The Maryland Defense Force, along with the Maryland Army National Guard and it's components, constitute
the organized militia of the State of Maryland. As stated in Article 65, Section 5 of the Annotated Code of the
State of Maryland, "The organized militia of the State shall consist of officers appointed and commissioned by
the Governor, and of such able-bodied citizens of the State, and such able-bodied persons of foreign birth as
have declared their intentions to become citizens of the State, resident therein, as shall be regularly enlisted
therein, including the National Guard, the Maryland Defense Force and the reserve militia (Minute Men)."
All able-bodied citizens of the State and all able-bodied persons of foreign birth, who have declared their
intentions to become citizens of the State, and who are residents therein, shall constitute the militia, subject to
the following exemptions: (1) persons exempted by the laws of the United States; (2) persons exempted by the
laws of Maryland; (3) the members of any regularly organized fire or police department in any city, village or
town; (4) judges and clerks of courts of record, registers of wills and deeds, sheriffs, ministers of the Gospel,
members of religious communities, ecclesiastical students in the various seminaries and schools of divinity,
practicing physicians, superintendents, officers and assistants of hospitals, prisons and jails; all persons actually
employed as teachers in any established school, college or university; lighthouse keepers, conductors and
engineers of railways, seamen actually employed as such; (5) idiots, lunatics, paupers, vagabonds, confirmed
drunkards, persons addicted to the use of narcotic drugs, and persons convicted of infamous crimes; all such
exempted persons, except as enumerated in items (1) and (2) shall be available for military duty in case of war,
insurrection, invasion or imminent danger thereof. Whenever the masculine gender is used in this article, it also
includes the feminine gender, unless otherwise provided by law.
When ordered out. When the militia of this State, or any part thereof, is called or ordered under the
Constitution and laws of the United States, into the active military service of the United States, the Governor
shall order out for service the organized militia, or such part thereof as may be necessary and if the number
available be insufficient he shall order out such part of the unorganized militia as he may deem necessary.
When articles of war govern. Whenever any portion of the militia shall be on duty pursuant to the orders of the
Governor, or shall be on duty or ordered to assemble for duty in time of war, insurrection, invasion, public danger
or to aid the civil authorities on account of any breach of the peace, tumult, riot, resistance to process of this
State, or imminent danger thereof, or for any other cause, the articles of war governing the Army of the United
States, as well as such regulations issued thereunder, shall be in force and regarded as part of this article until
said forces shall be duly relieved from such duty. As to offenses committed when such articles of war are in
force, courts-martial shall possess, in addition to the jurisdiction and power of sentence and punishment therein
vested to them, all additional jurisdiction and power of sentence and punishment exercisable by like courts
under such articles of war or the regulations and laws governing the Army of the United States, or the customs
and usages thereof; but no punishment under such rules and articles, which shall extend to the taking of life, shall
in any case be inflicted, except in time of actual war, invasion or insurrection, and then only after the approval by
the Governor of the sentence inflicting such punishment. Imprisonment other than in guardhouse shall be
executed in jails or prisons designated by the Governor for the purpose.
Members not reporting when ordered out deemed deserters. Every member of the militia ordered out, or
who volunteers, who does not appear at the time and place designated by his commanding officer or the sheriff
aforesaid within twenty-four hours from such time, or who does not produce a sworn certificate of physical
disability, to so appear, from a physician in good standing, shall be taken to be a deserter and dealt with as
prescribed in the articles of war, Army of the United States.
The militia of this State shall be divided into two classes: The organized militia and the unorganized militia.
The organized militia of the State shall consist of officers appointed and commissioned by the Governor, and of
such able-bodied citizens of the State, and such able-bodied persons of foreign birth as have declared their
intentions to become citizens of the State, resident therein, as shall be regularly enlisted therein, including the
National Guard, the Maryland Defense Force and the reserve militia (Minute Men). A military office for which no
salary is provided in the budget shall not be considered an office of profit.
The several sections of this article that are applicable to the naval militia organized under § 3-303 of the
State Government Article shall have the same force and effect as if the term naval militia had been specifically
designated in any or all of such sections.
The Governor shall have the power in times of public crisis, disaster, rioting, catastrophe, insurrection,
invasion, tumult, breach of peace or upon reasonable apprehension of the imminence thereof, or to enforce the
laws of this State, or to carry on any of the functions of the militia of this State, or any part thereof, or whenever,
by the law of the land, martial law may be declared, to order into the active service of the State all or any part of
the militia as he may deem proper or necessary. Whenever the militia shall be in the active service each and
every member thereof so ordered to active State duty shall be vested, in enforcing the laws of this State, with all
the authority of peace or police officers for the duration of such active State duty of such members, and their
bailiwick shall extend throughout the State. Active State service or active duty as referred to herein shall not
include drill periods or preparation therefor or equivalent training, or annual field training of the militia while in its
capacity as National Guard of the United States, unless the Governor shall provide specifically to the contrary.
Whenever the militia or any part thereof shall be in the active service of the State, under the provisions of this
section, the ranking officer of the militia or such part thereof ordered into active State service, or his
subordinates on active State duty, shall cooperate with local law enforcement authorities or, as the exigencies of
the case may require, pursuant only to proper order from the Governor, subordinate the local law enforcement
authorities, including the Department of State Police, to their direction and control and shall assume all the
powers vested in these subordinated law enforcement authorities. The provisions of this section shall apply to
the Maryland Defense Force as defined in the militia laws of Maryland, whenever the Maryland Defense Force
shall be in existence pursuant to law.
All members of the Maryland National Guard, who are designated by the Adjutant General of Maryland as
National Guard full-time support personnel pursuant to the provisions of 32 U.S.C. and who are under the control
or jurisdiction of the Military Department, State of Maryland, and who are acting in such capacity, are hereby
invested, in and for the military area to which assigned, with the same police power, authority and status, with
respect to criminal matters and the enforcement of the law relating thereto, as sheriffs, constables, police or
peace officers possess and exercise in their respective jurisdictions; and all such persons shall also have all the
immunities and matters of defense now available, or such as hereafter may be made available, to sheriffs,
constables, police or peace officers, in any suit, criminal or civil, brought against them in consequence of acts
done in the course of their employment and duty.
(a) Except as otherwise authorized by law, the National Guard is designated as a law enforcement
agency for the sole purpose of receiving property and revenues and is authorized to receive property and
revenues, pursuant to 18 U.S.C. § 981(e)(2), 19 U.S.C. § 1616a(c)(1)(B)(ii), and 21 U.S.C. §§ 881(e)(1)(A) and
(e)(3), from those federal agencies that are supported by National Guard personnel in the Counter Drug
(b) (1) Any property or revenues received by the National Guard shall be used to supplement the
resources allocated to the Counter Drug Program.
(2) The usage of property and revenues received by the National Guard shall conform to the
guidelines of the U.S. Department of Justice, the U.S. Department of Defense, and the U.S. Department of the
(a) The Adjutant General shall be appointed by the Governor by and with the advice and consent of the
Senate. He shall have a commissioned grade not above that of lieutenant general, and his salary shall be as
stated in the annual budget. He may be appointed by the Governor as chief of staff of the Governor's staff.
(b) An assistant adjutant general for army shall be appointed by the Governor and his term of office shall
be at the pleasure of the Governor. He shall have a commissioned grade not above that of brigadier general,
and his salary shall be as stated in the annual budget. He will perform such military duties as may be assigned
to him by the Governor or by the Adjutant General.
(c) An assistant adjutant general for air shall be appointed by the Governor and his term of office shall be
at the pleasure of the Governor. He shall have a commissioned grade not above that of brigadier general. He
will perform such military duties as may be assigned to him by the Governor or by the Adjutant General.
(d) The Adjutant General, the assistant adjutant general for army, and the assistant adjutant general for air
(1) Have at least 5 years of commissioned service in the Maryland National Guard;
(2) Have attained at least the rank of lieutenant colonel;
(3) Have not been separated from the Maryland National Guard for more than 5 years before the date
of appointment; and
(4) Meet the requirements for federal recognition at the rank appointed.
(e) The Adjutant General, the assistant adjutants general, officers, warrant officers, and enlisted men who
are full-time employees of the Military Department are military personnel in an active duty status. They shall be
entitled to receive the same per diem pay, including longevity pay, subsistence and allowances, as officers,
warrant officers and enlisted men of like grades and length of service in the regular army or air force, as the
case may be. Subsistence and allowances shall be accorded the same treatment for income tax purposes
under the laws of this State as granted by the United States Internal Revenue Code, and regulations
promulgated thereunder for federal income tax purposes; and such subsistence and allowances shall not be
used in calculating the salary base for retirement purposes for any employee who is a member of the
Employees' Retirement System of the State of Maryland.
(f) An individual who holds more than one of the above-mentioned offices simultaneously shall receive
only the pay allowances and subsistence provided herein for a single office.
(g) The Governor may choose a staff consisting of the Adjutant General, and not more than twelve aides.
The aides will be selected by the Governor from among the commissioned officers of the National Guard and
naval militia. Each of them may receive an appointment as aide, which however, shall not add to the actual
grade of the officer so appointed; nor shall such officer be relieved from duty with the organization to which he is
assigned, except when actually on duty as aide under the orders of the Governor.
(h) The appointment of a chief of staff and aides shall be at the pleasure of the Governor.
(i) A deputy Assistant Adjutant General for Army shall be appointed by the Governor and his term of office
shall be at the pleasure of the Governor. The deputy Assistant Adjutant General for Army shall have a
commissioned grade not above that of brigadier general and shall perform the military duties assigned by the
Governor or by the Adjutant General.
Adjutant General as acting police commissioner of Baltimore City. The Governor of Maryland may assign to
the Adjutant General, for such period as designated, the duty of serving as acting police commissioner of the
Mayor and City Council of Baltimore, with all the powers, duties, and functions prescribed and provided by law
for that position. For any period during which this duty is assigned to and discharged by the Adjutant General,
the Mayor and City Council of Baltimore shall pay over to the general funds of the State treasury a sum
computed on the basis of two thousand dollars for each month. The provisions of this section, and the
appointment shall expire automatically as of May 31, 1967, with no further action required by the General
Assembly, except that sums due as of that date for the said two thousand dollars per month payments shall be
paid over to the general funds of the State after that time, as if this section had not automatically expired.
The Adjutant General shall be on active duty status and his salary shall be as stated in the annual budget.
Should the Adjutant General be called or ordered into the active military service of the United States, under the
Constitution and laws of the United States, the Governor may designate an acting Adjutant General, who will
exercise all the duties of the office during such period.
The Adjutant General shall be in control of the Military Department of the State, and subordinate only to the
Governor in matters pertaining to said department. He shall keep in his office all records and papers required to
be kept and filed therein, and make as of the 30th of September in each year, within fifteen days thereafter, to
the Governor, a detailed statement of all the receipts and expenditures for military purposes during the year.
He shall be charged with the care, control and maintenance of all armories, owned by the State of Maryland,
and all buildings or other property purchased, occupied, leased or rented by or in behalf of the State military
forces, which may now or shall hereafter be authorized by law and shall have all power and authority necessary
or desirable for the purpose aforesaid and with the right to make and enforce all reasonable rules and
regulations; provided, however, that when disapproved by the Adjutant General, applications to use the
armories for nonmilitary purposes shall be subject to the review and approval of the Board of Public Works, the
Adjutant General and the commanding officer of the unit occupying the armory concerned.
He shall act as custodian of all battle flags and war records and is charged with their proper care and
preservation. He is authorized to employ the necessary clerks and employees, and as many laborers as may be
required from time to time. The seal now used in his office shall be the seal of the office of the Adjutant General
and shall be delivered by him to his successor.
The Adjutant General, as Quartermaster General, shall be responsible to the Governor for the care,
preservation and safekeeping of all military property. He shall prepare returns of all federal military property at
the time and in the manner prescribed by the Secretary of the Army. He shall keep a just and true account of all
expenses incurred in the upkeep of the militia and such expenses shall be audited and paid in the manner
provided by law. He shall make such purchases and issue such military property as the Governor may direct.
The general appropriations for the militia shall be exclusively applied to the necessary and contingent
expenses of the office of the Adjutant General and to the maintenance and equipment and for the general
efficiency of the organized militia of this State, organized and enlisted as provided for in this article. No
purchases shall be made, debts incurred or money expended except by the direct authority of the Adjutant
General. The Adjutant General shall make rules and regulations for receipts and expenditures of all moneys
coming under his control and he may require bond from such persons as he may designate. All bills shall be
audited and paid by the Adjutant General and the general customs and methods of the finance office of the
Army of the United States shall be followed as nearly as possible.
(a) (1) In this section the following words have the meanings indicated.
(2) "Institution" means any campus of the University System of Maryland, any community college
established pursuant to Title 16 of the Education Article, Morgan State University, or St. Mary's College.
(3) "Member" means any resident of the State who:
(i) Is regularly enlisted in the Maryland National Guard; or
(ii) Holds a commission in the Maryland National Guard as:
1. An officer in the grade of captain or below; or
2. A warrant officer.
(4) (i) "Tuition" means the basic instructional charge for undergraduate credit courses.
(ii) "Tuition" does not include:
1. Charges for self-supporting programs; or
2. Fees, such as those for registration, application, or laboratory work.
(b) (1) To the extent that funds are provided in the budget, the Military Department may provide
assistance equal to 50 percent of the tuition for any regularly scheduled undergraduate credit course for any
active member who is certified as eligible by the Maryland Adjutant General.
(2) The amount of tuition assistance may not exceed $500 per semester for each member at
institutions other than community colleges. The amount of tuition assistance at community colleges may not
exceed $250 per semester for each member.
(c) (1) The Maryland Adjutant General may not certify a member as eligible unless the member:
(i) If enlisted, has at least 24 months remaining to serve on the member's current enlistment; or
(ii) If an officer or warrant officer, the member agrees in writing to serve for a minimum of 24
(2) The 24 month requirement runs from the first day of classes for the semester.
(d) If a recipient of tuition assistance under this section is discharged from the Maryland National Guard
for a reason designated by the Maryland Adjutant General, the assistance terminates and the member owes the
Military Department within 30 days of discharge the amount of tuition assistance that was received for that
Unassigned list. There shall be an unassigned list exclusively restricted to officers and enlisted men of the
organized militia and none other, who are transferred thereto by the Governor; provided that such transfer shall
not in anywise be considered a removal from office or affect the rank of an officer or enlisted man so
No officer of the militia shall incur any expense whatever to be paid by the State, except such as authorized
in this article, without first obtaining the authority of the Adjutant General. In extreme emergencies, however, the
commanding officer of any organization or detachment of the organized militia may purchase such necessities
as are absolutely required for the immediate use and care of his command, taking receipts in triplicate therefor;
a report of such action, containing a statement of the articles purchased and the price thereof, with the receipts
attached, must be made forthwith through the regular channels to the Quartermaster General. The Comptroller of
the State shall be the auditor of all accounts for property purchased by the Adjutant General. All other military
accounts payable by the State shall be audited by the Adjutant General. Military accounts thus audited shall be
paid by the Treasurer of the State from a proper appropriation made by the legislature, upon the warrant of the
Adjutant General, under and by direction of the Governor.
National Guard. (a) Definition. -- Whenever used in this article "National Guard" means Army National Guard
and Air National Guard.
(b) Of what organizations and persons National Guard shall consist. The Army National Guard of
Maryland and the Air National Guard of Maryland shall consist of those units and organizations of the organized
militia allocated to the State of Maryland by the Department of Defense and supported, in whole or in part, by
federal funds; and such persons as shall, with the approval of the Governor, be transferred thereto by federal
authorities for the completion of the reserve service obligation imposed upon them by federal law. Persons so
transferred shall be considered members of the Army National Guard or Air National Guard, as appropriate,
irrespective of whether they have executed the oath prescribed by § 25.
(c) Organization of National Guard. -- The organization of the Army National Guard of Maryland and the
Air National Guard of Maryland, including the composition of all units thereof, shall be the same as that which is
or may hereafter be prescribed for the regular Army or regular Air Force respectively, subject in time of peace to
such general exceptions as may be authorized by the Secretary of the Army or the Secretary of the Air Force.
(d) Power of Governor when National Guard has been called into active military service. -- Whenever the
Army National Guard of Maryland and the Air National Guard of Maryland, or any part thereof, has been called or
ordered into active military service of the United States by the President, the Governor shall have the power to
increase the military force and to organize such units as the exigencies of the emergency in his judgment may
The Maryland Emergency Management Agency is an agency of the State government and is part of the
(a) The Adjutant General shall take out and thereafter maintain a policy or policies of insurance with the
Injured Workers' Insurance Fund or with any stock corporation or mutual association authorized to transact the
business of workers' compensation insurance in this State, to secure compensation under the Workers'
Compensation Act, to all officers and enlisted men of the organized militia of the State of Maryland. However, if
and so long as provision equal to or better than that given under the terms of this article is made by the federal
government for an officer or enlisted man or employee of the Military Department of Maryland injured in the
course of employment, such officer, enlisted man or employee is not entitled to the benefits of this section.
Should any benefits provided by the federal government be less than those provided by the Maryland Workers'
Compensation Act, the State and its insurer shall furnish the additional benefit in order to make up the
difference between the benefit provided by the federal government and the similar benefit required by the
Maryland Workers' Compensation Act. Such insurance shall cover only those incidents occurring after July 1,
1979 on State active duty. State active duty is defined as that period of time for which an employee is ordered
to active military duty in the organized militia of the State of Maryland by order of the Governor for service in time
of civil disorder, natural disaster, labor disorders, or activities requiring support of the State militia.
(b) In addition to State active duty benefits, the Adjutant General shall maintain workers' compensation
insurance for members of the Maryland State Guard during training.
(c) The Adjutant General shall pay the necessary premium or premiums for said policy or policies of
insurance out of appropriations for the militia to be included in the State budget by the Governor of the State.
Composition of inactive National Guard. The inactive National Guard shall consist of such officers and
enlisted men as are commissioned or enlisted therein or transferred thereto.
There shall be a retired list exclusively restricted to officers and enlisted men of the organized militia; such
retired list shall be divided into three (3) groups, the Maryland National Guard, retired; the Maryland Defense
Force, retired; and the Maryland Minute Men, retired. The Governor may, under such regulations as he shall
deem proper, provide for the retirement of officers and enlisted men. A retired officer or enlisted man may be
ordered to active duty by the Governor.
Officers -- Oath. Commissioned officers of the organized militia shall take and subscribe to the following
oath of office:
"I, ............, do solemnly swear that I will support and defend the Constitution of the United States and the
Constitution of the State of Maryland, against all enemies, foreign and domestic; that I will bear true faith and
allegiance to the same; that I will obey the orders of the President of the United States and of the Governor of
the State of Maryland; that I make this obligation freely, without any mental reservation or purpose of evasion,
and that I will well and faithfully discharge the duties of the office of ............... in the National Guard of the United
States and of the State of Maryland upon which I am about to enter, so help me God."
Same -- Appointment and commission. All officers shall be appointed and commissioned by the Governor
and shall not be recognized as such under any of the provisions of this article unless they shall have been
selected from the following classes and shall have taken and subscribed to the oath of office prescribed in 19 of
this article; officers or enlisted men of the National Guard; officers, active or retired, reserve officers, and former
officers of the Army, Navy or Marine Corps; enlisted men and former enlisted men of the Army, Navy or Marine
Corps who have received an honorable discharge therefrom; graduates of the United States Military and Naval
Academies; and graduates of schools, colleges, universities and officers' training camps, where they have
received military instruction under the supervision of an officer of the regular Army who certified their fitness for
appointment as commissioned officers; and for the technical branches or staff corps and departments, such
other civilians as may be specially qualified for duty therein. Provided that, before such appointment, officers
shall be recommended as follows: Commanding officers of units comprising a brigade by the brigade
commander; all other officers by the commanding officers of the respective units or chiefs of their respective
staff corps or department. A general officer and a colonel at the time of appointment must be an officer in the
National Guard of the State of a grade of field officer, or have been in active service in the Army, Navy or Marine
Corps or National Guard with a higher grade than captain. A lieutenant-colonel or major of the line at the time of
appointment must have had active service as an officer for two years in the Army, Navy or Marine Corps or
Officers shall take rank from the date of their commissions and in such manner as provided by the
regulations of the Defense Department; provided that this article shall not apply to any person hereafter
appointed an officer, unless he shall have successfully passed such tests as to his physical, moral and
professional fitness as the Governor shall prescribe. The examination to determine such qualifications for
commission shall be conducted by a board of three commissioned officers appointed by the Governor from the
regular Army or the National Guard or both.
A commissioned officer shall not be removed from office without his consent, except as provided in this
article or by regulations of the Defense Department; provided that at any time the moral character, capacity and
general fitness for the service of any commissioned officer may be determined by an efficiency board of three
commissioned officers, senior in rank to the officer whose fitness for service shall be under investigation, and if
the findings of such board be unfavorable to such officer and be approved by the official authorized to appoint
such a board, he shall be discharged. Commissions of officers may be vacated upon resignation, absence
without leave for three months, upon the recommendation of an efficiency board or pursuant to sentence of a
A commissioned officer tendering his resignation, if accepted by the Governor, shall receive an honorable
discharge, provided he shall not be under arrest or returned to a military court for any deficiency or delinquency;
and provided further, he be not indebted to the State in any manner, and that his accounts for money or for
public property be correct. If the Governor accept the resignation of an officer who at the time shall be under
arrest, under charges or returned to a military court for any offense, deficiency or delinquency, such officer shall
then cease to be an officer and shall receive a discharge in such form as the Governor shall direct; nor shall he
be again eligible to receive a commission unless he first reenlist and until he shall have performed at least 60
percent of duty in each year under such enlistment for two successive years.
Who may enlist. Any able-bodied male who is a citizen of the State, or has declared his intention to become
a citizen of the State, of good character and temperate habits, may be enlisted in the organized militia of this
State as provided in this article and the National Defense Act and regulations made in pursuance thereof.
It shall be unlawful for any person to misstate his age for the purpose of securing enlistment in the organized
militia of this State. It shall be unlawful for any person to enlist in two military organizations at the same time. Any
person violating provisions of this section shall be guilty of fraudulent enlistment.
Men enlisting in the organized militia shall take and subscribe to the following oath of enlistment:
"I do hereby acknowledge to have voluntarily enlisted this ....... day of .........., 19 ....., in the (National Guard)
(Maryland Defense Force) (Reserve Militia) of the State of Maryland for the period of ...... year(s), under the
conditions prescribed by law, unless sooner discharged by proper authority. I, ..........., do solemnly swear (or
affirm) that I will bear true faith and allegiance to the United States of America and to the State of Maryland; that I
will serve them honestly and faithfully against all their enemies whomsoever; and that I will obey the orders of the
President of the United States and the Governor of Maryland and the orders of the officers appointed over me,
according to law and regulations."
All officers of the organized militia of this State shall be empowered to administer oaths of enlistment.
Responsibility of organization commanders; responsibility of officers and enlisted men to commanding
officers; inspections. Organization commanders may cause those under their command to perform any military
duty, and shall be responsible to the Governor for the general efficiency of the units of the organized militia under
their commands. Commanding officers of units shall be responsible to their immediate commanders for the
equipment, drill, instruction, movements and efficiency of their respective commands. All officers and enlisted
men shall be responsible to their immediate commanding officers for prompt and unhesitating obedience,
proper drill and the preservation and proper use of the property of State and of the United States, or
organization, in their possession. Units of the organized militia will be inspected by officers detailed for that duty,
whenever in the judgment of the Governor it is deemed advisable and in addition inspections by officers of the
regular Army will be made as prescribed by the National Defense Act.
Drills, instruction, etc. Each company, troop, battery, detachment and unit in the organized militia shall
assemble for drill and instruction, including indoor target practice, not less than forty-eight times each year, and
shall, in addition thereto, participate in encampments, maneuvers or other exercises, including outdoor target
practice, at least fifteen days in training each year, unless such company, troop, battery, detachment and unit
shall have been excused from participation in any part thereof by the Governor; provided that credit for an
assembly for drill or for indoor target practice shall not be given unless the number of officers and enlisted men
present for duty at such assembly shall equal or exceed a minimum to be prescribed by the Governor, nor
unless the period of actual military duty and instruction participated in by each officer and enlisted man at each
such assembly at which he shall be credited as having been present shall be of at least one and one-half hours'
duration and the character of training such as may be prescribed by the Governor.
Warning for duty. Officers and enlisted men may be warned for duty as follows: Either by stating the
substance of the order or by reading the order to the person warned, or by leaving a copy of such order at the
last known place of abode or business, or by mailing to the post office nearest thereto. Such warning may be
given by an officer or noncommissioned officer. The officer or noncommissioned officer giving such notice or
warning shall, if required make a return thereof containing the name of the person warned and the time, place
and manner of warning, if required by the officer issuing the order; such return may be verified by his oath, which
may be administered by an officer. Such verified returns shall be good evidence on the trial of any person
returned as a delinquent, of the facts therein stated, as if such officer or noncommissioned officer had testified
to the same before a military court on such trial.
All arms, equipment and other property furnished to organizations of this State shall, when required by the
Adjutant General, or a commanding officer of any such organization be deposited in the armory of the said
organization, and failure to deposit as aforesaid any article of such property by the person to whom it was
issued, ten days after he shall have been notified, by written notice from the commanding officer, as aforesaid,
to return to the armory, shall be considered as a misdemeanor, and the person so offending shall be punished
by a fine not exceeding double the value of the property thus illegally detained, to be recovered on the complaint
of the Adjutant General or of the proper commanding officer as aforesaid, in the same manner as prescribed for
the collection of fines in this article, except that the money so recovered shall be paid to the Adjutant General, to
be by him applied to the militia fund; or by imprisonment in the county or city jail for not less than two weeks nor
more than two months.
Every officer and enlisted man to whom public property of the State or United States has been issued shall
be personally responsible to the State for such property, and no one shall be relieved from such responsibility
except it be shown to the satisfaction of the Governor that the loss or destruction of such property was
unavoidable and in no way the fault of the person responsible for the same; in all other cases the value of the
property lost or destroyed shall be charged against the person at fault or the organization to which it had been
issued; and such person or organization, if not relieved from such charge by the Governor, shall pay the value of
such property to the Adjutant General within ninety days after such loss or destruction. The value of the lost or
destroyed property and the persons or organizations to be charged therewith shall be determined by an
inspector appointed by the Adjutant General. In cases of disagreement, such value shall be fixed by the Adjutant
At any time upon the report and recommendation of the Adjutant General to the effect that an organization is
not up to the proper standard of numbers, efficiency or discipline required, the Governor may, in his discretion,
muster out of service such organization so reported inefficient, and thereupon the commissions of all the officers
of such company or separate organization shall be vacated; provided, no organization of the National Guard,
members of which shall be entitled to and have received compensation under the National Defense Act, shall be
disbanded without the consent of the President.
(a) The provisions of this section shall apply when the organized militia, or any part thereof, shall be
ordered out for active duty or training by the Governor, or by his authority; but shall not apply to the organized
militia or any part thereof, which has been ordered to duty incident to a call or order into the active military
service of the United States.
(b) Officers, warrant officers, and enlisted men shall receive the same per diem pay, including longevity
pay, subsistence and allowances, as officers, warrant officers and enlisted men of the regular Army of like grade
and length of service, but no such persons ordered to active duty other than for training shall be paid a per diem
of less than 12 times the hourly federal minimum wage in effect at the time of active duty.
(c) Each enlisted man who has served a full three-year term of enlistment and who reenlists within ninety
days after the expiration of his previous enlistment, shall receive an increase of 10 percent of his pay during this
enlistment, and for each three years of enlistment served thereafter an increase of 10 percent shall be granted;
not to exceed forty percent.
(d) Each enlisted man who qualifies as prescribed by the Governor, in small arms practice or as
proficient in the various duties of the branch or arm to which he belongs, shall be paid the following increase in
pay of his respective grade for a period of one year beginning on January first following such qualification:
experts, 20 percent; sharpshooters, gunners, drivers, and medical, first class, 15 percent; marksmen, gunners,
drivers, and medical, second class, 10 percent.
(e) Officers, warrant officers and enlisted men of the organized militia, who entered the military or naval
service of the United States in the Spanish-American, World War I, or subsequent wars or emergencies, shall
be entitled to credit for the time served in such federal status as if the service had been rendered in the
Officers and enlisted men of the organized militia ordered out for active duty or training by the Governor, or
by his authority, shall be protected in their civilian employments during the whole period or periods of the active
duty or training, as follows:
(1) In the case of any such person who, in order to perform such active duty or training, has left or
leaves a position (other than a temporary position) in the employ of any employer, including the State of
Maryland or any political subdivision thereof, and who applies or makes application for reemployment within
thirty days after being relieved from such duty or training:
(i) If still qualified to perform the duties of such position, shall be restored by the employer or his
successor in interest to such position, or to a position of like seniority, status, and pay; or
(ii) If not qualified to perform the duties of such position by reason of disability sustained during the
active duty or training, but if qualified to perform the duties of any other position in the employment of the
employer or his successor in interest to such other position, the duties of which he is qualified to perform, as will
provide him like seniority, status, and pay, or the nearest approximation thereof consistent with the
circumstances in each case, unless the employer's circumstances have so changed as to make it impossible or
unreasonable to do so.
(2) It is the sense and intent of the General Assembly that any person who is restored to a position in
accordance with the provisions of this section should be restored in such manner as to give him the status in his
employment that he would have enjoyed if he had continued in such employment continuously from the time of
his entering upon the active duty or training until the time of his restoration to the civilian employment.
(3) In case any private employer fails or refuses to comply with the provisions of this section, the circuit
court of the county wherein the private employer maintains a place of business, upon the filing of a motion,
petition, or other appropriate pleading by the person entitled to the benefits of this section, may require the
employer to comply with the provisions of this section and to compensate such person for any loss of wages or
benefits suffered by reason of the employer's unlawful action; provided that no fees or court costs shall be taxed
against any person who may apply for such benefits, and provided further that only the employer shall be
deemed a necessary party respondent to any such action.
Upon the recommendation of the Adjutant General, the Governor, in his discretion, may reduce the rates of
pay, including longevity pay and qualification pay, prescribed in § 32 of this article.
The separate organizations in the City of Baltimore known as the Veteran Corps of the Fifth Regiment,
Infantry, M.N.G., and Old Guard, M.N.G., respectively, shall be entitled to all rights and privileges conferred by
this article except that said organizations shall not be entitled to the privileges of retirement or to be placed on
reserve list nor to wear a uniform not distinctive from the active military forces of the State; nor to share any
appropriation made for the support of the militia other than for the payment of rent, light and heat, upon approval
of the Adjutant General, unless said organizations are called for service by the Governor in case of emergency
to aid the organized militia in quelling insurrection, invasion, riot or breach of peace; when so called upon the
members of said organizations shall first sign, execute and deliver through their commanding officers to the
officer commanding the units of the organized militia to whom ordered to report, a form of enlistment to be
prescribed by the Governor, for a term not to exceed ninety days at one time, and if the services of such
organizations shall not be required for the full term of their enlistment they shall be discharged by the Governor. If
called into the service of the State, the members of said organizations shall be equipped and paid by the State
and shall, in so far as applicable, be considered a part of the organized militia of the State.
Who may not form military organization; foreign military forces not to perform military duty in State without
permission of Governor. No body of men other than the units of the organized militia and the troops of the United
States, except such military organizations as are now in existence, shall associate themselves together as a
military company or organization or parade in public as a military company or organization without the
permission of the Governor.
No armed military force from another state, territory or district shall be permitted to enter the State for the
purpose of doing military duty therein, without the permission of the Governor; provided, that the provisions of
this section shall not apply to troops acting under the authority of the President.
The Governor may, upon the recommendation of their commanding officers, approved by the Adjutant
General, confer brevet commissions upon officers of the organized militia of a grade next higher than the regular
commission held by them. The Governor may also confer upon officers of the organized militia, brevet
commissions of a grade equal to the highest grade in which they previously served in the organized militia, or in
the Army of the United States. Brevet commissions shall carry with them only such privileges or rights as are
allowed in like cases in the military service of the United States.
Service medals, etc. To promote efficiency and as a reward for continuous service, the Governor shall have
the power, under regulations to be prescribed by him, to issue service medals of appropriate designs to officers
and enlisted men of the organized militia of the State, who shall complete five or more years of continuous
service. Appropriate ribbon badges may be issued by the State to represent any medal issued or authorized
and the wearing of such badge as a part of the uniform is authorized.
In order to reward those citizens of Maryland who volunteered in the Spanish-American War, or who served
in any subsequent war, or who served in the Korean conflict between June 25, 1950 and July 27, 1953, or the
Vietnam conflict, the Governor shall have power, under regulations to be prescribed by him, to issue medals of
appropriate designs, to officers and enlisted personnel who served in any of the various branches of the armed
forces of the United States.
In recognition of the services rendered by those citizens of Maryland who served in the various branches of
the armed forces of the United States in World War II, or who served in the Korean conflict between June 25,
1950 and July 27, 1953, or the Vietnam conflict, the Governor is hereby authorized and empowered, under such
rules and regulations as he shall determine and prescribe, to issue certificates of appropriate designs to the
officers and enlisted personnel who served in any of the various branches of the armed forces of the United
Assignment to divisions, brigades and other tactical units. For the purpose of maintaining appropriate
organization and to assist in instruction and training, the President may assign the National Guard of Maryland
to divisions, brigades and other tactical units, and may detail officers either from the National Guard or the
regular Army to command such units; provided, that when complete units are organized within this State, the
commanding officers thereof shall not be displaced under the provisions of this section.
Relief from duty in militia when in service of United States. Members of the organized militia, or any part
thereof, ordered into the active military service of the United States shall stand relieved from duty in the
organized militia so long as they shall remain in the active military service of the United States. Upon the
termination of any emergency for which members of the organized militia, or any part thereof, have been
ordered into the active military service of the United States, and upon being relieved from such active federal
service, all members shall continue to serve in the organized militia; officers, as if uninterrupted, and enlisted
men until the dates upon which their enlistments, entered into prior to their order to active federal service, would
have expired, if uninterrupted.
Leaves of absence of public employees. All officers and employees of the State, county or political
subdivisions thereof who shall be members of the organized militia or of the Army, Navy, Air or Marine Reserve
shall be entitled to leave of absence from their respective duties, without loss of pay, time or efficiency rating, on
all days during which they shall be engaged in field or coast defense or other training ordered or authorized
under the provisions of this article, or under any law of the United States, during such time as they are on
inactive duty training, for not to exceed fifteen days annually; provided, however, if any members of the
organized militia are ordered to active duty under authority of the Governor they shall be entitled to leave of
absence without loss of pay, time or efficiency rating for such time while actually serving under such active duty
orders in addition to the fifteen-day period specified above.
Courts-martial -- Kinds; punishment; fines and forfeitures; special and summary courts-martial.
Courts-martial in the organized militia shall be of three kinds, namely, general courts-martial, special
courts-martial and summary courts-martial. They shall be constituted like, and have cognizance of the same
subjects, and possess like powers, except as to punishments, as similar courts provided for by the laws and
regulations governing the Army of the United States, and the proceedings of courts-martial of the organized
militia shall follow the forms and modes of procedure prescribed for said similar courts; except in cases of
absence without leave in which cases the charge shall be referred to the summary court officer for trial without
previous reference to an investigating officer. The jurisdiction of said courts or boards established under the
provisions of this article shall be presumed and the burden of proof shall rest on any person seeking to oust
such courts or boards of jurisdiction in any action or proceedings.
General courts-martial of the organized militia not in the service of the United States may be convened by
orders of the Governor, and such courts shall have the power to impose fines not exceeding two hundred
dollars; to sentence to forfeiture of pay and allowances; to a reprimand; to dismissal or dishonorable discharge
from the service; to reduction of noncommissioned officers to the ranks; or any two or more of such punishments
may be combined in the sentences imposed by such courts.
In the organized militia, not in the service of the United States, the commanding officer of each garrison, fort,
post, camp or other place, brigade, regiment, detached battalion or other detached command, may appoint
special courts-martial for his command; but such special courts-martial may in any case be appointed by
superior authority when by the latter deemed desirable. Special courts-martial shall have power to try any
person subject to military law, except a commissioned officer, for any crime or offense made punishable by the
military laws of the United States, and such special courts-martial shall have the same powers of punishment as
do general courts-martial, except that fines imposed by such courts shall not exceed one hundred dollars.
In the organized militia, not in the service of the United States, the commanding officer of each garrison, fort,
post or other place, regiment or corps, detached battalion, company or other detachment, may appoint for such
place or command a summary court to consist of one officer, who shall have power to administer oaths and to
try the enlisted men of such place or command for breaches of discipline and violations of law governing such
organization; and said court when satisfied of the guilt of such soldier, may impose fines not exceeding
twenty-five dollars for any single offense; may sentence noncommissioned officers to reduction to the ranks;
may sentence to forfeiture of pay and allowances. The proceedings of such court shall be informal, and the
minutes thereof shall be the same as prescribed for summary courts of the Army of the United States.
All courts-martial of the organized militia, not in the service of the United States, including summary courts,
shall have power to sentence to confinement in lieu of fines authorized to be imposed; provided, that such
sentences of confinement shall not exceed one day for each dollar of fine authorized.
No sentence of dismissal from the service or dishonorable discharge, imposed by a court-martial, not in the
service of the United States, shall be executed until approved by the Governor.
In the organized militia, not in the service of the United States, the military judge whenever one sits on a
military court, and otherwise presidents of courts-martial and summary court officers shall have power to issue
warrants to arrest accused persons and to bring them before the court for trial whenever such persons shall
have disobeyed an order in writing from the convening authority to appear before such court, a copy of the
charge or charges having been delivered to the accused with such order, and to issue subpoenas and
subpoenas duces tecum, and to enforce by attachment attendance of witnesses and the production of books
and papers, and to sentence for a refusal to be sworn or to answer as provided in actions before civil courts.
The processes and sentences of any of the military courts of this State shall be executed by any sheriff,
deputy sheriff, police officer, or by any member of the organized militia appointed by said court into whose
hands the same may be placed for service or execution, and such officer shall make return thereof to the officer
issuing or imposing the same. Such service or execution of process or sentence shall be made by such officer
without tender or advancement of fee therefor, but all costs in such cases shall be paid from funds appropriated
to the military department. The actual necessary expenses of conveying a prisoner, when the same is authorized
and directed by the Adjutant General, shall be paid from funds appropriated to the military department upon a
warrant approved by the Adjutant General.
When any sentence to imprisonment shall be imposed by any military court of this State, it shall be the duty
of the military judge whenever one sits on such court, and otherwise the president of the court or summary court
officer, upon approval of the findings and sentence of such court by the officer appointing the court, to make out
and sign a certificate entitling the case, giving the name of the accused, the date and place of trial, the date of
approval of the sentence, the manner, place, and term of imprisonment, and deliver such certificate to the sheriff
of the county wherein the sentence is to be executed. It shall thereupon be the duty of such sheriff to carry out
execution of such sentence in the manner prescribed by law for commitments to service of terms of
imprisonment in criminal cases determined in the courts of this State.
Same -- Collection of fines. Upon the finding of any such court-martial imposing any of said fines, and upon
the approval of the findings by the officer appointing the court, the fine or fines so imposed shall be and become
at once payable, and in case any officer or enlisted man, upon whom a fine has been imposed in accordance
with the provisions of this section, shall fail, refuse or neglect to pay the fine so imposed upon him within ten
days after he shall have been notified thereof, the said fine may be collected in the name of the State in the
District Court sitting in the county or city where the delinquent resides, in the same manner as other fines or
offenses against the general police regulations of the State are collected, upon the certificate in writing of the
proper commanding officer, setting forth the findings of the court-martial and his approval thereof, upon the
production of the said certificate before the court, and upon the arrest and production of the offender before the
court, the court shall forthwith adjudge and require the fines so certified as having been imposed and approved,
together with all the costs of the proceedings before him, to be paid, and in default of payments of said fines
and costs as aforesaid, the court may commit the delinquent to the jail of the city or county where the said
delinquent resides, pursuant to Article 38, § 4, Annotated Code of Maryland. A fine imposed on appeal from the
judgment of the District Court shall be paid to the finance officer of the organization of which the offender was a
member, to be applied by him to the military funds of the organization.
A member of a military court or officer or person acting under its authority, or reviewing its proceedings on
account of the approval or imposition or execution of any sentence, or the imposition or collection of a fine or
penalty, or the execution of any warrant, writ, execution, process or mandate of a military court shall have the
immunity from liability described under § 5-513 of the Courts and Judicial Proceedings Article.
Same -- Members subject to laws and regulations; offenses for which they may be tried. The force organized
as prescribed in this article shall be considered in the actual service of the State, and the members thereof shall
be subject to all military laws, orders and regulations prescribed for the government thereof, and all military
offenses shall be considered, and they are hereby declared to be offenses against the general police
regulations of the State, and shall be punishable by fine or imprisonment as provided in this article.
(a) Commissioned officers. -- Except when on duty in time of war, insurrection, invasion, public danger or
to aid the civil authorities on account of any breach of the peace, tumult, riot, resistance to power of the State or
imminent danger thereof, and also in all cases not otherwise covered, commissioned officers may be tried by
court-martial for the following offenses:
(1) Nonattendance without excuse at any drill, parade, encampment, meeting for instruction or other duty
ordered by competent authority.
(2) Unmilitary or unofficer-like conduct.
(3) Drunkenness on duty.
(4) Neglect of duty.
(5) Disobedience of orders or any act contrary to the provisions of the militia law of the State or to the
orders and regulations prescribed for the government of the militia.
(6) Refusing to grant a discharge to an enlisted man when entitled to same.
(7) Oppression or injury of any under his command.
(8) Conspiracy or attempt to break, resist or evade the laws or lawful orders given to a person or advising
any person to do so.
(9) Insult or disrespect to a superior officer in the line of military duty.
(10) Presuming to exercise his command while under arrest or suspension.
(11) Neglect or refusal when commanding officer to order out the troops under his command when
required by law or lawfully ordered by his superior officer.
(12) Neglect or refusal to make a draft or detachment when lawfully ordered to do so.
(13) Receiving any fee or gratuity for any certificate.
(14) Neglect when detailed to drill or instruct a command to make complaint for neglect or violation of
duty, as provided by law, or for any other neglect for which a commanding officer would be liable.
(15) Refusal or neglect to obey a precept or order to call out the National Guard or militia or an order
issued in obedience thereto, or for advising any officer or soldier to do the like.
(16) Making a false certificate account or muster; or parade return.
(17) Conduct unbecoming an officer and gentleman, or for conduct prejudicial to good order and military
(b) Enlisted men. -- Enlisted men may be tried by court-martial for the following offenses:
(1) Disobedience of orders.
(2) Disrespect to superior.
(5) Neglect of duty.
(6) Drunkenness on duty.
(7) Conduct prejudicial to good order and military discipline.
(8) Any act contrary to the militia law of the State or to orders and regulations issued for the government of
(9) Absence without proper excuse from or tardiness without like excuse in attending any drill, parade,
encampment, meeting or instruction, or other duty ordered by competent authority.
(10) Neglecting to take proper care of any arms, uniforms, equipment or military property, or wilfully
injuring or destroying any arms, uniforms, equipment or military property whatever.
(11) Fraudulent enlistment.
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Penalties. Any officer of the organized militia, on conviction of any of the offenses mentioned in § 47 may be
sentenced to be dismissed from the service, fined to an amount not exceeding $200.00, or reprimanded, or to
all or either of such fines and penalties. Any enlisted man of the organized militia, on conviction of any of the
offenses mentioned in § 47 may be sentenced to be dishonorably discharged, reprimanded, and if a
noncommissioned officer, reduced to the ranks, or fined to an amount not exceeding $100.00, or to all or either
of such fines and penalties. No excuse shall be valid for any absence from assemblies except bona fide
absence from the city or place where such assemblies are ordered, illness of member (such as would prevent
attention to ordinary pursuits), or sickness in family requiring his personal care and presence; provided,
however, that the court may, in its discretion, excuse his absence for any other reason satisfactory to it. No
excuse will be valid for absence from annual inspection except illness of member such as would prevent his
attendance, or illness in family requiring his personal care and presence.
Service of summons to appear before a court-martial shall be made by delivery to and leaving with each
delinquent a copy thereof, or by reading it to him, or by leaving a copy of his last known place of abode or
business, or by mailing to him a copy directed to his last known place of abode or business. The officer or
enlisted man serving such summons shall, if required, make a return thereof containing the time, place and
manner of such service, which may be verified by oath before any commissioned officer. Such verified return
shall be as good evidence on the trial of such person so summoned of the facts therein stated, as if such officer
or enlisted man had testified to be same before the court-martial.
Any person who shall secrete, sell, dispose of, offer for sale, purchase, retain after demand by a
commissioned officer of the organized militia, or in any manner pawn or pledge any arms, uniforms, equipment
or other military property issued under the provisions of this article, and any person who shall wear any uniform
or device, strap, knot or insignia of any design or character used as a designation of grade, rank or office, such
as are by law or general regulations duly promulgated and prescribed for the use of the organized militia or
similar thereto, except members of the Army or Navy of the United States and the organized militia of this or any
other states, officers of the independent military organizations as designated in this article, members of
associations wholly composed of soldiers honorably discharged from the service of the United States, and
members of the Confederate Veterans or like societies, shall be guilty of a misdemeanor, and upon conviction
thereof in the District Court sitting in the city or county wherein such offense was committed shall be fined not
less than twenty nor more than fifty dollars for each and every offense, and in default of the payment of the fine
and costs, may be committed to the jail of the county or city, as the case may be, pursuant to the provisions of
Article 38, § 4, Annotated Code of Maryland. A fine imposed on appeal from the judgment of the District Court
shall be paid to the Adjutant General, who shall apply the same to the use of the organized militia.
Any person who shall wilfully and unlawfully misapply or convert to his own use any money or other property
belonging to said organized militia, or any organization thereof, or who shall, when lawfully called upon to do so
by the proper officer, fail or refuse to pay or deliver to said officer any money or property in his possession, or
for which the said person was chargeable or accountable, shall be guilty of a misdemeanor, and upon conviction
thereof in the District Court sitting in the city or county wherein such offense was committed, or the circuit court
of the county wherein such offense was committed, should the accused party prefer a jury trial, shall be fined a
sum not exceeding five hundred dollars, or sentenced to imprisonment in jail for a period not exceeding one
year, or he shall be both fined and imprisoned, in the discretion of the court.
Immunity from arrest; refusal of admission to places of amusement or recreation. No person belonging to the
organized militia, shall be arrested on any process except such as may be issued by military authority, while
going to, remaining at, or returning from any place at which he may be required to attend for military duty.
It shall be unlawful for the owner, or the owner's agent, whatever may be the latter's designation, of any place
of amusement or of recreation, otherwise opened to the general public, admission to which is free or otherwise,
to refuse admission to or exclude from the said place of amusement or of recreation, any officer or enlisted men
of the United States Army, Navy, Marine Corps, Revenue Cutter Service, the organized militia of this State or of
any state, territory and of the District of Columbia, by reason of such officer or enlisted man being in uniform,
and any such owner, or agent aforesaid, who, upon conviction before a court of criminal jurisdiction, shall be
found guilty of a violation of the provision of this section shall be deemed and he is hereby declared to be guilty
of a misdemeanor, and shall be fined a sum not exceeding five hundred dollars, or imprisoned for not more than
six months, or both in the discretion of the court.
Not liable civilly or criminally for acts done in discharge of duty. Members of the organized militia ordered
into the active service of the State by proper authority shall not be liable civilly or criminally for any act or acts
done by them while in the discharge of their duty. When a suit or proceeding shall be commenced in any court
by any person against any officer of the organized militia for any act done by such officer in his official capacity
in the discharge of any duty under this article, or against any person acting under the authority or order of any
such officer, or by virtue of any warrant issued by him pursuant to the law, the court shall require the person
prosecuting or instituting the suit or proceeding to file security for the payment of costs that may be awarded to
the defendant therein, and the defendant in all cases may make a general denial and give the special matter in
evidence. In case the plaintiff shall be nonsuited, or have a verdict or judgment rendered against him, the
defendant shall recover treble costs.
Every regiment or separate organization of the organized militia of this State may receive and have as many
honorary members as it has active and uniformed members, on payment in advance by each person desiring to
become such honorary member, of not less than ten dollars per annum, which money shall be received by the
commanding officer of the regiment or separate organization, and be by him applied to a special fund of such
organization and expended by the commanding officer for the best interests of his organization, and the
commanding officer of every regiment and separate organization, shall, on or before the first day of June and
December in each and every year, render to the Adjutant General an account of the money so received and
expended by him, and every such honorary member shall be entitled to receive a certificate of honorary
membership of the said regiment or separate organization, to be signed by the commanding officer thereof, or
some officer designated by him for that purpose, and bearing the date of its issue.
Free passage over toll gates, roads, etc., enroute to and from duty. Any member of the organized militia of
this State, going to and returning from any parade, encampment, drill or other meeting which he may be
required by law to attend, shall, together with his conveyance and military property, be allowed to pass through
all toll gates, and over all toll roads, bridges and ferries, free of charge, if he presents an order for duty or
certificate of membership.
Arrest of persons trespassing on camp grounds, armories, etc. The commanding officer upon any occasion
of duty, may place in arrest during the continuance thereof, any persons who shall trespass upon any camp
ground, parade ground, armory or other place devoted to such duty, or who shall in any way or manner interrupt
or molest the orderly discharge of duty by those under arms, or who shall disturb or prevent the passage of
troops going to or returning from any duty; he may prohibit and prevent the sale or use of all spirituous liquors,
wines, ale or beer, the holding of huckster or auction sales and all gambling within the limits of the post, camp
ground, place of encampment, parade or drill, under his command.
Whenever the words "National Guard," "militia," "organized militia," or "military forces" appear in this article
they shall be construed to cover the naval militia or naval forces of this State, wherever applicable and wherever
the words "Army regulations," "Secretary of the Army", or similar words appear they shall be construed to read
"Navy regulations," "Secretary of Navy," etc., in all matters pertaining to the naval forces of the State.
Full-dress uniforms. Regiments, battalions, and separate organizations may, with the consent of the
Governor, adopt a full-dress uniform of their own and at their own expense.
Acquisition of certain properties in Harford County prohibited. From and after June 1, 1952, the State of
Maryland and/or the Maryland National Guard shall not acquire for military purposes of any nature, by purchase
or condemnation, or by any other form of conveyance except gift, any legal or equitable interest in, or any right,
title or interest to any part or all of the properties described general hereinbelow:
(1) The so-called James Farm or Old Bay Farm in Harford County, Maryland, consisting of approximately
275 acres, more or less, said farm lying adjacent to and in a southwesterly direction from the property formerly
known as the Havre de Grace racetrack, and being the property described among the land records of Harford
County, Liber S.W.C. No. 242, folio 453.
(2) The so-called Levering Farm in Harford County, consisting of approximately 550 acres more or less,
said farm lying adjacent to and in a southwesterly direction from the James or Old Bay Farm described herein,
and being the property conveyed to H. John Kenney by deed dated October 29, 1951 and recorded among the
land records of Harford County in Liber G.R.G. No. 364, folio 4.
Amendment or repeal must be by specified reference. No section or provision of this article, or any part
thereof, shall be deemed to be repealed, altered or amended by any statute passed by the legislature, unless
such statute explicitly refers to this article as the militia law, or by its other titles, as part of the general laws of the
State, and explicitly repeals, alters or amends the same or some part thereof.
Acquisition of property for Air National Guard. The Military Department is authorized and empowered to
acquire by purchase or condemnation certain real properties lying in Baltimore County adjacent to the Glenn L.
Martin plant, which properties are needed for the safe operation of the fighter squadron of the Air National
Guard of the State of Maryland.
Sale of superfluous armories. The Military Department, with the prior approval of the Board of Public Works,
may sell from time to time the armories that are superfluous to its requirements. The county or municipal
corporation in which any such armory is located shall have first right of refusal to purchase the armory. The
proceeds of the sale shall be placed in the Annuity Bond Fund. If the county or municipal corporation declines to
purchase the property, it shall be sold at public sale for the highest cash price obtainable and the proceeds shall
be placed in the Annuity Bond Fund.
The Governor is hereby authorized to organize and maintain within this State such military forces as the
Governor may deem necessary; and the Governor is authorized to reduce the number of or disband such forces
at any time he deems proper. Such forces shall be composed of officers, commissioned or assigned, and such
able-bodied citizens of the State, and able-bodied persons of foreign birth who have declared their intentions to
become citizens, resident in the State, as shall volunteer for service therein. Such forces shall be additional to
and distinct from the National Guard, and shall be known as the "Maryland Defense Force." Such forces shall be
uniformed as the Governor may prescribe.
Organization; rules and regulations. The Governor is hereby authorized to prescribe rules and regulations not
inconsistent with the provisions of this subtitle governing the enlistment, organization, administration, equipment,
maintenance, training and discipline of such forces; provided, however, such rules and regulations, insofar as he
deems practicable and desirable, shall conform to existing law governing and pertaining to the National Guard
and the rules and regulations promulgated thereunder, and shall prohibit the acceptance of gifts, donations,
gratuities or anything of value by such forces or by any member of such forces from any individual, firm,
association, or corporation by reason of such membership.
When members of the Maryland Defense Force are ordered to active duty by the Governor, or by his
authority, they shall receive the pay specified in § 32 of this article for officers and enlisted men of the organized
Requisitions; armories; other buildings. For the use of such forces, the Governor is hereby authorized to
requisition from the Secretary of War (Secretary of the Army) such arms and equipment as may be in
possession of and can be spared by the War Department (Department of the Army); and to make available to
such forces the facilities of State armories and their equipment and such other State premises and property as
may be available. All school authorities are hereby authorized to permit the use of school buildings and school
grounds by such forces.
Use without this State. Such forces shall not be required to serve outside the boundaries of this State
(a) Upon the request of the governor of another state, the Governor of this State may, in his discretion,
order any portion or all of such forces to assist the military or police forces of such other state who are actually
engaged in defending such other state. Such forces may be recalled by the Governor at his discretion.
(b) Any organization, unit or detachment of such forces, upon order of the officer in immediate command
thereof, may continue in fresh pursuit of insurrectionists, saboteurs, enemies or enemy forces beyond the
borders of this State into another state until they are apprehended or captured by such organization, unit or
detachment or until the military or police forces of the other state or the forces of the United States have had a
reasonable opportunity to take up the pursuit or to apprehend or capture such persons; provided, however, that
such pursuit is not authorized unless such other state shall have given authority by law for such pursuit by such
forces of this State. Any such persons who shall be apprehended or captured in such other state by an
organization, unit or detachment of the forces of this State shall without unnecessary delay be surrendered to the
military or police forces of the state in which they are taken or to the United States. The surrender of
insurrectionists or saboteurs to the military or police forces of such other state shall not constitute a waiver by
this State of its right to extradite or prosecute such insurrectionists or saboteurs for any crime committed in this
Pursuit by forces of other states. Any military forces or organization, unit or detachment thereof, of another
state who are in fresh pursuit of insurrectionists, saboteurs, enemies or enemy forces may continue such pursuit
into this State until the military or police forces of this State or the forces of the United States have had a
reasonable opportunity to take up the pursuit or to apprehend or capture such insurrectionists, saboteurs,
enemies or enemy forces and are hereby authorized to arrest or capture such persons within this State while in
fresh pursuit. Any such persons who shall be captured or arrested by the military forces of such other state while
in this State shall without unnecessary delay be surrendered to the military or police forces of this State or to the
United States to be dealt with according to law. This section shall not be construed so as to make unlawful any
arrest in this State which would otherwise be lawful, and nothing contained in this section shall be deemed to
repeal any of the provisions of the Uniform Act on the Fresh Pursuit of Criminals.
Federal service. Nothing in this subtitle shall be construed as authorizing such forces, or any part thereof to
be called, ordered or in any manner drafted, as such, into the military service of the United States, but no person
shall by reason of his enlistment or commission in any such forces be exempted from military service under any
law of the United States.
Civil groups. No civil organization, society, club, post, order, fraternity, association, brotherhood, body, union,
league, or other combination of persons or civil groups shall be enlisted in such forces as an organization or
Disqualifications. No person shall be commissioned or enlisted in such forces who is not a citizen of the
United States or has been expelled or dishonorably discharged from any military or naval organization of this
State, or of another state, or of the United States.
The oath to be taken by officers commissioned in such forces shall be substantially in the form prescribed for
officers of the organized militia, substituting the words "Maryland Defense Force" where necessary.
Enlistment in the Maryland Defense Force shall be for 2 years and may be renewed, provided, however, that
in the event the National Guard is called into active federal service, all enlistments shall continue until such time
as the National Guard has been released from active federal service and six months thereafter unless sooner
discharged by proper authority. The oath to be taken upon enlistment in such forces shall be substantially in the
form prescribed for enlisted persons of the organized militia, substituting the words "Maryland Defense Force"
Resignation or discharge. The Governor is authorized to accept the resignation of any officer or to grant a
discharge to any enlisted man at any time in his discretion.
(a) The provisions of § 47 of this article shall apply to, control and govern the members of the Maryland
(b) No officer or enlisted man of such forces shall be arrested on any warrant, except for treason or felony,
while going to, remaining at, or returning from a place where he is ordered to attend for military duty.
Severability. If any provision of this subtitle or the application thereof to any person or circumstances is held
invalid, such invalidity shall not affect other provisions or applications of the subtitle which can be given effect
without the invalid provision or application, and to this end the provisions of this subtitle are declared to be
severable. If any clause, sentence, paragraph, or section of this subtitle shall, for any reason, be adjudged by
any court of competent jurisdiction to be unconstitutional and invalid, such judgment shall not affect, impair or
invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, or
section thereof so found unconstitutional and invalid.
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Maryland Defense Force
Pikesville Military Reservation
610 Reisterstown Road
Pikesville, MD 21208-5197
Voice: (410) 653-6792
Fax: (410) 653-6793
Last updated: Monday, February 26, 2001
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