Md. Code, Public Safety, Title 13

Md. Code, Public Safety, Title 13
in effect

Md. Code, Public Safety § 13-101

(a) In this title the following words have the meanings indicated. (b) “Department” means the Military Department. (c) “Maryland Defense Force” means the military force established under Subtitle 5 of this title. (d) “National Guard” means the Maryland Army National Guard and Maryland Air National Guard. (e) (1) “State active duty” means military duty performed in service of the State by a unit or member of the militia under orders issued by the Governor under Article II, § 8 of the Maryland Constitution or § 13-702 of this title. (2) Unless the Governor specifically provides otherwise, “State active duty” does not include drill periods, preparation for drill periods, annual training, or other equivalent training or duty conducted under orders issued under Title 10 or Title 32 of the United States Code.

Md. Code, Public Safety § 13-201

(a) This title applies to all uniformed volunteer companies. (b) A provision of this title may not be repealed or amended by any statute passed by the General Assembly unless the statute explicitly: (1) refers to this title as the militia law, or by its other titles, as part of the general laws of the State; and (2) repeals or amends the referenced provision.

Md. Code, Public Safety § 13-202

(a) Except as provided in subsection (b) of this section, the militia consists of able–bodied individuals who are: (1) citizens of the State; (2) citizens of the United States who take an oath of allegiance to the State; or (3) of foreign birth and who: (i) are residents of the State; and (ii) have declared their intention to become citizens of the State. (b) Subject to subsection (c) of this section, an individual is exempt from subsection (a) of this section if the individual: (1) is exempted by the laws of the United States; (2) is exempted by the laws of the State; (3) is a member of a regularly organized fire or police department in a county, city, village, or town; (4) is a judge or clerk of a court of record; (5) is a register of wills and deeds; (6) is a sheriff; (7) is a member of the clergy; (8) is a practicing physician; (9) is a superintendent, officer, or assistant of a hospital or correctional facility; (10) has been judged mentally incompetent; (11) is addicted to narcotic drugs; or (12) has been convicted of an infamous crime. (c) An individual exempted under subsection (b)(3) through (12) of this section shall be available for military duty in case of war, insurrection, or invasion, or when the danger of war, insurrection, or invasion is imminent.

Md. Code, Public Safety § 13-203

(a) There are two classes of State militia: (1) the organized militia; and (2) the unorganized militia. (b) The organized militia of the State consists of: (1) the National Guard; (2) the Inactive National Guard; and (3) the Maryland Defense Force. (c) The unorganized militia consists of those individuals described under § 13-202 of this subtitle but who are not regularly enlisted or commissioned in the organized militia.

Md. Code, Public Safety § 13-204

(a) The general appropriations for the militia shall be exclusively applied to the necessary and contingent expenses of the office of the Adjutant General and to the equipment, maintenance, and general efficiency of the organized militia. (b) (1) Except as provided in this title, unless authorized by the Adjutant General, a person may not make a purchase, incur a debt or expense, or expend money for the militia. (2) (i) The Adjutant General shall adopt rules for the receipt and expenditure of all money that comes under the control of the Adjutant General. (ii) The Adjutant General may require bond from persons involved in the receipt and expenditure of money that the Adjutant General designates. (c) (1) The commanding officer of an organization or detachment of the organized militia that is on State active duty may purchase necessities that are absolutely required for the immediate use and care of the officer’s command. (2) If a commanding officer on State active duty makes a purchase under this subsection, the commanding officer shall: (i) take a receipt of the purchase in triplicate; and (ii) promptly submit a report of the purchase through regular channels to the Department’s Finance Officer. (3) The report shall contain: (i) a list of the articles purchased; (ii) the price of the articles; and (iii) the receipts. (d) (1) Except as provided in paragraph (3) of this subsection, the Adjutant General shall audit and pay all bills and military accounts payable by the State. (2) The Adjutant General shall follow as nearly as possible the financial operating procedures established by the United States Department of Defense. (3) The Comptroller shall be the auditor of all accounts for property purchased by the Adjutant General. (4) The Treasurer shall pay an audited military account from an appropriation made by the General Assembly, on the warrant of the Adjutant General, under the direction of the Governor.

Md. Code, Public Safety § 13-205

Subject to the provisions of this title and the regulations governing the armed forces, an individual may be enlisted in the organized militia if the individual: (1) is a citizen of the State or has declared an intention to become a citizen of the State; (2) is able–bodied; and (3) has good character and temperate habits.

Md. Code, Public Safety § 13-206

(a) An individual enlisting in the organized militia shall take and subscribe to the following oath of enlistment: “I do hereby acknowledge to have voluntarily enlisted this ....... day of .........., 20 ....., in the (National Guard) (Maryland Defense Force) of the State of Maryland for the period of ...... year(s), under the conditions prescribed by law, unless sooner discharged by proper authority. I, ..........., do solemnly swear (or affirm) that I will bear true faith and allegiance to the United States of America and to the State of Maryland; that I will serve them honestly and faithfully against all their enemies whomsoever; and that I will obey the orders of the President of the United States and the Governor of Maryland and the orders of the officers appointed over me, according to law and regulations.” (b) Any officer of the organized militia may administer the oath of enlistment.

Md. Code, Public Safety § 13-207

(a) An organization commander: (1) may require those under the command of the organization commander to perform any military duty; and (2) is responsible to the Governor for the general efficiency of the units of the organized militia under the command of the organization commander. (b) A commanding officer of a unit is responsible to the officer’s immediate commander for the equipment, drill, instruction, movements, and efficiency of those under the officer’s command. (c) Each officer or enlisted individual is responsible to the individual’s immediate commanding officer for prompt and unhesitating obedience, proper drill, and the preservation and proper use of the property of the organization, the State, or the United States that is in the individual’s possession. (d) A unit of the organized militia shall be inspected: (1) by an officer detailed for inspection duty, whenever the Governor considers it advisable; and (2) by an officer of the United States Army or Air Force, as provided by federal law or regulation.

Md. Code, Public Safety § 13-208

(a) During a time of duty, a commanding officer may arrest for the period of the time of duty an individual who: (1) trespasses on a camp ground, parade ground, armory, or other place devoted to that duty; (2) disrupts in any way the orderly discharge of duty by those under arms; or (3) interrupts or prevents the passage of troops going to or returning from duty. (b) A commanding officer may prohibit within the limits of a post, camp ground, place of encampment, parade, or drill that is under the command of the officer: (1) the sale or use of alcoholic beverages; (2) huckster or auction sales; and (3) gambling.

Md. Code, Public Safety § 13-209

(a) (1) The Adjutant General, Assistant Adjutants General, officers, warrant officers, and enlisted individuals who are full-time employees of the Department are: (i) military personnel on State active duty; and (ii) entitled to the same pay, including longevity pay, subsistence, per diem, and allowances, as officers, warrant officers, and enlisted individuals of like grade and length of service in the United States Army or Air Force. (2) (i) For income tax purposes, subsistence and allowances shall be treated in the same way under State law as they are treated by the Internal Revenue Code and federal income tax regulations. (ii) Subsistence and allowances may not be used in calculating the salary base for retirement purposes for an employee who is a member of the Employees’ Retirement System of the State. (b) An individual who holds more than one of the offices mentioned in subsection (a) of this section simultaneously shall receive only the pay, including longevity pay, subsistence, per diem, and allowances as provided under this section, for a single office. (c) A military office for which no salary is provided in the State budget is not an office of profit.

Md. Code, Public Safety § 13-210

(a) (1) This subsection applies to the period of time that an employee is ordered by the Governor to active military duty in the organized militia of the State for service during: (i) a civil disorder; (ii) a natural disaster; (iii) a labor disorder; or (iv) any other activity requiring support of the State militia. (2) The Adjutant General shall secure compensation under the Maryland Workers’ Compensation Act for each officer and enlisted individual of the organized militia by maintaining an insurance policy with the Chesapeake Employers’ Insurance Company or with a stock corporation or mutual association authorized to transact the business of workers’ compensation insurance in the State. (3) (i) An officer, enlisted individual, or employee of the Department is not entitled to the benefits of this section if the officer, enlisted individual, or employee is injured in the course of employment and has insurance coverage through the federal government that is equal to or better than the coverage provided by this title. (ii) If a benefit provided by the federal government is less than that provided by the Maryland Workers’ Compensation Act, the State and its insurer shall furnish the additional benefit necessary to make up the difference between the benefit provided by the federal government and the similar benefit required under the Maryland Workers’ Compensation Act. (4) The insurance provided under this subsection shall only cover incidents that occur after July 1, 1979. (b) In addition to the benefits under subsection (a) of this section, the Adjutant General shall maintain workers’ compensation insurance for members of the Maryland Defense Force during training. (c) The Adjutant General shall pay the premiums for the insurance policy required under this section from appropriations for the militia that the Governor includes in the State budget.

Md. Code, Public Safety § 13-211

(a) (1) To promote efficiency and reward continuous service, the Governor may issue service medals of appropriate designs to officers and enlisted individuals in the organized militia who have completed 5 years or more of continuous service. (2) The Governor shall adopt regulations to carry out this subsection. (b) (1) The State may issue appropriate ribbon badges to represent any issued or authorized medal. (2) An officer or enlisted individual in the organized militia may wear a ribbon badge issued under this subsection as part of the uniform.

Md. Code, Public Safety § 13-212

A member of the organized militia, including the member’s conveyance and military property, shall be allowed free passage through any toll gate and over any toll road, bridge, or ferry if the member: (1) is traveling to or returning from a parade, encampment, drill, or other duty that the member may be required by law to attend; and (2) presents an order for duty or identification card.

Md. Code, Public Safety § 13-213

(a) The Governor may adopt regulations that provide for the retirement of officers and enlisted individuals. (b) The Governor may order a retired officer or enlisted individual to active duty. (c) (1) There is a retired list exclusively restricted to retired officers and enlisted individuals of the organized militia. (2) The retired list shall be divided into three groups of retired individuals: (i) the National Guard; (ii) the Maryland Defense Force; and (iii) the Inactive National Guard.

Md. Code, Public Safety § 13-214

(a) Except for the units of the organized militia and the troops of the United States, a body of persons may not associate as a military company or organization or parade in public as a military company or organization without the permission of the Governor. (b) Except for troops acting under the authority of the President, an armed military force from another state may not enter this State for military duty without the permission of the Governor.

Md. Code, Public Safety § 13-215

(a) (1) The Adjutant General may organize a uniformed honor guard from the National Guard or the organized militia to attend the burial service of a deceased veteran if: (i) the commander of an accredited veterans’ organization or a relative or friend of the deceased veteran requests an honor guard to attend the burial service; (ii) a uniformed honor guard from the active uniformed services or veterans’ organization is not available; and (iii) the Adjutant General determines that providing an honor guard will not harm: 1. the readiness of the National Guard in the event of a State or federal emergency; or 2. the employment of a National Guard member. (2) If an honor guard from the active uniformed services is not available, the Adjutant General may request an honor guard from a veterans’ organization to attend the burial service of a deceased veteran. (b) (1) The Adjutant General shall set reasonable compensation for honor guard members based on the availability of money in the budget. (2) Compensation may not exceed the expenses incurred to participate in the burial service of a deceased veteran plus the greater of: (i) 100% of 1 day’s pay as determined by the current Department of Defense pay scale; and (ii) the minimum wage required under § 3-413 of the Labor and Employment Article. (c) The Adjutant General shall adopt regulations to carry out this section.

Md. Code, Public Safety § 13-216

The Department may acquire by purchase or condemnation real property located in Baltimore County adjacent to the Martin State Airport that is necessary for the safe operation of the fighter squadron of the Maryland Air National Guard.

Md. Code, Public Safety § 13-217

(a) The Department may sell an armory that is superfluous to the Department’s requirements if: (1) the Department has complied with § 5–310 of the State Finance and Procurement Article; (2) the Department of Planning has determined that no unit of State government is interested in the property under § 5–310(b)(2) of the State Finance and Procurement Article; and (3) the Board of Public Works has approved the sale. (b) (1) The county or municipal corporation in which the armory is located has the right of first refusal to purchase the armory. (2) If the county or municipal corporation declines to purchase the property, the Department shall sell the property at public sale for the highest cash price obtainable. (c) The proceeds of a sale shall be placed in the Annuity Bond Fund under § 8–132 of the State Finance and Procurement Article.

Md. Code, Public Safety § 13-218

The Military Department shall adopt regulations for exemption of a member of the organized militia from State jury service that would unreasonably interfere with the performance of the member’s military duties or affect adversely the readiness of the activity, command, or unit to which the member is assigned.

Md. Code, Public Safety § 13-219

(a) There is a Maryland Military Department Center for Military History. (b) The Maryland Military Department Center for Military History consists of the following components: (1) the Maryland Museum of Military History; and (2) the Maryland Military Historical Research Center. (c) The Maryland Military Department Center for Military History shall be a component of the Maryland Military Department, and the Adjutant General of Maryland shall designate the Executive Director of the Maryland Military Department Center for Military History. (d) The Maryland Military Department shall provide staffing as determined available by the Adjutant General to the Maryland Museum of Military History and the Maryland Military Historical Research Center to include a director for each. (e) The Maryland Military Historical Society, Inc., a nonprofit organization, shall: (1) serve as an advisory body to the Maryland Military Department Center for Military History, but may not engage in direct oversight of employees of the Maryland Military Department Center for Military History or its day–to–day operations; (2) be authorized to engage in fund–raising on behalf of the Center for Military History; (3) be authorized to provide volunteers to support activities of the Maryland Military Department Center for Military History without pay or compensation, except that the volunteers shall be eligible for benefits under workers’ compensation for injuries suffered in the course of volunteer work for the Maryland Military Department Center for Military History as if they were paid employees of the State; and (4) be authorized to use office space within facilities of the Maryland Military Department, independent of the space allotted to the Maryland Military Department Center for Military History on a space–available basis at the discretion of the Adjutant General. (f) The Maryland Museum of Military History shall: (1) collect, preserve, interpret, and present significant artifacts and artwork relating to the history of the people, places, and events that represent all components and branches of each service of the United States military and the military heritage of the State; and (2) convey an awareness of the military service of Marylanders and how that service has helped preserve American freedoms through exhibits, educational programs, and outreach. (g) The Maryland Military Historical Research Center shall: (1) collect, interpret, preserve, and present documents, photographs, electronic media, and other materials containing information or imagery relating to the history of the people, places, and events that represent all components and branches of each service of the United States military and the military heritage of the State; (2) educate the public regarding the military history of the State by providing bona fide researchers with access to collected materials and by providing historical imagery to support displays by the Maryland Museum of Military History; and (3) advise the Adjutant General and the Maryland Military Department generally on matters relating to the heraldry, honors, lineage, and history of units of the organized militia of the State. (h) (1) The Maryland Military Department Center for Military History may assume title to abandoned property in its possession. (2) Property shall be considered abandoned if: (i) it has been in the possession of the Maryland Military Department Center for Military History for 7 years or more; (ii) there are no known owners, or a reasonable attempt has been made to contact the owner without success, or the owner has been contacted but has refused to take possession of the property; (iii) there are no known agreements to donate or lend the property, or there is a known agreement to lend the property for a finite period but the period of the loan has been exceeded by 7 or more years, or there is an agreement to lend the property for an indefinite period but the lender has been deceased for 7 or more years, or the property was lent by an organization that has been defunct for 7 or more years; and (iv) a notice is posted in local newspapers for at least 2 weeks stating the intent to take title to the property if it is not claimed and the owner of the property does not contact the Maryland Museum of Military History within 1 week of the final publication of the notice.

Md. Code, Public Safety § 13-301

(a) The Adjutant General: (1) is the head of the Department; (2) shall be appointed by the Governor with the advice and consent of the Senate; (3) is subordinate only to the Governor in matters relating to the Department; (4) shall have a commissioned grade not above that of Lieutenant General; and (5) shall be a full–time employee of the Department in State active duty status. (b) At the time of appointment, the Adjutant General shall: (1) have at least 2 years of commissioned field grade service in the National Guard; (2) have attained at least the rank of colonel; and (3) meet the requirements for federal recognition at the rank of Major General. (c) The Adjutant General is a member of the Governor’s Executive Council. (d) If the Adjutant General is ordered into the active military service of the United States, the Governor may designate an acting Adjutant General to exercise the duties of the Adjutant General during the period the Adjutant General is on active military service.

Md. Code, Public Safety § 13-302

(a) (1) The Adjutant General may appoint: (i) a chief of State operations; (ii) an executive officer; (iii) an administrative officer; (iv) the directors of military installations, procurement, military support to civil authorities, State personnel, finance, and veterans affairs; (v) the site managers for military reservations; and (vi) a grants administrator. (2) The executive officer and directors appointed under paragraph (1) of this subsection serve at the pleasure of the Adjutant General. (b) (1) The Adjutant General shall keep all records required to be kept and filed with the Adjutant General’s office. (2) On or before each October 15, the Adjutant General shall submit to the Governor a detailed statement of all the receipts and expenditures for military purposes during the year ending the previous September 30. (c) (1) On request, the Adjutant General or the Adjutant General’s designee shall assist the spouse of a member of the military who resides in the State or is transferred to the State in finding employment in the State. (2) The assistance provided under paragraph (1) of this subsection may include providing: (i) the informational form developed by the State Department of Education under § 6–201.1 of the Education Article; (ii) information relating to health occupations in the State that permit reciprocal licensure; and (iii) information relating to business occupations in the State that permit reciprocal licensure. (d) (1) The Adjutant General is responsible for: (i) each armory that the State owns; and (ii) each building or other property purchased, occupied, or leased by or on behalf of the State military forces. (2) If the Adjutant General rejects an application to use an armory for nonmilitary purposes, the application is subject to review and approval by the Board of Public Works, the Adjutant General, and the commanding officer of the unit occupying that armory. (3) The Adjutant General may adopt regulations to enforce this subsection. (e) The Adjutant General is the custodian of battle flags and war records and is responsible for their proper care and preservation. (f) The Adjutant General may employ employees as required. (g) The Adjutant General shall carry out the Governor’s policies concerning matters specified in this title and Title 14, Subtitles 1, 2, and 4 of this article. (h) The seal of the Adjutant General’s office shall be delivered by the Adjutant General to the Adjutant General’s successor. (i) (1) The Adjutant General may adopt rules and regulations to govern, discipline, and establish criteria for the performance of duties of the organized militia of the State, as defined in § 13–203 of this title. (2) The rules and regulations shall, to the extent practicable, conform to the Uniform Code of Military Justice (UCMJ) and to the rules, regulations, and statutes of the Department of Defense, the Army, the Air Force, and the National Guard Bureau of the United States. (3) When the rules and regulations have been adopted and published by the Adjutant General, they shall have the force and effect of law and constitute a lawful order. (4) Adoption and publication of rules and regulations under paragraph (3) of this subsection are exempt from the requirements of Title 10, Subtitle 1 of the State Government Article.

Md. Code, Public Safety § 13-303

(a) (1) The Governor shall appoint two Assistant Adjutants General for the Maryland Army National Guard and two Assistant Adjutants General for the Maryland Air National Guard. (2) An Assistant Adjutant General serves at the pleasure of the Governor. (3) Unless selected for a military position requiring federal recognition as a Major General, an Assistant Adjutant General shall have a commissioned grade not above that of Brigadier General. (b) To be appointed as an Assistant Adjutant General an individual shall: (1) have at least 1 year of commissioned field grade service in the National Guard; and (2) have attained at least the rank of colonel. (c) An Assistant Adjutant General shall perform the military duties that are assigned by the Governor or Adjutant General. (d) (1) One of the Assistant Adjutants General for the Maryland Army National Guard and one of the Assistant Adjutants General for the Maryland Air National Guard shall be full–time employees of the Department in State active duty status. (2) The other two Assistant Adjutants General shall be traditional drilling guard members.

Md. Code, Public Safety § 13-305

(a) (1) The Governor shall appoint a Deputy Assistant Adjutant General for the Maryland Army National Guard. (2) The Deputy Assistant Adjutant General serves at the pleasure of the Adjutant General. (b) The Deputy Assistant Adjutant General for the Maryland Army National Guard shall: (1) have a commissioned grade not above that of Brigadier General; and (2) perform the military duties assigned by the Governor or the Adjutant General.

Md. Code, Public Safety § 13-306

(a) Officers, warrant officers, and enlisted individuals who are full–time employees of the Department are in State active duty status. (b) (1) The Adjutant General may appoint a chief of staff and aides. (2) The chief of staff and aides serve at the pleasure of the Adjutant General.

Md. Code, Public Safety § 13-401

(a) (1) The National Guard consists of: (i) the units of the organized militia allocated to the State by the United States Department of Defense that are supported wholly or partly by federal funds; and (ii) individuals transferred with the approval of the Governor to the National Guard by federal authorities to complete a reserve service obligation imposed by federal law. (2) The inactive National Guard consists of officers and enlisted individuals commissioned in, enlisted in, or transferred to the inactive National Guard. (3) An individual transferred to the National Guard is considered a member of the National Guard whether or not the individual executed the oath prescribed by § 13-206 of this title. (b) The National Guard and its units shall be organized as prescribed for the United States Army or United States Air Force, subject in time of peace to general exceptions that the Secretary of the Army or the Secretary of the Air Force authorizes. (c) If the National Guard or any of its units are ordered into active military service of the United States by the President of the United States, the Governor may increase the military force and organize those units as the emergency requires.

Md. Code, Public Safety § 13-402

(a) A member of the National Guard has the same police power, authority, and status with respect to the enforcement of the law relating to criminal matters in the military area to which the member is assigned, as a law enforcement or peace officer has in the officer’s respective jurisdiction if: (1) the Adjutant General designates the member as National Guard full-time support personnel under Title 32 of the United States Code; (2) the Department controls or has jurisdiction over the member; and (3) the member is acting as a National Guard member. (b) A member of the National Guard has the immunities and defenses available to a law enforcement or peace officer in a criminal proceeding or civil suit brought because of an act performed in the course of employment and duty under this section.

Md. Code, Public Safety § 13-403

(a) To maintain an appropriate organization and to assist in instruction and training, the President of the United States may: (1) assign the National Guard to divisions, brigades, and other tactical units; and (2) detail officers from the National Guard or the United States Army or Air Force to command those units. (b) A commanding officer of a complete unit organized in the State may not be displaced under this section.

Md. Code, Public Safety § 13-404

(a) Except as otherwise authorized by law, the National Guard: (1) is designated as a law enforcement agency for the sole purpose of receiving property and revenues; and (2) may receive property and revenues under 18 U.S.C. § 981(e)(2), 19 U.S.C. § 1616a(c)(1)(B)(ii), and 21 U.S.C. §§ 881(e)(1)(A) and (e)(3) from those federal units that are supported by National Guard members in the Counter Drug Program. (b) (1) Any property or revenues received by the National Guard under this section shall be used to supplement the resources allocated to the Counter Drug Program. (2) The use of the property and revenues shall conform to the guidelines of the United States Department of Justice, the United States Department of Defense, and the United States Department of the Treasury.

Md. Code, Public Safety § 13-405

(a) (1) In this section the following words have the meanings indicated. (2) “Institution” means: (i) any campus of the University System of Maryland, any community college established under Title 16 of the Education Article, Morgan State University, or St. Mary’s College; (ii) any private institution of higher education that grants a member a tuition waiver of at least 50%; (iii) any public postsecondary vocational–technical or trade school; or (iv) any private postsecondary vocational–technical or trade school that grants a member a tuition waiver of at least 50%. (3) “Member” means an individual who: (i) is regularly enlisted in the National Guard; or (ii) holds a commission in the National Guard. (4) (i) “Tuition” means the basic instructional charge for undergraduate, graduate, professional, vocational–technical, and trade school credit courses and related fees at an institution. (ii) “Tuition” does not include charges for self–supporting programs. (b) (1) To the extent that funds are provided in the State budget, the Department may provide assistance equal to 100% of the cost of in–State tuition for any regularly scheduled undergraduate credit course, graduate credit course, professional credit course, vocational–technical course, or trade course for any active member attending an institution who is certified as eligible by the Adjutant General. (2) Subject to paragraph (5) of this subsection, a member who receives assistance under paragraph (1) of this subsection for an undergraduate credit, vocational–technical, or trade course shall remain an active member for at least 2 years following the completion of the course. (3) Subject to paragraph (5) of this subsection, a member who receives assistance under paragraph (1) of this subsection for a graduate or professional credit course shall remain an active member for at least 4 years following the completion of the course. (4) Subject to paragraph (5) of this subsection, if a member receives assistance under paragraph (1) of this subsection, and is a member of a unit that has been disbanded on or after September 1, 2013, due to budgetary cuts, Base Realignment and Closure, or any other reason, the member may satisfy the requirements of paragraph (2) or paragraph (3) of this subsection by transferring to another active duty, reserve, or National Guard Unit in the State or in another state. (5) If a member who receives assistance under paragraph (1) of this subsection is offered early separation by the military following the disbanding of the member’s unit due to budget cuts, Base Realignment and Closure, or any other reason, the member is excused from the requirements of paragraph (2) or paragraph (3) of this subsection. (c) (1) The Adjutant General may not certify a member as eligible unless the member is: (i) enlisted and has at least 24 months remaining to serve on the current enlistment of the member; or (ii) an officer or warrant officer and agrees in writing to serve for a minimum of 24 months. (2) The 24–month requirement runs from the first day of classes for the semester. (d) If a recipient of tuition assistance under this section is discharged from the National Guard for a reason designated by the Adjutant General, the assistance terminates and the member shall reimburse the Department the amount of tuition assistance received for that semester within 30 days of discharge.

Md. Code, Public Safety § 13-406

(a) This section: (1) applies when the National Guard is ordered out for State active duty or training by the Governor or by the Governor’s authority; and (2) does not apply to the National Guard when ordered to duty incident to an order into the active military service of the United States. (b) Subject to subsection (d) of this section: (1) an officer, warrant officer, and enlisted individual shall receive the same pay, including longevity pay, subsistence, per diem, and allowances, as an officer, warrant officer, and enlisted individual of like grade and length of service in the United States Army or Air Force; and (2) an individual ordered to active duty other than for training shall be paid a daily rate of at least 12 times the hourly federal minimum wage in effect at the time of active duty. (c) An enlisted individual who meets the qualifications that the Governor sets in small arms practice or for proficiency in the various duties of the branch or arm to which the individual belongs shall receive the following increase in pay of the individual’s grade for 1 year beginning on the first January 1 after qualification: (1) experts – 20%; (2) sharpshooters, gunners, drivers, and medical, first class – 15%; and (3) marksmen, gunners, drivers, and medical, second class – 10%. (d) On the recommendation of the Adjutant General, the Governor may reduce the rates of pay, including longevity pay and qualification pay under subsections (b) and (c) of this section.

Md. Code, Public Safety § 13-407

A commissioned officer of the National Guard shall take the following oath of office: “I, ..............., do solemnly swear that I will support and defend the Constitution of the United States and the Constitution of the State of Maryland, against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I will obey the orders of the President of the United States and of the Governor of the State of Maryland; that I take this obligation freely, without any mental reservation or purpose of evasion, and that I will well and faithfully discharge the duties of the office of ................... in the National Guard of the United States and of the State of Maryland upon which I am about to enter, so help me God.”

Md. Code, Public Safety § 13-408

An officer of the National Guard shall take rank from the date that the officer was commissioned and in the manner the United States Department of Defense provides by regulation.

Md. Code, Public Safety § 13-409

(a) Any individual who is ordered into active duty for the National Guard in response to the foreign terrorist attacks in the United States on September 11, 2001, shall receive a service bar in recognition of this service. (b) The service bar shall depict the State flag and “9–11”.

Md. Code, Public Safety § 13-410

(a) On a quarterly basis, the Adjutant General, in consultation with the Assistant Adjutants General, shall report to the General Assembly, in accordance with § 2–1257 of the State Government Article, on the number of Maryland National Guard members killed or injured while on active duty and the circumstances of the deaths or injuries. (b) This section applies only if members of the Maryland National Guard are killed or injured while on active duty during the period for which the report would be submitted.

Md. Code, Public Safety § 13-411

(a) In this section, “eligible recipient” means an individual who is: (1) eligible for Tricare Reserve Select coverage; and (2) a member of the National Guard. (b) There is a Tricare Premium Reimbursement Program in the Department. (c) Subject to subsection (d) of this section, the Department may award grants to an eligible recipient who meets the reimbursement application requirements for any of the following: (1) a premium paid for individual coverage through the Tricare Reserve Select Program; (2) a premium paid for any member of the immediate family of an eligible recipient covered under the Tricare Reserve Select Program; (3) a premium paid for individual coverage under the Tricare Dental Program; or (4) a premium paid for any member of the immediate family of an eligible recipient receiving dental benefits under the Tricare Dental Program. (d) (1) Subject to paragraph (2) of this subsection, a grant award to an eligible recipient may reimburse the eligible recipient for up to the total amount of premiums paid each month by the eligible recipient for the coverages listed under subsection (c) of this section. (2) The total amount of grants awarded to eligible recipients in a fiscal year under paragraph (1) of this subsection may not exceed the annual appropriation in the State budget for the Tricare Premium Reimbursement Program. (e) The Department shall adopt regulations to implement and administer the Tricare Premium Reimbursement Program established under this section.

Md. Code, Public Safety § 13-501

(a) (1) There is established in the State a Maryland Defense Force within the Military Department. (2) The Governor is the commander–in–chief of the Maryland Defense Force. (3) The Maryland Defense Force is under the operational control of the Adjutant General. (4) There is a commanding general of the Maryland Defense Force who is appointed by the Adjutant General and serves as such at the pleasure of the Adjutant General. (b) The Maryland Defense Force is a component of the organized militia of the State in addition to and separate from the National Guard. (c) (1) The Maryland Defense Force shall have the primary mission of providing competent and supplemental professional, technical, and military support to the Maryland Army National Guard, the Maryland Air National Guard, and the Maryland Department of Emergency Management. (2) The Maryland Defense Force shall also have other duties and missions as it may be assigned from time to time by competent authority.

Md. Code, Public Safety § 13-502

(a) (1) The Governor may adopt regulations to carry out this subtitle governing the enlistment, organization, administration, equipment, maintenance, training, and discipline of the Maryland Defense Force. (2) The Governor may prescribe a uniform for the Maryland Defense Force. (b) As is practicable and desirable, regulations adopted under this section shall conform to applicable law and regulations that govern the National Guard, except those laws and regulations that apply to the National Guard when acting solely under Title 10 of the United States Code. (c) (1) The regulations shall prohibit the Maryland Defense Force or a member of the Maryland Defense Force from accepting gifts, donations, gratuities, or anything of value from a person in exchange for specific and isolated services rendered by the Maryland Defense Force. (2) This provision may not be interpreted otherwise to prohibit gifts, bequests, and the like from any individual or organization to the Maryland Defense Force or any foundation or the like established to support its activities.

Md. Code, Public Safety § 13-503

(a) The Maryland Defense Force consists of: (1) commissioned or assigned officers; and (2) qualified individuals who volunteer to serve and are commissioned, appointed, or enlisted in the Maryland Defense Force. (b) An individual may not be commissioned or enlisted in the Maryland Defense Force if the individual: (1) is not a citizen of the United States; (2) has been dismissed from or received a bad conduct discharge or a dishonorable discharge, or any discharge other than under honorable conditions, from a military or naval organization of this State or of another state, or from any of the uniformed services or its auxiliaries, or has been convicted of an offense under the laws of the United States or of any state punishable by imprisonment for more than 1 year, no matter what punishment was actually imposed; or (3) does not meet the qualifications for commissioning, appointment, or enlistment specified in regulations governing the Maryland Defense Force. (c) A civil organization, society, club, post, order, fraternity, association, brotherhood, body, union, league, or other combination of persons or civil groups may not enlist in the Maryland Defense Force as an organization or unit. (d) (1) All members of the Maryland Defense Force serve on a voluntary basis and without pay, unless under orders, approved by the Adjutant General, specifying that their service is with pay. (2) If an order approved by the Adjutant General specifies that the service of a member of the Maryland Defense Force is with pay, the member may be compensated in accordance with § 13–406 of this title.

Md. Code, Public Safety § 13-504

(a) An officer or warrant officer commissioned or appointed in the Maryland Defense Force shall take the oath prescribed in § 13–509 of this subtitle. (b) An individual who enlists in the Maryland Defense Force shall take an oath substantially in the form required for enlisted personnel of the National Guard, substituting “Maryland Defense Force” where necessary in the oath. (c) (1) Except as provided in paragraph (2) of this subsection, the enlistment period in the Maryland Defense Force is determined by the commanding officer based on the specialty of the recruit and the needs of the militia and may be renewed. (2) In the case that a state of war exists between the United States and any other nation, or that there is a federal or State declaration of emergency presently in force in the State, all enlistments shall continue until 3 months after said state of war or emergency ends, unless the enlisted individual is discharged sooner by proper authority. (d) The Governor may accept the resignation of an officer or grant a discharge to an enlisted individual at any time.

Md. Code, Public Safety § 13-505

(a) The Governor may requisition any arms and equipment from the Secretary of the Army that are in the possession of and can be spared by the Department of the Army for use by the Maryland Defense Force. (b) The Governor may allow the Maryland Defense Force to use the facilities and equipment of a State armory or other available State premises and property. (c) A school authority may allow the Maryland Defense Force to use a school building or school grounds.

Md. Code, Public Safety § 13-506

(a) (1) Except as provided in subsections (b) and (c) of this section, the Maryland Defense Force may not be required to serve outside the State. (2) This section does not apply to any instance in which the Maryland Defense Force as part of the organized militia of the State is ordered into service of the United States by the President pursuant to the Constitution and laws of the United States. (b) (1) On request of the governor of another state, the Governor of this State may order the Maryland Defense Force to serve outside the State to assist the military or other public safety forces of the requesting state. (2) The Governor of this State may recall the Maryland Defense Force from the other state. (c) If fresh pursuit is authorized by law of another state, any organization, unit, or detachment of the Maryland Defense Force, on the order of the commanding officer of the organization, unit, or detachment, may continue in fresh pursuit of insurrectionists, saboteurs, or enemies outside of this State into the other state until: (1) the insurrectionists, saboteurs, or enemies are apprehended; or (2) the military or law enforcement forces of the other state or forces of the United States have had a reasonable opportunity to pursue or apprehend the insurrectionists, saboteurs, or enemies. (d) (1) An organization, unit, or detachment of the Maryland Defense Force shall surrender without unnecessary delay an individual apprehended in another state to the military or law enforcement force of: (i) the state of apprehension; or (ii) the United States. (2) The surrender of an individual apprehended under paragraph (1) of this subsection to the military or law enforcement forces of another state is not a waiver by this State of the right to extradite or prosecute the individual for a crime committed in this State.

Md. Code, Public Safety § 13-507

(a) A military force or an organization, unit, or detachment of a military force of another state that is in fresh pursuit of insurrectionists, saboteurs, or enemies may: (1) continue pursuit into this State until the military or law enforcement force of this State or the forces of the United States have had a reasonable opportunity to pursue or apprehend the insurrectionists, saboteurs, or enemies; and (2) arrest an insurrectionist, saboteur, or enemy apprehended in this State while in fresh pursuit. (b) A military force of another state that arrests an individual in this State shall surrender without unnecessary delay the individual to the military or law enforcement force of this State or the United States to be dealt with according to law. (c) (1) This section does not make unlawful an arrest in this State that would otherwise be lawful. (2) This section does not repeal any provision of the Uniform Act on Fresh Pursuit under Title 2, Subtitle 3, Part II of the Criminal Procedure Article.

Md. Code, Public Safety § 13-508

(a) (1) This title does not authorize the Maryland Defense Force to be ordered or drafted into the military service of the United States, except by order of the President of the United States acting pursuant to the Constitution and laws of the United States. (2) This provision may not be construed to prohibit service of the Maryland Defense Force or personnel thereof in missions in which federal military personnel are also serving or in command. (b) An individual is not exempt from military service under the laws of the United States because the individual is enlisted, commissioned, or appointed in the Maryland Defense Force.

Md. Code, Public Safety § 13-509

A commissioned officer of the Maryland Defense Force shall take the following oath of office: “I, ..............., do solemnly swear that I will support and defend the Constitution of the United States and the Constitution of the State of Maryland, against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I will obey the orders of the President of the United States and of the Governor of the State of Maryland; that I take this obligation freely, without any mental reservation or purpose of evasion, and that I will well and faithfully discharge the duties of the office of ................... in the Maryland Defense Force upon which I am about to enter, so help me God.”

Md. Code, Public Safety § 13-510

(a) (1) The Governor shall appoint and commission each commissioned officer or appoint each warrant officer of the organized militia on recommendation of the Adjutant General. (2) The appointments under paragraph (1) of this subsection do not require confirmation by the Senate of Maryland. (b) (1) Each individual commissioned or appointed as an officer or warrant officer must be: (i) an officer, warrant officer, or enlisted individual of the National Guard; (ii) a retired or former officer or warrant officer of the uniformed services or any auxiliary thereof; (iii) an individual with prior enlisted service in the uniformed services or a reserve component; (iv) a graduate of the United States Military Academy, Naval Academy, Coast Guard Academy, Merchant Marine Academy, Air Force Academy, or Uniformed Services University; (v) a graduate of a school, college, university, or officers’ training school who received instruction under the supervision of an officer of the uniformed services who certified the graduate’s fitness for appointment as a commissioned officer; or (vi) an individual not otherwise identified in items (i) through (v) of this paragraph who is specially qualified for service by achievement in any professional, technical, or public service capacity or otherwise displays extraordinary qualifications for commissioning as an officer of the Maryland Defense Force. (2) Except for a commission, an appointment, or a promotion awarded under subsection (f) of this section, before taking office, each member of the National Guard shall take the oath prescribed in § 13–407 of this title and each member of the Maryland Defense Force shall take the oath prescribed in § 13–509 of this subtitle. (c) When initially appointed, a general officer or colonel of the organized militia must: (1) be an officer in the National Guard of a grade of O–4 or higher; or (2) have served in the uniformed services or a reserve component with the grade of O–4 or higher. (d) When initially appointed, a lieutenant–colonel or major of the line must have had service as an officer for at least 2 years in the uniformed services or a reserve component. (e) Subsections (c) and (d) of this section do not apply in the case of: (1) officers promoted to the grade of major or above from within the Maryland Defense Force; or (2) officers qualified under subsection (b)(1)(vi) of this section. (f) The Governor may award a commission, an appointment, or a promotion under this section posthumously.

Md. Code, Public Safety § 13-601

(a) (1) On the recommendation of the Adjutant General, the Governor may grant to an officer of the organized militia a brevet commission of the next higher grade than the regular commission held by the officer. (2) The Governor may grant a brevet commission to an officer of the organized militia of a grade equal to the highest grade in which the officer previously served in the organized militia or in the armed forces. (b) A brevet commission carries only the rights or privileges that are allowed in like cases in the military service of the United States.

Md. Code, Public Safety § 13-602

A commission of an officer of the organized militia may be vacated: (1) on resignation; (2) through absence without leave for 3 months; (3) on recommendation of an efficiency board; (4) under a sentence of a court–martial; or (5) on conviction of a crime punishable by incarceration for 1 year or more in any state or federal court.

Md. Code, Public Safety § 13-603

(a) A commissioned officer of the organized militia tendering a resignation shall receive an honorable discharge if: (1) the Governor accepts the resignation; (2) the officer is not under arrest or returned to a military court for a deficiency or delinquency; (3) the officer is not indebted to the State; and (4) the accounts of the officer for money or public property are correct. (b) (1) If the Governor accepts the resignation of an officer who, at the time of the resignation, is under arrest, under charges, or returned to a military court for an offense, deficiency, or delinquency, the officer shall: (i) cease to be an officer; and (ii) receive a discharge in a form that the Governor directs. (2) An officer who resigns under paragraph (1) of this subsection is not eligible to receive a commission unless the officer: (i) reenlists; and (ii) performs at least 100% of duty in each year of the reenlistment for 2 successive years.

Md. Code, Public Safety § 13-701

(a) (1) If the militia of the State is ordered under the Constitution and laws of the United States into the active military service of the United States, the Governor may order out for active duty the organized militia. (2) If the number of organized militia available is insufficient, the Governor may order out the unorganized militia. (b) Each member of the unorganized militia who volunteers or is ordered out is subject to court-martial under this title for failure to appear at the time and place designated by the member’s commanding officer.

Md. Code, Public Safety § 13-702

(a) This section applies to the Maryland Defense Force and the National Guard. (b) The Governor may order the militia into State active duty: (1) in times of or on reasonable apprehension of imminent public crisis, disaster, rioting, catastrophe, insurrection, invasion, tumult, or breach of peace; (2) when martial law is declared; (3) to enforce the laws; or (4) to carry on any function of the militia of the State. (c) (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) The authority of the member extends throughout the State during the State active duty. (d) 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) cooperate with local law enforcement authorities; or (2) if the exigencies of the case require and subject only to order from the Governor: (i) direct and control local law enforcement authorities and the Department of State Police; and (ii) assume all the powers vested in these subordinated law enforcement authorities.

Md. Code, Public Safety § 13-703

(a) An officer, warrant officer, or noncommissioned officer may warn officers and enlisted individuals for duty by: (1) stating the substance of the order or reading the order to the individual warned; (2) leaving a copy of the order at the last known place of residence or business of the individual; (3) mailing a copy of the order to the last known residence or business address of the individual; or (4) sending the substance of the order via electronic communication, including telephone, cellular phone, facsimile, or electronic mail. (b) (1) If required by the officer issuing the order, the officer or noncommissioned officer giving warning shall make a return of warning containing the name of the individual warned and the time, place, and manner of warning. (2) A return of warning: (i) may be verified by the officer or noncommissioned officer’s oath, which may be administered by an officer; and (ii) if verified, at the trial of an individual returned as a delinquent is evidence of the facts stated in the return and is to be considered as if the officer or noncommissioned officer had testified to those facts before a court–martial at trial.

Md. Code, Public Safety § 13-704

(a) The rights granted to members of the National Guard by this section and § 13–704.1 of this subtitle shall be in addition to the rights granted to them by federal law, including the Servicemembers Civil Relief Act and the Uniformed Services Employment and Reemployment Rights Act. (b) (1) The following provisions of federal law shall be adopted as State law and applied to members of the National Guard as described therein. (2) The Servicemembers Civil Relief Act applies only when members of the National Guard are ordered to military duty under this title or Title 10 or Title 32 of the United States Code for a period of 14 consecutive days or longer. (3) The Uniformed Services Employment and Reemployment Rights Act applies to the following individuals when ordered to military duty for any period of time: (i) members of the National Guard when ordered to military duty under this title or Title 10 or Title 32 of the United States Code, whether or not the member is a resident of or employed in this State; and (ii) residents of this State who are members of the National Guard in another state or the District of Columbia, when ordered to military duty by the chief executive officer of that jurisdiction or under Title 10 or Title 32 of the United States Code. (c) (1) A member of the National Guard whose employment and reemployment rights under this section have been violated may bring a civil action for economic damages, including lost wages and benefits. (2) If the court determines that a member of the National Guard is entitled to judgment in an action filed under this subsection, the court may award the member: (i) any damages to which the member may be entitled under subsection (a) of this section; (ii) reasonable counsel fees and other costs; and (iii) any other appropriate relief.

Md. Code, Public Safety § 13-704.1

§13–704.1. (a) (1) In this section the following words have the meanings indicated. (2) “Eligible service member” means an individual engaged in military service. (3) “Eligible spouse” means the spouse of an eligible service member. (4) “Military service” means: (i) in the case of an individual who is a member or reserve member of the armed forces, full–time duty in the active military service, including: 1. full–time training duty; 2. annual training duty; and 3. attendance while at a school designated as a service school by federal law or by the secretary of the military department concerned; (ii) in the case of a resident of the State who is a member of a reserve component of the uniformed services, service under a call to: 1. active service authorized by the President of the United States, the Secretary of Defense, or the Secretary of Health and Human Services for a period of more than 30 days in response to a national emergency declared by the President of the United States; or 2. active duty for a period of more than 30 consecutive days; (iii) in the case of an individual who is a commissioned officer of the Public Health Service or the National Oceanic and Atmospheric Administration, active service; or (iv) any period during which an individual is absent from duty on account of sickness, wounds, leave, or other lawful cause. (b) This section is intended to supplement rights and protections provided in the federal Servicemembers Civil Relief Act (50 U.S.C. App. 501 et seq.). (c) (1) In addition to the rights and protections regarding consumer transactions, contracts, and service providers included in Title III of the federal Servicemembers Civil Relief Act (50 U.S.C. App. 531 through 538), an eligible service member or eligible spouse may terminate a contract described in paragraph (2) of this subsection at any time after the date the eligible service member receives official orders to relocate for a period of military service of at least 90 days to a location where the eligible service member would be unable to use the services under the contract. (2) This section applies to a contract to provide any of the following: (i) telecommunication services; (ii) Internet services; (iii) television services; (iv) athletic club or gym memberships; and (v) satellite radio services. (3) (i) An eligible service member or eligible spouse may terminate a contract under this section by delivering a written or electronic notice of the termination and a copy of the eligible service member’s official orders to the service provider. (ii) If an eligible service member or eligible spouse terminates a contract, the service provider shall provide the eligible service member or eligible spouse with a written or electronic notice of the eligible service member’s rights posted on the Maryland National Guard’s Internet website. (d) (1) If an eligible service member or eligible spouse terminates or suspends the provision of services under this section and the eligible service member is no longer in military service, the eligible service member or eligible spouse may reinstate the provision of service on the same terms and conditions as originally agreed to with the service provider before the termination or suspension on written notice to the provider that the eligible service member is no longer in military service. (2) Written notice under this subsection shall be given within 90 days after termination of the eligible service member’s military service. (e) An eligible service member or eligible spouse who terminates, suspends, or reinstates the provision of services under this section: (1) may not be charged a penalty, fee, loss of deposit, or any other additional cost because of the termination, suspension, or reinstatement; and (2) is not liable for payment for any services after the effective date of the termination or suspension, until the effective date of any reinstatement of services.

Md. Code, Public Safety § 13-705

(a) A member of the organized militia ordered into the active military service of the United States is relieved from duty in the organized militia during active military service of the United States. (b) (1) A member continues to serve in the organized militia on: (i) the termination of any emergency for which members of the organized militia have been ordered into the active military service of the United States; and (ii) being relieved from the active military service of the United States. (2) (i) An officer continues to serve in the organized militia as if the officer’s service was uninterrupted. (ii) An enlisted individual continues to serve in the organized militia until the dates when the individual’s enlistment, entered into before the individual’s order to active military service of the United States, would have expired if uninterrupted.

Md. Code, Public Safety § 13-706

(a) An officer or employee of the State, a county, or other political subdivision of the State who is a member of the organized militia is entitled to a leave of absence from duties, without loss of pay, time, or efficiency rating: (1) on each day engaged in field or coast defense or other training ordered or authorized under this title; or (2) under any law of the United States while on inactive duty training, not to exceed 15 days annually. (b) In addition to the 15–day period specified in subsection (a) of this section, a member of the organized militia who is ordered to State active duty under authority of the Governor is entitled to leave of absence without loss of pay, time, or efficiency rating while actually serving under the State active duty orders.

Md. Code, Public Safety § 13-707

(a) A member of the organized militia ordered into State active duty by proper authority is not liable civilly or criminally for any act done while discharging a duty. (b) (1) The court shall require a person to file security for the payment of costs that may be awarded to the defendant when the person prosecutes or begins a suit or proceeding: (i) against an officer of the organized militia for an act done by the officer in the officer’s official capacity in the discharge of a duty under this title; (ii) against a person acting under the authority or order of an officer of the organized militia; or (iii) by virtue of a warrant that an officer of the militia lawfully issues. (2) In all cases, the defendant may make a general denial and give evidence. (3) If the case is dismissed or a verdict or judgment is rendered against the plaintiff, the defendant shall recover treble costs.

Md. Code, Public Safety § 13-808.1

§13–808.1. All members of the organized militia may be subjected to nonjudicial punishment in accordance with the procedures and penalties adopted by the Adjutant General under § 13–302 of this title.

Md. Code, Public Safety § 13-811

(a) No excuse is valid for absence from an assembly except: (1) good faith absence from the place where the assembly is ordered; (2) illness of the individual that prevents the individual’s attention to ordinary pursuits; (3) sickness in the individual’s family that requires the individual’s personal care and presence; or (4) any other reason that the court finds satisfactory. (b) No excuse is valid for absence from an annual inspection except: (1) illness of the individual that would prevent attendance; or (2) illness in the individual’s family that requires the individual’s personal care and presence.

Md. Code, Public Safety § 13-901

(a) This section does not apply to the wearing of: (1) shoes, socks, shirts, ties, or scarfs; or (2) trousers, overalls, overcoats, raincoats, field jackets, or headgear from which the service buttons, insignia, and other distinctive markings have been removed. (b) Without authority under the laws of the United States or this State, a person may not wear a uniform or distinctive part of a uniform or an item similar to a uniform or a distinctive part of a uniform of: (1) the United States Army, Navy, Air Force, Marine Corps, Space Force, or Coast Guard; (2) the National Guard of this State, another state, or the United States; (3) the Maryland Defense Force; or (4) an auxiliary of any of the military units listed in this subsection. (c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 60 days or a fine of not less than $100 and not exceeding $500 or both.

Md. Code, Public Safety § 13-902

(a) This section does not apply to a member of the uniformed services, the organized militia of this State or another state, an officer of the Maryland Defense Force, or a member of associations wholly composed of service members, as defined in § 9–901 of the State Government Article, honorably discharged from the uniformed services. (b) A person may not: (1) hide, sell, dispose of, offer for sale, purchase, retain after a demand by a commissioned officer of the organized militia, or pledge any arms, uniforms, equipment, or other military property issued under this title; or (2) wear any of the following articles or objects prescribed by law for the use of the organized militia: (i) a uniform; (ii) a device, strap, knot, or insignia of any design or character that is used as a designation of grade, rank, or office; or (iii) an article or object similar to an article or object described in item (i) or (ii) of this item. (c) (1) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine of not less than $20 and not exceeding $50 for each offense. (2) (i) A fine imposed under paragraph (1) of this subsection shall be paid to the Adjutant General. (ii) The Adjutant General shall apply a fine paid under this paragraph to the use of the organized militia.

Md. Code, Public Safety § 13-903

(a) A person may not willfully: (1) misapply or convert to the person’s own use any money or other property belonging to the organized militia; or (2) on the lawful request of the proper officer, fail or refuse to deliver to the officer any money or other property that is in the possession of the person or for which the person is chargeable or accountable. (b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $500 or both.

Md. Code, Public Safety § 13-904

(a) A person who is the owner or who is an agent of the owner of a place of amusement or recreation open to the public may not refuse admission to an officer or enlisted individual of the uniformed services or the organized militia of this State or of another state because the officer or enlisted individual is in uniform. (b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 6 months or a fine not exceeding $500 or both.

Md. Code, Public Safety § 13-905

A member of the organized militia may not be arrested on any process not issued by a military authority while going to, remaining at, or returning from a place that the member is required to attend for military duty.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://mgaleg.maryland.gov/mgawebsite/Laws/StatutesFetched: 10/16/2026

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