Originally posted by gallagheria:
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Originally posted by Rousterga:
I am a member of the Georgia State Defense force and (while telling others who we are what what we are all about) am always asked the question(if the person were to join)"Would I ever be asked to serve outside Georgia...The answer of course is no.....unless we were to be federalized.
My question is this (am only asking so that I can give more informed answers); in realitivty modern history, say after WW1, have there been instances where a state defense force or state guard has been asked to serve OUTSIDE their home state (does not have to be outside the US; just asked to serve outside their home state)...?
Rousterga, under Georgia law, SDF's can be deployed outside the state. It is similar to the common misconception that police cannot chase a criminal outside their jurisdiction. There are many laws that address crossing boundaries and jurisdictions while in pursuit, or even during investigation. The same holds true for the SDF. Under Georgia law, the governor is specifically authorized to deploy the SDF anywhere he desires. This is usually done in coordination with other states either through state compacts or federal regulations and law. We have discussed many times the Supreme Court decision of Perpich v. Department of Defense when the court ruled that SDF's were not immune to the Militia Laws, which specifically state that the president as commander in chief, can call forth the state militias. The court specifically mentioned SDF's as not being exempt constitutionally from being called forth by the president for domestic use.
As for Georgia, here are the laws that specifically authorize the governor to deploy the SDF outside the state.
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§ 38-2-3. Division and composition of militia; membership of unorganized militia
(a) The militia of the state shall be divided into the organized militia, the state reserve list, the state retired list, and the unorganized militia.
(b) The organized militia shall be composed of:
(1) An Army National Guard and an Air National Guard which forces, together with an inactive National Guard, when such is authorized by the laws of the United States and regulations issued pursuant thereto, shall comprise the Georgia National Guard;
(2) The Georgia Naval Militia whenever such a state force shall be duly organized; and
(3) The State Defense Force whenever such a state force shall be duly organized.
(c) The state reserve list and the state retired list shall include the persons who are lawfully carried thereon and such persons as may be transferred thereto or placed thereon by the Governor in accordance with this chapter.
(d) Subject to such exemptions from military duty as are created by the laws of the United States, the unorganized militia shall consist of all able-bodied male residents of the state between the ages of 17 and 45 who are not serving in any force of the organized militia or who are not on the state reserve list or the state retired list and who are, or who have declared their intention to become, citizens of the United States.
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§ 38-2-90. Service outside state; application of state military law to such service
(a) The Governor may order the organized militia or any part thereof to serve outside the borders of the state or of the United States in order to perform military duty of every description; to participate in parades, reviews, cruises, conferences, encampments, maneuvers, or other training; to participate in small arms and other military competitions; and to attend service schools.
(b) This chapter shall apply to the members of the organized militia while serving outside the state and while going to and returning from such service outside the state in like manner and to the same extent as while serving within the state.
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§ 38-2-91. Rendering assistance to another state's armed forces; Governor's request and recall; requesting assistance for this state
(a) Upon the request of the governor of another state, the Governor in his discretion may order all or any portion of the organized militia to assist the military or police forces of the other state who are actually engaged in defending the other state. Such forces may be recalled by the Governor at his discretion.
(b) The Governor in his discretion may request the governor of another state to order all or any portion of the organized militia of the other state to assist the military or police forces of this state who are actually engaged in defending this state.
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§ 38-2-92. Fresh pursuit into or beyond state; surrender; surrender not waiver of extradition
(a) Any organization, unit, or detachment of the organized militia, 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 the militia organization, unit, or detachment or until the military 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, however, that the other state shall have given authority by law for the pursuit by the forces of this state. Any such persons who shall be apprehended or captured in the 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 they are taken or to the United States; but the surrender shall not constitute a waiver by this state of its right to extradite or prosecute the persons for any crime committed in this state.
(b) Any military forces or organization, unit, or detachment thereof of another state which is in fresh pursuit of insurrectionists, saboteurs, enemies, or 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 a reasonable opportunity to take up the pursuit or to apprehend or capture such persons and are authorized to arrest or capture the persons within this state while in fresh pursuit. Any such persons who shall be captured or arrested by the military forces of the 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. This Code section shall not be construed so as to make lawful any arrest in this state which would otherwise be unlawful.
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§ 38-2-93. Compacts for military aid authorized
(a) The Governor is authorized to enter into, amend, supplement, and implement agreements or compacts with the executive authorities of other states providing for mutual military aid and matters incidental thereto, in case of invasion or other hostile action, disaster, insurrection, or imminent danger thereof.
(b) The agreements or compacts may include but shall not be limited to provisions for joint military action against a common enemy; for the protection of bridges, tunnels, ferries, pipelines, communication facilities, and other vital installations, plants, and facilities; for the military support of emergency management agencies; for the fresh pursuit, by the organized militia or military forces or any part thereof of a state into the jurisdiction of any other state, of persons acting or appearing to act in the interest of an enemy government or seeking or appearing to seek to overthrow unlawfully the government of the United States or any state; for the powers, duties, rights, privileges, and immunities of the members of the organized militia or military forces of any state while so engaged outside their own jurisdiction; for such other matters as are of military nature, or incidental thereto, and which the Governor may deem necessary or proper to promote the health, safety, defense, and welfare of the people of this state; and for the allocation of all costs and expenses arising from the planning and operation of the agreements or compacts.
