Georgia CommonsSB 62: "Defend the Guard Act"; enact
Introduced version, the latest LegiScan holds · Last action January 12, 2026 · Introduced
The text as LegiScan holds it, read from the PDF the legislature publishes with its margin line numbers, running heads, and page footers removed. Line breaks are joined into paragraphs here; no word is changed.
Underlined words are what the bill adds to current law and struck-through words are what it removes, as the printed bill shows them.
Senate Bill 62
By: Senator Moore of the 53rd
A BILL TO BE ENTITLED
AN ACT
To amend Part 1 of Article 1 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to general provisions regarding state militia generally, so as to require an official declaration of war or an official action to call forth the state militia by the United States Congress before members of the Georgia National Guard may be released from state control to participate in active duty combat or combat support operations; to provide for definitions; to provide for construction; to provide for a short title; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
This Act shall be known and may be cited as the "Defend the Guard Act."
SECTION 2.
Part 1 of Article 1 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to general provisions regarding state militia generally, is amended by revising Code Section 38-2-5, relating to federal call up of militia, Governor's duties, utilization of unorganized militia, and effect of unit's absence, as follows:
"38-2-5.
(a) As used in this Code section, the term:
(1) 'Active duty combat' means performing the following services while in active federal military service of the United States:
(A) Participating in an armed conflict;
(B) Carrying out a hazardous service in a foreign state; or
(C) Executing a duty through an instrumentality of war.
(2) 'Official declaration of war' means an official declaration of war made by the United States Congress pursuant to Article I, Section 8, Clause 11 of the United States Constitution.
(b) Notwithstanding any other provision of this Code, the Georgia National Guard and any member thereof shall not be released from the state into active duty combat or combat support operations unless the United States Congress has passed an official declaration of war or has taken an official action pursuant to Article I, Section 8, Clause 15 of the United States Constitution to explicitly call forth the Georgia National Guard and any member thereof for the enumerated purposes to expressly execute the laws of the union, suppress insurrections, or repel an invasion. The Governor shall take all actions necessary to comply with the requirements of this Code section. Nothing in this subsection shall limit or prohibit the Governor from consenting to the deployment of any Georgia National Guard member for defense support of civil authority missions within the United States and United States territories pursuant to 32 U.S.C. Section 328.
(c) When the militia of the state is called into federal service under the Constitution and laws of the United States, the Governor shall order out for service the organized militia or such part thereof as may be necessary; and, if the number available is insufficient, the Governor may call for and accept from the unorganized militia as many volunteers as are required for service in the organized militia. During the absence of the organized militia in the service of the United States, their state designations shall not be given to new organizations."
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.