Public Safety - Militia - Active Duty Combat (Defend the Guard)

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb1319*

HOUSE BILL 1319
E4, P1 6lr0913
HB 548/25 – HGO
By: Delegates Grammer, Arikan, Chisholm, Fisher, M. Morgan, and Szeliga
Introduced and read first time: February 12, 2026
Assigned to: Judiciary

A BILL ENTITLED

AN ACT concerning 1

Public Safety – Militia – Active Duty Combat 2
(Defend the Guard) 3

FOR the purpose of prohibiting the Governor from ordering the militia or a member of the 4
militia into active duty combat unless the U.S. Congress has passed an official 5
declaration of war or taken a certain official action; establishing that this prohibition 6
does not limit or prohibit the Governor from deploying the militia or a member of the 7
militia under certa in circumstances; and generally relating to ordering the militia 8
into active duty combat. 9

BY repealing and reenacting, with amendments, 10
Article – Public Safety 11
Section 13–702 12
Annotated Code of Maryland 13
(2022 Replacement Volume and 2025 Supplement) 14

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
That the Laws of Maryland read as follows: 16

Article – Public Safety 17

13–702. 18

(a) This section applies to the Maryland Defense Force and the National Guard. 19

(b) [The] EXCEPT AS PROVIDED IN SUBSECTION (E) OF THIS SECTION, THE 20
Governor may order the militia into State active duty: 21

(1) in times of or on reasonable apprehension of imminent public crisis, 22
disaster, rioting, catastrophe, insurrection, invasion, tumult, or breach of peace; 23
2 HOUSE BILL 1319

(2) when martial law is declared; 1

(3) to enforce the laws; or 2

(4) to carry on any function of the militia of the State. 3

(c) (1) To enforce the laws, a member of the militia in State active duty has all 4
the authority of a peace or law enforcement officer. 5

(2) The authority of the member extends throughout the State during the 6
State active duty. 7

(d) Whenever the militia is in State active duty, the ranking officer of the militia 8
ordered into State active duty or that officer’s subordinates on State active duty shall: 9

(1) cooperate with local law enforcement authorities; or 10

(2) if the exigencies of the case require and subject only to order from the 11
Governor: 12

(i) direct and control local law enforcement authorities and the 13
Department of State Police; and 14

(ii) assume all the powers vested in these subordinated law 15
enforcement authorities. 16

(E) (1) (I) IN THIS SUBSECTION TH E FOLLOWING WORDS HA VE THE 17
MEANINGS INDICATED. 18

(II) “ACTIVE DUTY COMBAT ” MEANS PERFORMING THE 19
FOLLOWING SERVICES IN THE ACTIVE FEDERAL MILITARY SERVICE OF THE UNITED 20
STATES: 21

1. PARTICIPATION IN AN ARMED CONFLICT; 22

2. PERFORMANCE OF A HAZARDOUS SERVICE RELATING 23
TO AN ARMED CONFLICT IN A FOREIGN STATE; OR 24

3. PERFORMANCE OF A DUT Y THROUGH AN 25
INSTRUMENTALITY OF WAR. 26

(III) “OFFICIAL DECLARATION OF WAR ” MEANS AN OFFICIAL 27
DECLARATION OF WAR M ADE BY THE U.S. CONGRESS UNDER ARTICLE I, § 8, 28
CLAUSE 11 OF THE U.S. CONSTITUTION. 29

HOUSE BILL 1319 3

(2) NOTWITHSTANDING ANY O THER PROVISION OF LA W, THE 1
GOVERNOR MAY NOT ORDE R THE MILI TIA OR ANY MEMBER OF THE MILITIA INTO 2
ACTIVE DUTY COMBAT U NLESS THE U.S. CONGRESS HAS PASSED A N OFFICIAL 3
DECLARATION OF WAR OR HAS TAKEN AN OFFICIAL ACTION UNDER ARTICLE I, § 8, 4
CLAUSE 15 OF THE U.S. CONSTITUTION TO EXPLI CITLY CALL FORTH THE STATE 5
MILITIA OR ANY MEMBER OF THE STATE MILITIA TO EXEC UTE THE LAWS OF THE 6
UNITED STATES, REPEL AN INVASION, OR SUPPRESS AN INSURRECTION. 7

(3) NOTHING IN THIS SUBSECTION MAY BE CONSTRUED TO LIMIT OR 8
PROHIBIT THE GOVERNOR FROM DEPLOYI NG THE MILITIA OR A MEMBER OF THE 9
MILITIA UNDER U.S.C. TITLE 32, DEFENSE SUPPORT OF CIVIL AUTHORITIES, 10
WITHIN THE UNITED STATES AND U.S. TERRITORIES. 11

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 12
October 1, 2026. 13