State Defense Force FAQ

What is a state defense force?

A state defense force is a military group created under the laws of a state government according to 32 USC Section 109. State Defense Forces are considered state troops and are generally not subject to call up for federal service.

"State Defense Force": is a collective name for those state militia forces belonging solely to a state. Their proper names may include titles such as "State Guard", "State Military Reserve," or "State Defense Force". The terms "state defense force" and "state guard" are often used interchangeably. Naval Militias created under 32 USC Section 109 are also considered state defense forces.

Federal law under 32 USC Section 109 gives a state the right to create a state defense force. The federal government does not create state defense forces. Only a state government can create a state defense force.

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United States Code Title 32, Section 109

32 - NATIONAL GUARD

CHAPTER 1 - ORGANIZATION

109. Maintenance of other troops

(a) In time of peace, a State or Territory, Puerto Rico, the Virgin Islands, or the District of Columbia may maintain no troops other than those of its National Guard and defense forces authorized by subsection (c).

(b) Nothing in this title limits the right of a State or Territory, Puerto Rico, the Virgin Islands, or the District of Columbia to use its National Guard or its defense forces authorized by subsection

(c) within its borders in time of peace, or prevents it from organizing and maintaining police or constabulary.

(c) In addition to its National Guard, if any, a State or Territory, Puerto Rico, the Virgin Islands, or the District of Columbia may, as provided by its laws, organize and maintain defense forces. A defense force established under this section may be used within the jurisdiction concerned, as its chief executive (or commanding general in the case of the District of Columbia) considers necessary, but it may not be called, ordered, or drafted into the armed forces.

(d) A member of a defense force established under subsection (c) is not, because of that membership, exempt from service in the armed forces, nor is he entitled to pay, allowances, subsistence, transportation, or medical care or treatment, from funds of the United States.

(e) A person may not become a member of a defense force established under subsection (c) if he is a member of a reserve component of the armed forces.

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Provisional State Defense Force - A fictitious term used by groups pretending to be in line to become a state defense force/state guard. Such groups are not state defense forces, and are not in line to become state defense forces and are operating outside the law.

Provisional State Guard - A fictitious term with the exact same meaning as
"Provisional State Defense Force".

State Guard Association - Adopting the title "State Guard Association" after the name of a state does not give that group any rights to the title of "state guard" in a state, unless the association is created by a state defense force that has first been created by the government of that state. In states where state defense forces do not exist, groups sometimes adopt the title of "state guard association", and pretend it places them in line to become a state defense force, when it does not.

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National Guard and Militias Fact Sheet

National Guard and Militias

State Defense Force
The State Defense Force is a form of militia and is authorized to the states by federal statute (Title 32 U.S. Code 109). State Defense Forces are not entities of the federal government. They are organized, equipped, trained, employed and funded according to state laws and are under the exclusive jurisdiction of the governor. Should the National Guard be mobilized for war, specialized operations such as humanitarian or peacekeeping missions or called into federal service during National emergencies, the State Defense Force will assume the National Guard's mission for the state's security.

Unorganized Militia
Some private individuals, without government sanction, have banded together and styled themselves "militias." These militias answer to no government, they have no formal or informal relationship with the National Guard and are not state recognized organizations. They are private organizations, some paramilitary in nature, that use the term militia in their names.

Self-Proclaimed Private Militias
Some private individuals, without government sanction, have banded together and styled themselves "militias." These militias answer to no government, they have no formal or informal relationship with the National Guard and are not state recognized organizations. They are private organizations, some paramilitary in nature, that use the term militia in their names.

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State Defense Forces National Guard Regulation 10-4 - 1987

State Defense Forces National Guard Bureau and State National Guard Interaction

http://www.geocities.com/michaelallengates/NationalGuardRegulation10-4.pdf

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National Guard Regulation 600-100 - 1994

d. Retired members may, however, wear their uniforms as members of the State Defense Forces when correctly altered IAW NGR 10-4. Retired members are authorized to wear their Federal uniforms on appropriate occasions such as: military ceremonies, military balls, etc.

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Army National Guard Regulation 350-3

30 March 1998

c. STARCEX. (1) The objective of this program is to provide STARCs with the opportunity to examine their mobilization responsibilities and to improve mobilization plans to support mobilized ARNG units. (2) In order to effectively prepare the STARC for this mission, an ongoing program for mobilization training must be established. Exercises will be conducted in conjunction with IDT and AT when possible. The program should focus on application and refinement of procedures the STARC performs under Mobilization Plans. One of the methods for assessing the effectiveness of this training is through a STARC Mobilization exercise (STARCEX). (3) The exercise design will be developed by the STARC. Use of external support is encouraged. As a minimum, the design should include an examination of the alert notification process, mobilization procedures for the STARC, organization and functions, mobilization plans, related regulations and the capability to support forces assigned in the respective state. If desired, State Defense Forces and Emergency Services play may be integrated into the scenario.

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Code of Federal Regulations, Title 32 National Defense, Chapter V, Part 501.3

Command Authority

(b) Federal Armed Forces committed in aid of the civil authorities will be under the command of, and directly responsible to, their military and civilian superiors through the Department of the Army chain of command. They will not be placed under the command of an officer of the State Defense Forces or of the National Guard not in the Federal service, or of any local or State civil official; any unlawful or unauthorized act on the part of such troops would not be excusable on the ground that it was the result of an order received from any such officer or official. As directed by the Army Chief of Staff, military commanders will be
responsive to authorized Federal civil officials.

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Army Regulation 670-1 (AR670-1)

Wear and Appearance of Army Uniforms and Insignia (February 2005)

o Updates and adds information on wear of uniform by retirees and former military members; authorizes State defense forces to wear the battle dress uniform (chap 30).


30–8. Wear of a uniform similar to the Army uniform

a. A person for whom one of the following uniforms is prescribed may wear the uniform, provided it includes distinctive insignia prescribed by the Secretary of the Army to distinguish it from the U.S. Army uniform.

(1) Instructors or members of an organized cadet corps at a state university, college, or public high school that has a regular course of military instruction will wear the uniform prescribed by the academic organization.

(2) Instructors or members of an organized cadet corps at an educational institution that has a regular course of military instruction in military science with an Army instructor, will wear the uniform prescribed by the academic organization.

(3) When authorized by regulations prescribed by the Secretary of the Army, members of a military society composed of persons discharged honorably or under honorable conditions from the U.S. Army may wear the uniform prescribed by the military society.

b. According to section 773(b), title 10, United States Code (10 USC 773(b)), none of the uniforms prescribed in paragraph a, above, may include insignia or grade the same as or similar to those prescribed for officers of the Army, Navy, Air Force, or Marine Corps.

c. State defense forces (SDF) may adopt the Army service and BDU uniforms, provided all service uniform buttons, cap devices, and other insignia differ significantly from that prescribed for wear by members of the U.S. Army. State insignia will not include “United States,” “U.S.,” “U.S. Army,” or the Great Seal of the United States. Personnel of the SDF may wear a State-designed SDF distinguishing badge or insignia centered on the left pocket flap. The red nametape or nameplate will include the full title of the SDF (for example, “Texas State Guard”). The utility uniforms will contain a State SDF tape in lieu of “U.S. Army” over the left breast pocket. States wishing to adopt the Army service and utility uniforms will register with the Chief, National Guard Bureau.


Glossary
Section I
Abbreviations

SDF
State Defense Forces


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What federal law makes AR 670-1 binding on State Defense Forces that desire to wear Army uniforms?


United States Code Title 10 > Subtitle A > Part II > Chapter 45

§ 771. Unauthorized wearing prohibited

Except as otherwise provided by law, no person except a member of the Army, Navy, Air Force, or Marine Corps, as the case may be, may wear—

(1) the uniform, or a distinctive part of the uniform, of the Army, Navy, Air Force, or Marine Corps; or

(2) a uniform any part of which is similar to a distinctive part of the uniform of the Army, Navy, Air Force, or Marine Corps.



§ 772. When wearing by persons not on active duty authorized

(a) A member of the Army National Guard or the Air National Guard may wear the uniform prescribed for the Army National Guard or the Air National Guard, as the case may be.

(b) A member of the Naval Militia may wear the uniform prescribed for the Naval Militia.

(c) A retired officer of the Army, Navy, Air Force, or Marine Corps may bear the title and wear the uniform of his retired grade.

(d) A person who is discharged honorably or under honorable conditions from the Army, Navy, Air Force, or Marine Corps may wear his uniform while going from the place of discharge to his home, within three months after his discharge.
(e) A person not on active duty who served honorably in time of war in the Army, Navy, Air Force, or Marine Corps may bear the title, and, when authorized by regulations prescribed by the President, wear the uniform, of the highest grade held by him during that war.

(f) While portraying a member of the Army, Navy, Air Force, or Marine Corps, an actor in a theatrical or motion-picture production may wear the uniform of that armed force if the portrayal does not tend to discredit that armed force.

(g) An officer or resident of a veterans’ home administered by the Department of Veterans Affairs may wear such uniform as the Secretary of the military department concerned may prescribe.

(h) While attending a course of military instruction conducted by the Army, Navy, Air Force, or Marine Corps, a civilian may wear the uniform prescribed by that armed force if the wear of such uniform is specifically authorized under regulations prescribed by the Secretary of the military department concerned.

(i) Under such regulations as the Secretary of the Air Force may prescribe, a citizen of a foreign country who graduates from an Air Force school may wear the appropriate aviation badges of the Air Force.

(j) A person in any of the following categories may wear the uniform prescribed for that category:

(1) Members of the Boy Scouts of America.

(2) Members of any other organization designated by the Secretary of a military department.


§ 773. When distinctive insignia required

(a) A person for whom one of the following uniforms is prescribed may wear it, if it includes distinctive insignia prescribed by the Secretary of the military department concerned to distinguish it from the uniform of the Army, Navy, Air Force, or Marine Corps, as the case may be:

(1) The uniform prescribed by the university, college, or school for an instructor or member of the organized cadet corps of—

(A) a State university or college, or a public high school, having a regular course of military instruction; or

(B) an educational institution having a regular course of military instruction, and having a member of the Army, Navy, Air Force, or Marine Corps as instructor in military science and tactics.

(2) The uniform prescribed by a military society composed of persons discharged honorably or under honorable conditions from the Army, Navy, Air Force, or Marine Corps to be worn by a member of that society when authorized by regulations prescribed by the President.

(b) A uniform prescribed under subsection (a) may not include insignia of grade the same as, or similar to, those prescribed for officers of the Army, Navy, Air Force, or Marine Corps.

(c) Under such regulations as the Secretary of the military department concerned may prescribe, any person who is permitted to attend a course of instruction prescribed for members of a reserve officers’ training corps, and who is not a member of that corps, may, while attending that course of instruction, wear the uniform of that corps.

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United States Code Title 18 Part I Chapter 33 Sec. 702.

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 33 - EMBLEMS, INSIGNIA, AND NAMES

Sec. 702. - Uniform of armed forces and Public Health Service

Whoever, in any place within the jurisdiction of the United States or in the Canal Zone, without authority, wears the uniform or a distinctive part thereof or anything similar to a distinctive part of the uniform of any of the armed forces of the United States, Public Health Service or any auxiliary of such, shall be fined under this title or imprisoned not more than six months, or both.

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Department of Defense Instruction
NUMBER 1100.19
February 20, 1986

E4.3.4. Continuous review shall be made of missions and capabilities for the effective wartime utilization on active duty of minimally disabled or overage personnel with current or prior military service, including the study of assignments which directly support State defense forces, civil defense, or other aspects of the internal defense of the United States and its possessions.

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U.S. Supreme Court
PERPICH v. DEPARTMENT OF DEFENSE, 496 U.S. 334 (1990)
496 U.S. 334

PERPICH, GOVERNOR OF MINNESOTA, ET AL. v. DEPARTMENT OF DEFENSE ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT

No. 89-542.

Argued March 27, 1990
Decided June 11, 1990

[ Footnote 25 ]
The Governor contends that the state defense forces are irrelevant to this case because they are not subject to being called forth by the National Government and therefore cannot be militia within the meaning of the Constitution. We are not, however, satisfied that this argument is persuasive. First, the immunity of those forces from impressment into the national service appears - if indeed they have any such immunity - to be the consequence of a purely statutory choice, and it is not obvious why that choice should alter the constitutional status of the forces allowed the States. Second, although we do not believe it necessary to resolve the [496 U.S. 334, 353] issue, the Governor's construction of the relevant statute is subject to question. It is true that the state defense forces "may not be called, ordered, or drafted into the armed forces." 32 U.S.C. 109(c). It is nonetheless possible that they are subject to call under 10 U.S.C. 331-333, which distinguish the "militia" from the "armed forces," and which appear to subject all portions of the "militia" - organized or not - to call if needed for the purposes specified in the Militia Clauses. See n. 21, supra.

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State Guard Association of the United States, Inc.
http://www.sgaus.org

The State Guard Association of the United States or SGAUS is a private organization that has been used to try and bring all state defense forces together in cooperation. It is not a federal or state government created organization and it has no power over existing state defense forces and has no power to create state defense forces. It's power comes from the cooperation of individual members of state defense forces who wish to better the situation of state defense forces in general.

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"Homeland Defense Forces for Homeland Defense and Homeland Security Missions"

Department of Defense Report

Eleven Pages / Adobe format / 777.24kb

November 8th, 2005

There is an important section in this report on state defense forces that could have an impact on state defense forces in the future.

www.geocities.com/michaelallengates/DoDReportonSDFNov.20051.pdf

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The Missing Link Stein - 1984

http://www.geocities.com/michaelallengates/SDFsTheMissingLinkStein1984.pdf

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State Defense Force Books

The American Home Guard: The State Militia in the Twentieth Century
(Texas a & M University Military History Series)
by Barry M. Stentiford
Hardcover: 319 pages
Publisher: Texas A&M University Press; 1st edition (June 2002)
Language: English
ISBN: 1585441813
Product Dimensions: 9.7 x 6.3 x 1.2 inches


Cloth Insignia of the U.S. State Guards and State Defense Forces
by Richard W. Smith
Hardcover & Softcover: 156 pages


State Defense Force Manual
1941 - Harrisburg, PA - 583 pages / softcover.
Editions range from 1941-1950 with increased pages over the years.


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THE 2006 TABLE OF SELECTED STATE MILITIA LAWS

http://www.geocities.com/michaelallengates/TableStateMilitiaLaws2006.pdf

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Parameters, Winter 2003-2004

http://www.geocities.com/michaelallengates/ParametersWinter2003-2004.pdf

State Defense Forces and Homeland Security
ARTHUR N. TULAK, ROBERT W. KRAFT, and DON SILBAUGH

Note: This report mistakenly lists Florida, North Carolina and Pennsylvania as having state defense forces/state guards. The groups listed below are in reality private groups and are not state defense forces.

Florida State Defense Force
North Carolina State Guard
Pennsylvania State Military Reserve

Florida, North Carolina and Pennsylvania do not have state defense forces.

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'State Defense Force Improvement Act of 2005'

109th CONGRESS

1st Session

H. R. 3401

To amend title 32, United States Code, to improve the readiness of State defense forces and to increase military coordination for homeland security between the States and the Department of Defense.

IN THE HOUSE OF REPRESENTATIVES

July 21, 2005
Mr. WILSON of South Carolina (for himself, Mr. DAVIS of Tennessee, Mr. NORWOOD, Mr. WESTMORELAND, Mr. RADANOVICH, Mr. MCCOTTER, Mr. SCOTT of Georgia, Mr. MILLER of Florida, Mr. SPRATT, Mr. BURTON of Indiana, and Mr. FORTUN.AE6O) introduced the following bill; which was referred to the Committee on Armed Services

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A BILL

To amend title 32, United States Code, to improve the readiness of State defense forces and to increase military coordination for homeland security between the States and the Department of Defense.


Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `State Defense Force Improvement Act of 2005'.

SEC. 2. FINDINGS.

Congress makes the following findings:

(1) Domestic threats to national security and the increased use of National Guard forces for out-of-State deployments greatly increase the potential for service by members of State defense forces established under section 109(c) of title 32, United States Code.

(2) The efficacy of State defense forces is impeded by lack of clarity in the Federal regulations concerning those forces, particularly in defining levels of coordination and cooperation between those forces and the Departments of Defense and Homeland Security.

(3) The State defense forces suffer from lack of standardized military training, arms, equipment, support, and coordination with the Departments of Defense and Homeland Security and other Federal agencies as a result of real and perceived Federal regulatory impediments.

SEC. 3. RECOGNITION OF STATE DEFENSE FORCES.

(a) In General- Section 109 of title 32, United States Code, is amended--

(1) by redesignating subsections (d) and (e) as subsections (l) and (m), respectively;

(2) by inserting after subsection (c) the following new subsections:

`(d) Recognition- Congress hereby recognizes forces established under subsection (c) as an integral military component of the Nation's homeland security effort, while reaffirming that those forces remain entirely State regulated, organized, and equipped and recognizing that those forces will be used for homeland security purposes exclusively at the local level and in accordance with State law.

`(e) Assistance by Department of Defense- (1) The Secretary of Defense is authorized to coordinate homeland security efforts with, and to provide assistance to, a defense force established under subsection (c) to the extent such assistance is requested by a State or by a force established under subsection (c) and subject to the provisions of this section.

`(2) The Secretary may not provide assistance under paragraph (1) if, in the judgment of the Secretary, such assistance would--

`(A) impede the ability of the Department of Defense to execute missions of the Department;

`(B) take resources away from warfighting units;

`(C) incur nonreimbursed identifiable costs; or

`(D) consume resources in a manner inconsistent with the mission of the Department of Defense.

`(f) Assistance by Department of Homeland Security- The Secretary of Homeland Security is authorized to coordinate homeland security efforts with, and to provide assistance to, a defense force established under subsection (c) to the extent such assistance is requested by a State or by a force established under subsection (c) if so authorized by State law, and subject to the provisions of this section.

`(g) Use of Department of Defense Property and Equipment- The Secretary of Defense may authorize qualified personnel of a force established under subsection (c) to use and operate property, arms, equipment, and facilities of the Department of Defense as needed in the course of training activities and State active duty

`(h) Transfer of Excess Equipment- (1) The Secretary of Defense may transfer to a State or a force established under subsection (c) any personal property of the Department of Defense that the Secretary determines is--

`(A) excess to the needs of the Department of Defense; and

`(B) suitable for use by a force established under subsection (c).

`(2) The Secretary of Defense may transfer personal property under this section only if--

`(A) the property is drawn from existing stocks of the Department of Defense;

`(B) the recipient force established under subsection (c) accepts the property on an as-is, where-is basis;

`(C) the transfer is made without the expenditure of any funds available to the Department of Defense for the procurement of defense equipment; and

`(D) all costs incurred subsequent to the transfer of the property are borne or reimbursed by the recipient.

`(3) Subject to paragraph (2)(D), the Secretary may transfer personal property under this section without charge to the recipient force established under subsection (c).

`(i) Federal/State Training Coordination- (1) Participation by a force established under subsection (c) in a training program of the Department of Defense or Department of Homeland Security is at the discretion of the State.

`(2) Nothing in this section may be construed as requiring the Department of Defense or Department of Homeland Security to provide any training program to any such force.

`(3) Any such training program shall be conducted in accordance with an agreement between--

`(A) the Secretary of Defense or Secretary of Homeland Security, as the case may be; and

`(B) the State or the force established under subsection (c) if so authorized by State law.

`(4) Any direct costs to the Department of Defense of providing training assistance to a force established under subsection (c) shall be reimbursed by the State. Any agreement under paragraph (3) between the Department of Defense and a State or a force established under subsection (c) for such training assistance shall provide for payment of such costs.

`(j) Federal Funding of State Defense Forces- Funds available to the Department of Defense may not be made available to a State defense force.

`(k) Liability- Any liability for injuries or damages incurred by a member of a force established under subsection (c) while engaged in training activities or State active duty shall be the sole responsibility of the State, regardless of whether the injury or damage was incurred on United States property or involved United States equipment or whether the member was under direct supervision of United States personnel at the time of the incident.'; and

(3) by adding at the end the following new subsection:

`(n) Definition- In this section, the term `State' includes the District of Columbia, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands.'.

(b) Conforming Amendments- Such section is further amended in subsections (a), (b), and (c) by striking `or Territory,' and all that follows through `of Columbia'.

(c) Clerical Amendments-

(1) SECTION HEADING- The heading of such section is amended to read as follows:

`Sec. 109. Maintenance of other troops: State defense forces'.

(2) CLERICAL AMENDMENT- The item relating to such section in the table of sections at the beginning of chapter 1 of such title is amended to read as follows:

`109. Maintenance of other troops: State defense forces.'.

END

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Annual Report of the Reserve Forces Policy Board

April 2004 - page 35

The demands of warfighting in the 21st century and insuring post-conflict stabilization demand new thinking and approaches for how the RC can best contribute to this effort. The RFPB is working with others and doing independent research concerning the viability of expanded use of Auxiliaries and recalled retirees; utilizing authority that exists for creating a Temporary Reserve; expanding use of State Defense Forces; and, examining other mechanisms that will meet the needs of the military and contribute to a new paradigm of what Reserve service can mean. For example, the Board has an active program of engaging senior business leaders regarding national security issues that particularly impact them and their employees who are RC members. The RFPB has discovered they are interested in supporting various new initiatives that contain real possibilities for developing active volunteerism with the business community. Typically, these are senior level business persons who may or may not have had previous military experience, but they have a skill that is needed in the context of stability and reconstruction operations and they are willing, for a short time, to serve in the military when the Nation requires their skills–a true example of the Citizen Patriot.

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