WVC 15 - 1 D- 7
§15-1D-7. Repelling assault.
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.
Note: WV Code updated with legislation passed through the 2012 1st Special Session