1. (a) This section applies to all units of the Department, including the National Guard, the Maryland Defense Force, and State Operations.

2. (b) The Governor may order the militia into State active duty:

   1. (1) in times of or on reasonable apprehension of imminent public crisis, disaster, rioting, catastrophe, insurrection, invasion, tumult, or breach of peace;
   2. (2) when martial law is declared;
   3. (3) to enforce the laws; or
   4. (4) to carry on any function of the militia of the State.

3. (c)

   1. (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. (2) The authority of the member extends throughout the State during the State active duty.

4. (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. (1) in State active duty; or
   2. (2) in a federal status in which the Governor is the Commander in Chief.

5. (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. (1) cooperate with local law enforcement authorities; or

   2. (2) if the exigencies of the case require and subject only to order from the Governor:

      1. (i) direct and control local law enforcement authorities and the Department of State Police; and
      2. (ii) assume all the powers vested in these subordinated law enforcement authorities.

Added by Acts 2003, c. 5, § 2, eff. Oct. 1, 2003. Amended by Acts 2009, c. 735, §§ 1, 2, eff. Oct. 1, 2009; Acts 2026, c. 96, § 1, eff. April 14, 2026; Acts 2025, c. 97, § 1, eff. April 14, 2026.