CHAPTER 5921: OHIO NAVAL MILITIA
§ 5921.01 Ohio naval militia.
The governor shall organize and maintain within this state on a cadre or reserve basis
naval forces capable of being expanded and trained to defend this state whenever the
Ohio national guard, or a part thereof, is employed so as to leave this state without
adequate defense, and whenever necessary to assist and maintain the public peace in case
of a disaster or emergency as determined by the governor. Such forces shall not be used
in disturbances that are civil in nature, including but not limited to riots and strikes. Such
forces shall be known as the Ohio naval militia. Such forces shall be a part of the
organized militia of this state. The Ohio naval militia shall consist of not more than three
ship companies as provided in sections 5921.02 to 5921.16 of the Revised Code. In
case of an emergency proclaimed by the president or the congress of the United States, or
caused by enemy action or imminent danger thereof, the governor, as commander in
chief, shall expand such forces as the exigency of the occasion requires.
HISTORY: GC § 5253; 107 v 382(396); 119 v 93(106); Bureau of Code Revision, 101-53; 125 v 79 (Eff 10-2-53); 136 v S 524. Eff 1-11-77.
Comparative Legislation
Naval militia:
CA--Mil & Vet Code § 280
FL--Stat Ann § 250.04
IN--Code § 10-2-10-1
MI--Comp Laws Ann § 33.1 et seq
NY--Mil Law § 43
PA--CSA tit 51 § 301(b)
§ 5921.02 Divisions of naval militia.
The Ohio naval militia shall be divided into ship companies and each ship company shall
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consist of not less than two or more than three divisions.
HISTORY: GC § 5254; 107 v 382(396); Bureau of Code Revision, 10-1-53; 136 v S
524. Eff 1-11-77.
§ 5921.03 Officers.
Each ship company and each division shall be allowed such commissioned officers,
warrant officers, and enlisted members as are prescribed by the department of the navy
for similar naval organizations, or as the exigencies of the service require.
HISTORY: GC § 5255; 107 v 382(396); Bureau of Code Revision, 10-1-53; 125 v 79
(Eff 10-2-53); 136 v S 524. Eff 1-11-77.
§ 5921.04 Selection and rank; oath of office.
Commissioned officers and warrant officers of the Ohio naval militia shall be chosen,
commissioned, and take rank as provided for the Ohio national guard, following the
regulations and customs of the United States navy.
Commissioned officers and warrant officers of the Ohio naval militia shall take and
subscribe to the following oath of office:
"I, . . . . . ., do solemnly swear that I will support and defend the constitution of the
United States and the constitution of the state of Ohio, against all enemies, foreign and
domestic; that I will bear true faith and allegiance to the same; that I will obey the orders
of the governor of the state of Ohio; that I make this obligation freely, without any
mental reservation or purpose of evasion, and that I will well and faithfully discharge the
duties of the office of . . . . . . . . in the Ohio naval militia upon which I am about to enter;
and, I do solemnly swear that I do not advocate, nor am I a member of any political party
or organization that advocates the overthrow of the government of the United States or of
this state by force or violence, so help me God."
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Every officer, before being commissioned shall take and subscribe to such oath within
ten days after his appointment, and unless he does so he is deemed to have declined his
office and the appointment shall be vacated.
All commissioned officers and warrant officers of the Ohio naval militia may administer
oaths and affirmations in the discharge of any of the duties pertaining to their offices and
in connection with the appointment of officers and the enlistment of members of the
Ohio naval militia.
HISTORY: GC § 5256; 107 v 382(396); Bureau of Code Revision, 10-1-53; 136 v S
524. Eff 1-11-77.
§ 5921.05 Enlisted members; oath.
Enlisted members shall be enlisted according to regulations prescribed by the department
of the navy for the governing of similar naval organizations.
All persons enlisted in the Ohio naval militia shall sign an enlistment contract and take
and subscribe to an oath of enlistment as follows:
"I do hereby acknowledge to have voluntarily enlisted this . . . . . . day of . . . . ., . . ., as a
member of the Ohio naval militia for a period of three years, under the conditions
prescribed by law, unless sooner discharged by proper authority. And I do solemnly
swear that I will bear true faith and allegiance to the United States of America and to the
state of Ohio; that I will serve them honestly and faithfully against all their enemies
whomsoever; and that I will obey the orders of the governor of the state of Ohio and of
the officers appointed over me according to law and the rules in accordance therewith."
HISTORY: GC § 5257; 107 v 382(396); Bureau of Code Revision, 10-1-53; 125 v 79
(Eff 10-2-53); 136 v S 524 (Eff 1-11-77); 148 v H 495. Eff 5-9-2000.
§ 5921.06 Uniform.
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The uniform of the commissioned officers, warrant officers, petty officers and enlisted
men of the Ohio naval militia shall be suitable, but not in violation of the laws of the
United States or contrary to regulations of the department of the navy.
HISTORY: GC § 5258; 107 v 382(397); Bureau of Code Revision, 10-1-53; 125 v 79.
Eff 10-2-53.
§ 5921.07 Drill and instruction.
The Ohio naval militia shall assemble for drill and instruction at such times and places
and during such periods of time as the governor prescribes.
HISTORY: GC § 5259; 107 v 382(397); Bureau of Code Revision, 10-1-53; 125 v 79.
Eff 10-2-53.
§ 5921.08 Tours.
Each ship company shall make only such tours of duty afloat or ashore as the governor
orders.
HISTORY: GC § 5260; 107 v 382; Bureau of Code Revision, 10-1-53; 125 v 79 (Eff
10-2-53); 136 v S 524. Eff 1-11-77.
§ 5921.09 Laws, regulations, and customs.
The Ohio naval militia shall be organized, governed, drilled, and instructed in accordance
with the regulations and customs provided for the navy of the United States, and Chapter
5924. of the Revised Code, together with the orders of the governor.
HISTORY: GC § 5261; 107 v 382(397); Bureau of Code Revision, 10-1-53; 125 v 79
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(Eff 10-2-53); 130 v 1371 (Eff 9-16-63); 130 v PtII, 296 (Eff 12-16-64); 136 v S 524
(Eff 1-11-77); 147 v S 130. Eff 9-18-97.
§ 5921.10 Governor may prescribe rules.
The governor may prescribe rules not inconsistent with the provisions of law governing
the enlistment, organization, administration, equipment, and maintenance of the Ohio
naval militia. A copy of such rules shall be kept available to the public in the office of the
adjutant general.
HISTORY: 136 v S 524. Eff 1-11-77.
Not analogous to former RC § 5921.10 (GC § 5262; 107 v 382; Bureau of Code
Revision, 10-1-53), repealed, 125 v 79, eff 10-2-53.
§ 5921.11 Requisition arms, equipment and facilities.
The governor may requisition from the department of defense, for the use of the Ohio
naval militia, arms and equipment that may be in possession and can be furnished by the
department, and make available to the Ohio naval militia the facilities of state armories
and their equipment and such other state premises and property that are available.
HISTORY: 136 v S 524. Eff 1-11-77.
Not analogous to former RC § 5921.11 (GC § 5263; 107 v 382; Bureau of Code
Revision, 10-1-53), repealed, 125 v 79, eff 10-2-53.
§ 5921.12 Military service; area of service.
Sections 5921.01 to 5921.16 of the Revised Code do not authorize the Ohio naval militia,
or any part thereof, to be called or ordered as such into the military service of the United
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States. The naval militia may become a component of the Ohio national guard. The
governor may consent to the employment of not more than one-half of the naval militia
to assist in areas adjacent to the borders of the state. No person shall, by reason of his
enlistment, warrant or commission in the naval militia, be exempt from militia service
under any law of the United States.
HISTORY: 136 v S 524. Eff 1-11-77.
Not analogous to former RC § 5921.12 (GC § 5264; 107 v 382; Bureau of Code
Revision, 10-1-53), repealed 125 v 79, eff 10-2-53.
§ 5921.13 Resignation; discharge.
The governor may accept the resignation of any commissioned officer or warrant officer
or grant a discharge to any enlisted member of the Ohio naval militia at any time.
Commissions or warrants of officers of the naval militia shall be vacated by resignation
or absence without leave for three months, upon recommendation of an efficiency board,
pursuant to sentence of a court martial or if such officer has been convicted of an
infamous crime.
HISTORY: 136 v S 524. Eff 1-11-77.
§ 5921.14 Organization enlistment not allowed.
No civil organization, society, club, post, order, fraternity, association, brotherhood,
body, union, league, or other combination of persons, or civil group, shall be enlisted in
the Ohio naval militia as an organization.
HISTORY: 136 v S 524. Eff 1-11-77.
§ 5921.15 Pay, allowances, benefits, and privileges.
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The officers and enlisted men of the Ohio naval militia shall receive from the state the
same pay, allowances, benefits, and privileges, in every respect, as are allowed the
officers and enlisted men of corresponding rank and grade of the Ohio military reserve,
provided such pay or supplies as provided by the department of defense shall be deducted
therefrom.
Each ship company of the Ohio naval militia shall receive the same allowances for
incidental expenses, as are allowed the headquarters of a separate battalion of the Ohio
military reserve, and each division, the same allowance in every respect as a company of
infantry.
HISTORY: 136 v S 524 (Eff 1-11-77); 141 v H 204. Eff 9-23-85.
Analogous to former RC §§ 5921.10, 5921.12, repealed, 125 v 79, eff 10-2-53.
§ 5921.16 Repealed, 141 v H 201, § 2 [136 v S 524]. Eff 7-1-85.
This section concerned the maintenance fund for Ohio naval militia.
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