Georgia Commons

Senate · Introduced · 2025-2026 Regular Session

SB390: SB390 State Military; deployment of armed military forces of other states into this state without the permission of the Governor; prohibit

Last action January 14, 2026 · Senate Read and Referred

A Georgia Senate bill would bar armed military forces from other states from entering Georgia without the Governor's permission, unless those forces act under presidential authority as part of the U.S. military.

In plain language

Currently Georgia law does not explicitly address whether armed military units from other states can enter Georgia to perform military duties. This bill adds a new section to Georgia's military code (O.C.G.A. Title 38) that would require the Governor's permission before armed military forces from another state, territory, or district could enter Georgia for that purpose. The bill carves out an exception for forces that are part of the United States military and acting under authority validly invoked by the President of the United States; those forces would not need the Governor's sign-off. The bill also repeals any existing laws that conflict with this new rule. It does not specify penalties for violations or set a separate effective date beyond standard enactment.

What the bill does

  • Adds a new Code section (O.C.G.A. § 38-2-13.1) requiring the Governor's permission before armed military forces from another state, territory, or district can enter Georgia for military duty.
  • Creates an exception allowing U.S. military forces acting under authority validly invoked by the President to enter Georgia without the Governor's separate permission.
  • Repeals any existing Georgia laws or parts of laws that conflict with this new requirement.

Who it affects

The bill mainly affects the Governor of Georgia, the Georgia National Guard and state military authorities, and military forces from other states or the federal government that might seek to operate within Georgia.

Why it matters

If enacted, the Governor would gain explicit legal authority to block armed forces from other states from entering Georgia, except when those forces act under federal presidential authority. This could affect how interstate military deployments, such as National Guard support during emergencies, are handled in Georgia.

Key provisions

  • Section 1 adds new Code section 38-2-13.1 to Georgia's military law, prohibiting armed forces from another state, territory, or district from entering Georgia for military duty without the Governor's permission.
  • Subsection (a) establishes the general prohibition and ties it to the Governor's approval.
  • Subsection (b) exempts forces in the service of the United States acting under authority validly invoked by the President of the United States.
  • Section 2 repeals all laws and parts of laws that conflict with the new provision.

Status timeline

  1. 2026-01-14Senate Read and Referred (Senate)
  2. 2026-01-13Senate Hopper (Senate)

Sponsors

  • Harold Jones (D, SD-022)Primary sponsor
  • Kim Jackson (D, SD-041)
  • Nan Orrock (D, SD-036)
  • Elena Parent (D, SD-044)
  • Sheikh Rahman (D, SD-005)
  • Randal Mangham (D, SD-055)
  • Kenya Wicks (D, SD-034)

Topics

  • state military law
  • National Guard
  • governor's authority
  • interstate deployments

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Answers come from this document. Not legal advice.

SB390: SB390 State Military; deployment of armed military forces of other states into this state without the permission of the Governor; prohibit | Georgia Commons