft v. Kansas City Firefighters Local No. 42, 672 S.W.2d 99 (Mo. Ct. App. 1984).
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State Ex Inf. Ashcroft v. Kansas City Firefighters Local No. 42, 672 S.W.2d 99 (Mo. Ct. App. 1984). · cites it 4× “This condition of emergency was reported to the Governor of Missouri by the city officials and on October 3, 1975, by proclamation, the Governor ordered the state militia into emergency duty under the authority of § 41.480, RSMo 1978. The strike ended on October 7, 1975, and the…”
Kinder v. Holden, 92 S.W.3d 793 (Mo. Ct. App. 2002). · cites it 2× “” Section 41.480 also provides that the Governor may call out the militia when, in his opinion the circumstances so warrant.”
Cochran v. Missouri Nat'l Guard, 893 S.W.2d 814 (Mo. 1995). · cites it 5× “Section 41.480, RSMo 1994, authorizes the governor to call the militia to duty.”
State Ex Inf. Danforth v. Kansas City Firefighters Local No. 42, 585 S.W.2d 94 (Mo. Ct. App. 1979). “The National Guard was called to duty by the Governor pursuant to the authority vested in him by § 41.480,- RSMo 1969. There is no provision in that section or in the appropriation which contemplates recovery by the State of the cost for deployment of the Guard.”
Daniels v. Missouri Army Nat'l Guard, 902 S.W.2d 301 (Mo. Ct. App. 1994). · cites it 3× “Section 41.480 outlines when the organized militia is called to duty by the governor: 1.”
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