There is established in the State a Maryland Defense Force within the Military Department. The Governor is the commander–in–chief of the Maryland Defense Force. The Maryland Defense Force is under the operational control of the Adjutant General. There is a commanding general of the Maryland Defense Force who is appointed by the Adjutant General and serves as such at the pleasure of the Adjutant General. The Maryland Defense Force is a component of the organized militia of the State in addition to and separate from the National Guard. The Maryland Defense Force shall have the primary mission of providing competent and supplemental professional, technical, and military support to the Maryland Army National Guard, the Maryland Air National Guard, and the Maryland Department of Emergency Management. The Maryland Defense Force shall also have other duties and missions as it may be assigned from time to time by competent authority.

The Governor may adopt regulations to carry out this subtitle governing the enlistment, organization, administration, equipment, maintenance, training, and discipline of the Maryland Defense Force. The Governor may prescribe a uniform for the Maryland Defense Force. As is practicable and desirable, regulations adopted under this section shall conform to applicable law and regulations that govern the National Guard, except those laws and regulations that apply to the National Guard when acting solely under Title 10 of the United States Code. The regulations shall prohibit the Maryland Defense Force or a member of the Maryland Defense Force from accepting gifts, donations, gratuities, or anything of value from a person in exchange for specific and isolated services rendered by the Maryland Defense Force. This provision may not be interpreted otherwise to prohibit gifts, bequests, and the like from any individual or organization to the Maryland Defense Force or any foundation or the like established to support its activities.

The Maryland Defense Force consists of: commissioned or assigned officers; and qualified individuals who volunteer to serve and are commissioned, appointed, or enlisted in the Maryland Defense Force. An individual may not be commissioned or enlisted in the Maryland Defense Force if the individual: is not a citizen of the United States; has been dismissed from or received a bad conduct discharge or a dishonorable discharge, or any discharge other than under honorable conditions, from a military or naval organization of this State or of another state, or from any of the uniformed services or its auxiliaries, or has been convicted of an offense under the laws of the United States or of any state punishable by imprisonment for more than 1 year, no matter what punishment was actually imposed; or does not meet the qualifications for commissioning, appointment, or enlistment specified in regulations governing the Maryland Defense Force. A civil organization, society, club, post, order, fraternity, association, brotherhood, body, union, league, or other combination of persons or civil groups may not enlist in the Maryland Defense Force as an organization or unit. All members of the Maryland Defense Force serve on a voluntary basis and without pay, unless under orders, approved by the Adjutant General, specifying that their service is with pay. If an order approved by the Adjutant General specifies that the service of a member of the Maryland Defense Force is with pay, the member may be compensated in accordance with § 13–406 of this title.

An officer or warrant officer commissioned or appointed in the Maryland Defense Force shall take the oath prescribed in § 13–509 of this subtitle. An individual who enlists in the Maryland Defense Force shall take an oath substantially in the form required for enlisted personnel of the National Guard, substituting “Maryland Defense Force” where necessary in the oath. Except as provided in paragraph (2) of this subsection, the enlistment period in the Maryland Defense Force is determined by the commanding officer based on the specialty of the recruit and the needs of the militia and may be renewed. In the case that a state of war exists between the United States and any other nation, or that there is a federal or State declaration of emergency presently in force in the State, all enlistments shall continue until 3 months after said state of war or emergency ends, unless the enlisted individual is discharged sooner by proper authority. The Governor may accept the resignation of an officer or grant a discharge to an enlisted individual at any time.

The Governor may requisition any arms and equipment from the Secretary of the Army that are in the possession of and can be spared by the Department of the Army for use by the Maryland Defense Force. The Governor may allow the Maryland Defense Force to use the facilities and equipment of a State armory or other available State premises and property. A school authority may allow the Maryland Defense Force to use a school building or school grounds.

Except as provided in subsections (b) and (c) of this section, the Maryland Defense Force may not be required to serve outside the State. This section does not apply to any instance in which the Maryland Defense Force as part of the organized militia of the State is ordered into service of the United States by the President pursuant to the Constitution and laws of the United States. On request of the governor of another state, the Governor of this State may order the Maryland Defense Force to serve outside the State to assist the military or other public safety forces of the requesting state. The Governor of this State may recall the Maryland Defense Force from the other state. If fresh pursuit is authorized by law of another state, any organization, unit, or detachment of the Maryland Defense Force, on the order of the commanding officer of the organization, unit, or detachment, may continue in fresh pursuit of insurrectionists, saboteurs, or enemies outside of this State into the other state until: the insurrectionists, saboteurs, or enemies are apprehended; or the military or law enforcement forces of the other state or forces of the United States have had a reasonable opportunity to pursue or apprehend the insurrectionists, saboteurs, or enemies. An organization, unit, or detachment of the Maryland Defense Force shall surrender without unnecessary delay an individual apprehended in another state to the military or law enforcement force of: the state of apprehension; or the United States. The surrender of an individual apprehended under paragraph (1) of this subsection to the military or law enforcement forces of another state is not a waiver by this State of the right to extradite or prosecute the individual for a crime committed in this State.

A military force or an organization, unit, or detachment of a military force of another state that is in fresh pursuit of insurrectionists, saboteurs, or enemies may: continue pursuit into this State until the military or law enforcement force of this State or the forces of the United States have had a reasonable opportunity to pursue or apprehend the insurrectionists, saboteurs, or enemies; and arrest an insurrectionist, saboteur, or enemy apprehended in this State while in fresh pursuit. A military force of another state that arrests an individual in this State shall surrender without unnecessary delay the individual to the military or law enforcement force of this State or the United States to be dealt with according to law. This section does not make unlawful an arrest in this State that would otherwise be lawful. This section does not repeal any provision of the Uniform Act on Fresh Pursuit under Title 2, Subtitle 3, Part II of the Criminal Procedure Article.

This title does not authorize the Maryland Defense Force to be ordered or drafted into the military service of the United States, except by order of the President of the United States acting pursuant to the Constitution and laws of the United States. This provision may not be construed to prohibit service of the Maryland Defense Force or personnel thereof in missions in which federal military personnel are also serving or in command. An individual is not exempt from military service under the laws of the United States because the individual is enlisted, commissioned, or appointed in the Maryland Defense Force.

A commissioned officer of the Maryland Defense Force shall take 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 take 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 Maryland Defense Force upon which I am about to enter, so help me God.”

The Governor shall appoint and commission each commissioned officer or appoint each warrant officer of the organized militia on recommendation of the Adjutant General. The appointments under paragraph (1) of this subsection do not require confirmation by the Senate of Maryland. Each individual commissioned or appointed as an officer or warrant officer must be: an officer, warrant officer, or enlisted individual of the National Guard; a retired or former officer or warrant officer of the uniformed services or any auxiliary thereof; an individual with prior enlisted service in the uniformed services or a reserve component; a graduate of the United States Military Academy, Naval Academy, Coast Guard Academy, Merchant Marine Academy, Air Force Academy, or Uniformed Services University; a graduate of a school, college, university, or officers’ training school who received instruction under the supervision of an officer of the uniformed services who certified the graduate’s fitness for appointment as a commissioned officer; or an individual not otherwise identified in items (i) through (v) of this paragraph who is specially qualified for service by achievement in any professional, technical, or public service capacity or otherwise displays extraordinary qualifications for commissioning as an officer of the Maryland Defense Force. Except for a commission, an appointment, or a promotion awarded under subsection (f) of this section, before taking office, each member of the National Guard shall take the oath prescribed in § 13–407 of this title and each member of the Maryland Defense Force shall take the oath prescribed in § 13–509 of this subtitle. When initially appointed, a general officer or colonel of the organized militia must: be an officer in the National Guard of a grade of O–4 or higher; or have served in the uniformed services or a reserve component with the grade of O–4 or higher. When initially appointed, a lieutenant–colonel or major of the line must have had service as an officer for at least 2 years in the uniformed services or a reserve component. Subsections (c) and (d) of this section do not apply in the case of: officers promoted to the grade of major or above from within the Maryland Defense Force; or officers qualified under subsection (b)(1)(vi) of this section. The Governor may award a commission, an appointment, or a promotion under this section posthumously.