The New Mexico Military Code shall consist of:

A. the constitution of the United States of America, including:

(1) Article 1, Section 8 (the militia clause);

(2) Article 2, Section 2 (powers of the president);

(3) Amendment 2 (right to keep and bear arms);

(4) Amendment 5 (rights of accused in criminal proceedings); and

(5) Amendment 10 (powers reserved to states or people);

B. the constitution of New Mexico:

(1) Article 2, Section 9 (military power subordinate; quartering of soldiers);

(2) Article 2, Section 14 (indictment and information; grand juries; rights of accused);

(3) Article 5, Section 4 (governor's executive power; commander of militia);

(4) Article 9, Section 7 (state indebtedness; purposes); and

(5) Article 18 (militia); and

C. Chapter 20 NMSA 1978.

The New Mexico Military Code shall be published, maintained and disseminated by the adjutant general. It may be implemented by executive orders or proclamations or by orders, rules or regulations of the adjutant general, consistent with the constitutions and laws of the state and of the United States, so as to achieve its intended effects and purposes. When attested by the adjutant general as issued by command of the governor, regulations shall have full force and effect upon publication. They are exempt from the requirements of filing of the State Rules Act [Chapter 14, Article 4 NMSA 1978].

History: 1978 Comp., § 20-1-1, enacted by Laws 1987, ch. 318, § 1.

Repeals and reenactments. — Laws 1987, Chapter 318 repealed former 20-1-1 NMSA 1978, as amended by Laws 1977, ch. 258, § 10, relating to the office of military affairs, and enacted a new section, effective April 10, 1987.

Cross references. — For tuition payments for residents conscripted into military service, see 21-1-4.1 NMSA 1978.