Section 13-702 - Militia in State active duty. - Maryland Statutes

§ 13-702. Militia in State active duty.
 

(a)  Scope of section.- This section applies to the Maryland Defense Force and the National Guard. 

(b)  Gubernatorial authority to order militia into State active duty.- 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)  Authority of militia in State active duty.-  

(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)  Relations with other authorities.- 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. 
 

[An. Code 1957, art. 65, § 8; 2003, ch. 5, § 2; 2009, ch. 735, §§ 1, 2.]