Title 13. Militia — Subtitle 7. Active Duty or Training
Statutes in effect as of October 1, 2026.
Md. Code Ann., Pub. Safety § 13-701 (2026)
Title 13. Militia
Subtitle 7. Active Duty or Training
§ 13–701LinkCopy Citation
(a)
(1)
If the militia of the State is ordered under the Constitution and laws of the United States into the active military service of the United States, the Governor may order out for active duty the organized militia.
(2)
If the number of organized militia available is insufficient, the Governor may order out the unorganized militia.
(b)
Each member of the unorganized militia who volunteers or is ordered out is subject to court-martial under this title for failure to appear at the time and place designated by the member’s commanding officer.
Md. Code Ann., Pub. Safety § 13-702 (2026)
Title 13. Militia
Subtitle 7. Active Duty or Training
§ 13–702LinkCopy Citation
(a)
This section applies to all units of the Department, including the National Guard, the Maryland Defense Force, and State Operations.
(b)
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;
(2)
when martial law is declared;
(3)
to enforce the laws; or
(4)
to carry on any function of the militia of the State.
(c)
(1)
To enforce the laws, a member of the militia in State active duty has all the authority of a peace or law enforcement officer.
(2)
The authority of the member extends throughout the State during the State active duty.
(d)
During State active duty, members of the Department are under the operational command and control of the Adjutant General, or any officer of the National Guard designated by the Adjutant General, whether the Adjutant General or designee is:
(1)
in State active duty; or
(2)
in a federal status in which the Governor is the Commander in Chief.
(e)
Whenever the militia is in State active duty, the ranking officer of the militia ordered into State active duty or that officer’s subordinates on State active duty shall:
(1)
cooperate with local law enforcement authorities; or
(2)
if the exigencies of the case require and subject only to order from the Governor:
(i)
direct and control local law enforcement authorities and the Department of State Police; and
(ii)
assume all the powers vested in these subordinated law enforcement authorities.
Md. Code Ann., Pub. Safety § 13-703 (2026)
Title 13. Militia
Subtitle 7. Active Duty or Training
§ 13–703LinkCopy Citation
(a)
An officer, warrant officer, or noncommissioned officer may warn officers and enlisted individuals for duty by:
(1)
stating the substance of the order or reading the order to the individual warned;
(2)
leaving a copy of the order at the last known place of residence or business of the individual;
(3)
mailing a copy of the order to the last known residence or business address of the individual; or
(4)
sending the substance of the order via electronic communication, including telephone, cellular phone, facsimile, or electronic mail.
(b)
(1)
If required by the officer issuing the order, the officer or noncommissioned officer giving warning shall make a return of warning containing the name of the individual warned and the time, place, and manner of warning.
(2)
A return of warning:
(i)
may be verified by the officer or noncommissioned officer’s oath, which may be administered by an officer; and
(ii)
if verified, at the trial of an individual returned as a delinquent is evidence of the facts stated in the return and is to be considered as if the officer or noncommissioned officer had testified to those facts before a court–martial at trial.
Md. Code Ann., Pub. Safety § 13-704 (2026)
Title 13. Militia
Subtitle 7. Active Duty or Training
§ 13–704LinkCopy Citation
(a)
The rights granted to members of the National Guard by this section and § 13–704.1 of this subtitle shall be in addition to the rights granted to them by federal law, including the Servicemembers Civil Relief Act and the Uniformed Services Employment and Reemployment Rights Act.
(b)
(1)
The following provisions of federal law shall be adopted as State law and applied to members of the National Guard as described therein.
(2)
The Servicemembers Civil Relief Act applies only when members of the National Guard are ordered to military duty under this title or Title 10 or Title 32 of the United States Code for a period of 14 consecutive days or longer.
(3)
The Uniformed Services Employment and Reemployment Rights Act applies to the following individuals when ordered to military duty for any period of time:
(i)
members of the National Guard when ordered to military duty under this title or Title 10 or Title 32 of the United States Code, whether or not the member is a resident of or employed in this State; and
(ii)
residents of this State who are members of the National Guard in another state or the District of Columbia, when ordered to military duty by the chief executive officer of that jurisdiction or under Title 10 or Title 32 of the United States Code.
(c)
(1)
A member of the National Guard whose employment and reemployment rights under this section have been violated may bring a civil action for economic damages, including lost wages and benefits.
(2)
If the court determines that a member of the National Guard is entitled to judgment in an action filed under this subsection, the court may award the member:
(i)
any damages to which the member may be entitled under subsection (a) of this section;
(ii)
reasonable counsel fees and other costs; and
(iii)
any other appropriate relief.
Md. Code Ann., Pub. Safety § 13-704.1 (2026)
Title 13. Militia
Subtitle 7. Active Duty or Training
§ 13–704.1LinkCopy Citation
(a)
(1)
In this section the following words have the meanings indicated.
(2)
“Eligible service member” means an individual engaged in military service.
(3)
“Eligible spouse” means the spouse of an eligible service member.
(4)
“Military service” means:
(i)
in the case of an individual who is a member or reserve member of the armed forces, full–time duty in the active military service, including:
(1)
full–time training duty;
(2)
annual training duty; and
(3)
attendance while at a school designated as a service school by federal law or by the secretary of the military department concerned;
(ii)
in the case of a resident of the State who is a member of a reserve component of the uniformed services, service under a call to:
(1)
active service authorized by the President of the United States, the Secretary of Defense, or the Secretary of Health and Human Services for a period of more than 30 days in response to a national emergency declared by the President of the United States; or
(2)
active duty for a period of more than 30 consecutive days;
(iii)
in the case of an individual who is a commissioned officer of the Public Health Service or the National Oceanic and Atmospheric Administration, active service; or
(iv)
any period during which an individual is absent from duty on account of sickness, wounds, leave, or other lawful cause.
(b)
This section is intended to supplement rights and protections provided in the federal Servicemembers Civil Relief Act.
(c)
(1)
In addition to the rights and protections regarding consumer transactions, contracts, and service providers included in the federal Servicemembers Civil Relief Act, an eligible service member or eligible spouse may terminate a contract described in paragraph (2) of this subsection at any time after the date the eligible service member receives official orders to relocate for a period of military service of at least 90 days to a location where the eligible service member would be unable to use the services under the contract.
(2)
This section applies to a contract to provide any of the following:
(i)
telecommunication services;
(ii)
Internet services;
(iii)
television services;
(iv)
athletic club or gym memberships; and
(v)
satellite radio services.
(3)
(i)
An eligible service member or eligible spouse may terminate a contract under this section by delivering a written or electronic notice of the termination and a copy of the eligible service member’s official orders to the service provider.
(ii)
If an eligible service member or eligible spouse terminates a contract, the service provider shall provide the eligible service member or eligible spouse with a written or electronic notice of the eligible service member’s rights posted on the Maryland National Guard’s Internet website.
(d)
(1)
If an eligible service member or eligible spouse terminates or suspends the provision of services under this section and the eligible service member is no longer in military service, the eligible service member or eligible spouse may reinstate the provision of service on the same terms and conditions as originally agreed to with the service provider before the termination or suspension on written notice to the provider that the eligible service member is no longer in military service.
(2)
Written notice under this subsection shall be given within 90 days after termination of the eligible service member’s military service.
(e)
An eligible service member or eligible spouse who terminates, suspends, or reinstates the provision of services under this section:
(1)
may not be charged a penalty, fee, loss of deposit, or any other additional cost because of the termination, suspension, or reinstatement; and
(2)
is not liable for payment for any services after the effective date of the termination or suspension, until the effective date of any reinstatement of services.
Md. Code Ann., Pub. Safety § 13-705 (2026)
Title 13. Militia
Subtitle 7. Active Duty or Training
§ 13–705LinkCopy Citation
(a)
A member of the organized militia ordered into the active military service of the United States is relieved from duty in the organized militia during active military service of the United States.
(b)
(1)
A member continues to serve in the organized militia on:
(i)
the termination of any emergency for which members of the organized militia have been ordered into the active military service of the United States; and
(ii)
being relieved from the active military service of the United States.
(2)
(i)
An officer continues to serve in the organized militia as if the officer’s service was uninterrupted.
(ii)
An enlisted individual continues to serve in the organized militia until the dates when the individual’s enlistment, entered into before the individual’s order to active military service of the United States, would have expired if uninterrupted.
Md. Code Ann., Pub. Safety § 13-706 (2026)
Title 13. Militia
Subtitle 7. Active Duty or Training
§ 13–706LinkCopy Citation
(a)
An officer or employee of the State, a county, or other political subdivision of the State who is a member of the organized militia is entitled to a leave of absence from duties, without loss of pay, time, or efficiency rating:
(1)
on each day engaged in field or coast defense or other training ordered or authorized under this title; or
(2)
under any law of the United States while on inactive duty training, not to exceed 15 days annually.
(b)
In addition to the 15–day period specified in subsection (a) of this section, a member of the organized militia who is ordered to State active duty under authority of the Governor is entitled to leave of absence without loss of pay, time, or efficiency rating while actually serving under the State active duty orders.
Md. Code Ann., Pub. Safety § 13-707 (2026)
Title 13. Militia
Subtitle 7. Active Duty or Training
§ 13–707LinkCopy Citation
(a)
A member of the organized militia ordered into State active duty by proper authority is not liable civilly or criminally for any act done while discharging a duty.
(b)
(1)
The court shall require a person to file security for the payment of costs that may be awarded to the defendant when the person prosecutes or begins a suit or proceeding:
(i)
against an officer of the organized militia for an act done by the officer in the officer’s official capacity in the discharge of a duty under this title;
(ii)
against a person acting under the authority or order of an officer of the organized militia; or
(iii)
by virtue of a warrant that an officer of the militia lawfully issues.
(2)
In all cases, the defendant may make a general denial and give evidence.
(3)
If the case is dismissed or a verdict or judgment is rendered against the plaintiff, the defendant shall recover treble costs.