State Defense Forces

Del. Code tit. 20, ch. 3
in effect

Del. Code tit. 20, § 301 Establishment and composition.

(a) The Governor may organize such military forces within this State in addition to the Delaware National Guard as the Governor deems necessary for the defense of this State. Such forces shall be distinct from the Delaware National Guard and shall be known as the Delaware State Defense Forces. Such military forces shall be uniformed and comprised of officers and enlisted personnel who shall be citizens of this State who shall volunteer for such service. (b) The Delaware State Defense Forces shall not be called into active state service unless the Delaware National Guard or a part thereof has been called into active federal service. (c) The Governor may organize a command staff for the Delaware State Defense Forces which staff shall develop plans for mobilization of said force. (d) The command staff of the Delaware State Defense Forces may maintain lists of volunteers for service in such forces and develop an organizational structure for such forces when called to active service. (e) Nothing contained herein shall prohibit the Delaware State Defense Forces from meeting on a voluntary basis at no cost to the State when not in active service.

Del. Code tit. 20, § 302 Rules and regulations prescribed by Governor.

(a) The Governor may prescribe rules and regulations for the administration, organization, equipment, training, discipline and maintenance of the Delaware State Defense Forces. (b) The rules and regulations adopted pursuant hereto should conform as far as possible with the rules and regulations applicable to the Delaware National Guard.

Del. Code tit. 20, § 303 Pay and allowances.

(a) The Delaware State Defense Forces shall, when called into active state service, be compensated as provided for by the executive order calling forth the forces. (b) The Delaware State Defense Forces, when called into active state service, shall in no event be compensated in a manner exceeding the compensation paid members of like rank and length of service of the United States Army for such service. (c) The command staff may be compensated at a rate set by the Governor for their expenses when meeting to develop mobilization plans, but shall not be compensated in excess of the base compensation paid an active duty member of like rank and length of service of the United States Army for a similar period of service. (d) No funds may be paid to any member of the Delaware State Defense Forces unless specifically appropriated for such purpose.

Del. Code tit. 20, § 304 Arms and equipment.

The Governor may enter such agreements as are necessary to procure arms and other equipment for use by the Delaware State Defense Forces.

Del. Code tit. 20, § 305 Use of State Defense Forces outside of Delaware.

(a) The Delaware State Defense Forces shall not be required to serve outside the boundaries of the State except: (1) Upon the request of the governor of another state, the Governor of this State may, in the Governor of this State’s discretion, order any portion or all of such forces to assist the military or police forces of such other state who are actually engaged in defending such other state. (2) Any organization, unit or detachment of the Delaware State Defense Forces, upon order of the officer in immediate command thereof, may continue in fresh pursuit of insurrectionists, saboteurs, enemies or enemy forces beyond the borders of this State into another state until they are apprehended or captured by such organization, unit or detachment or until the military or police forces of the other state or the forces of the United States have had a reasonable opportunity to take up the pursuit or to apprehend or capture such persons; provided, that such other state shall have given authority by law for such pursuit by such forces of this State. (b) Any such person who is apprehended or captured in such other state by an organization, unit or detachment of the forces of this State shall without unnecessary delay be surrendered to the military or police forces of the state in which such person is taken or to the United States, but such surrender shall not constitute a waiver by this State of its right to extradite or prosecute such person for any crime committed in this State.

Del. Code tit. 20, § 306 Permission to military forces of other states to pursue and arrest persons in Delaware.

(a) Any military forces, or organization, unit or detachment thereof, of another state who are in fresh pursuit of insurrectionists, saboteurs, enemies or any enemy forces may continue such pursuit into this State until the military or police forces of this State or the forces of the United States have had reasonable opportunity to take up pursuit or to apprehend or capture such persons. (b) Such military forces, or organization, unit or detachment thereof, may arrest or capture such persons within this State while in fresh pursuit. (c) Any such person who is captured or arrested by the military forces of such other state while in this State shall without unnecessary delay be surrendered to the military or police forces of this State to be dealt with according to law. (d) This section shall not be construed so as to make unlawful any arrest in this State which would otherwise be lawful and nothing contained in this section shall be deemed to repeal any of the provisions of the Uniform Law on Fresh Pursuit, as contained in Title 11 [§ 1934 et seq. of Title 11].

Del. Code tit. 20, § 307 Federal service.

Nothing in this chapter shall be construed as authorizing the Delaware State Defense Forces or any part thereof to be called, ordered or in any manner drafted, as such, into military service of the United States; but no person shall by reason of such person’s enlistment or commission in any such forces be exempted from military service under any law of the United States.

Del. Code tit. 20, § 308 Freedom from arrest and exemption from jury duty.

(a) No officer or enlisted member of the Delaware State Defense Forces shall be arrested on any warrant, except for treason or felony, while going to, remaining at or returning from a place where ordered to attend for military duty. (b) Every officer and enlisted member of the Delaware State Defenses Forces shall, during active state service, be exempt from service upon any posse comitatus and from jury duty.
Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title20/c003/index.htmlFetched: 10/4/2026