Maryland legislation · 2026 Regular Session
Maryland HB1319: Public Safety - Militia - Active Duty Combat (Defend the Guard)
Status: In committee, February 16, 2026
Prohibiting the Governor from ordering the militia or a member of the militia into active duty combat unless the U.S. Congress has passed an official declaration of war or taken a certain official action; and establishing that this prohibition does not limit or prohibit the Governor from deploying the militia or a member of the militia under certain circumstances.
What the bill says
A bill ENTITLED AN ACT concerning Public Safety - Militia - Active Duty Combat (Defend the Guard) FOR the purpose of prohibiting the Governor from ordering the militia or a member of the militia into active duty combat unless the U.S. Congress has passed an official declaration of war or taken a certain official action; establishing that this prohibition does not limit or prohibit the Governor from deploying the militia or a member of the militia under certain circumstances; and generally relating to ordering the militia into active duty combat…
From the introduced text, February 12, 2026:
A BILL ENTITLED AN ACT concerning Public Safety - Militia - Active Duty Combat (Defend the Guard) FOR the purpose of prohibiting the Governor from ordering the militia or a member of the militia into active duty combat unless the U.S. Congress has passed an official declaration of war or taken a certain official action; establishing that this prohibition does not limit or prohibit the Governor from deploying the militia or a member of the militia under certain circumstances; and generally relating to ordering the militia into active duty combat. BY repealing and reenacting, with amendments, Article - Public Safety Section 13-702 Annotated Code of Maryland (2022 Replacement Volume and 2025 Supplement) SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, That the Laws of Maryland read as follows: Article - Public Safety 13-702. (a) This section applies to the Maryland Defense Force and the National Guard. (b) [The] EXCEPT AS PROVIDED IN SUBSECTION (E) OF THIS SECTION, THE Governor may order the militia into State active duty: (1) in times of or on reasonable apprehension of imminent public crisis, disaster, rioting, catastrophe, insurrection, invasion, tumult, or breach of peace; EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW. [Brackets] indicate matter deleted from exist in g l aw . *hb1319* HOUSE BILL 1319 (2) when martial law is …