Bill > HB1319

This bill, titled "Public Safety - Militia - Active Duty Combat (Defend the Guard)," amends existing Maryland law to restrict the Governor's authority to deploy the state militia, which includes the Maryland Defense Force and the National Guard, into "active duty combat," defined as participating in an armed conflict, performing hazardous service related to an armed conflict in a foreign state, or performing a duty through an instrumentality of war while in the active federal military service of the United States. Specifically, the Governor can no longer order the militia into active duty combat unless the U.S. Congress has officially declared war or taken specific action under the U.S. Constitution to call forth the state militia to execute federal laws, repel an invasion, or suppress an insurrection. However, this prohibition does not prevent the Governor from deploying the militia within the United States and its territories for purposes such as defense support of civil authorities under U.S.C. Title 32, which generally refers to the National Guard assisting civilian agencies.

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https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/HB1319?ys=2026RS