Section 13-702 - Militia in State active duty.
§ 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.]