West Virginia Code § 15-1D-7

Repelling assault
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If any portion of the National Guard, or any person lawfully aiding them in the performance
of any duty, under the provisions of this article, is assaulted, attacked or in imminent danger
thereof, the commanding officer of such National Guard need not await any orders from any
civil authority but may at once proceed to quell such attack and disperse the attacking
parties, and take all other needful steps for the safety of his command. e

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