SB 390: State Military; deployment of armed military forces of other states into this state without the permission of the Governor; prohibit

Georgia law currently does not spell out whether armed military units from another state can come into Georgia to perform military duties without the Governor's say-so. This bill adds a new section to Georgia's military code addressing that gap. The bill states that no armed military forces from another state, territory, or district may enter Georgia to perform military duty without the Governor's permission. It carves out an exception for forces that are serving the United States and acting under authority validly invoked by the President. The bill repeals any conflicting laws but does not include a separate effective date section, so it would take effect under Georgia's standard rules for new legislation.

• Adds a new Code section (O.C.G.A. § 38-2-13) requiring the Governor's permission before armed military forces from another state can enter Georgia to perform military duty.
• Creates an exception allowing armed forces in United States service acting under authority validly invoked by the President to enter without the Governor's permission.
• Repeals any existing Georgia laws that conflict with this new requirement.

The bill affects the Governor's office, the Georgia National Guard and state military organizations, out-of-state National Guard or military units, and the federal government when it deploys forces validly authorized by the President into Georgia.

The bill would give Georgia's Governor formal authority to block armed forces from other states from entering Georgia for military duty, except when those forces act under valid presidential authority for the United States, clarifying who controls such deployments.

• Section 1 adds new Code section 38-2-13(a), prohibiting armed military forces from another state, territory, or district from entering Georgia to perform military duty without the Governor's permission.
• Section 1 also adds subsection (b), exempting forces in United States service acting under authority validly invoked by the President from the permission requirement.
• Section 2 repeals all laws and parts of laws that conflict with the new provisions.

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

• Harold Jones (D, SD-022)Patrocinador principal
• 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)

• state military
• National Guard
• governor's authority
• state sovereignty