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State Defense Forces (also known as State Guards, State Military Reserves, or State Militias) in the United States are military units that operate under the sole authority of a state government, although they are regulated by the National Guard Bureau (specifically the Army National Guard).^[1] State Defense Forces are authorized by state and federal law and are under the command of the governor, as State Defense Forces are distinct from the National Guard in that they are not federal entities (all National Guard units were federalized under the National Defense Act of 1933 (National Guard Mobilization Act) with the creation of the National Guard of the United States). The federal government recognizes State Defense Forces under 32 USC 109 which provides that State Defense Forces "may not be called, ordered, or drafted into the armed forces" (of the United States), thus preserving their separation from the National Guard.

Although every state has laws authorizing State Defense Forces, approximately twenty-five states, in addition to Puerto Rico, currently have active State Defense Forces, each with different levels of activity, state support, and strength. SDFs generally operate with emergency management and homeland security missions. Most SDFs are organized as Army units, but Air Force and Maritime units (distinct from naval militias) also exist.

Contents 1 Origins 2 Organization 3 Future 4 Federal activation 5 List of current State and Territory Defense Forces 6 See also 7 External links 8 Discussion Groups 8.1 Federal bills regarding use of the State Defense Forces 9 References

From its founding until the early 1900s, the United States maintained only a minimal army and relied on state militias to supply the majority of its troops. In 1903, the predecessor to the modern-day National Guard was formed to augment the militia and Regular Army with a federally controlled reserve force. In 1933, Congress finalized the split between the National Guard and the State Defense Force by mandating that all federally-funded soldiers take a dual enlistment/commission and thus enter both the state National Guard (Title 32) and the National Guard of the United States (Title 10). This division forced states to maintain both a National Guard and a State Defense Force if they desired to have non-federal soldiers. During World War II, much of the National Guard was deployed on federal duty. Many states continued to maintain distinct state militias (some building on ones that never ceased to exist) to defend their own territories and shorelines.

A new emphasis was placed on State Defense Forces in the 1980s, at the height of the Cold War. State Defense Forces were seen as a civil defense force in the event of a war with the Soviet Union where all National Guard units would be called up and presumably sent overseas.

Following the collapse of the Soviet Union, many SDFs saw a reduction in support and interest from states. However, with the recent emphasis on homeland security due to the September 11 attacks, SDFs are receiving new attention at the state and the federal levels as a trained corps of responders that can be called upon to assist authorities in the event of major emergencies. State defense forces have been called upon to carry out such varied missions as helping to provide security during the G-8 summit at Sea Island, Georgia in 2004 and assisting in the aeromedical evacuation of victims of Hurricanes Katrina and Rita in 2005.

Most states organize their State Defense Force in parallel to their National Guard force (both Air and Army), having it report to the governor through the adjutant general. State Defense Forces are usually not funded by the federal government in any way. In most states, members act on a completely volunteer basis, have to purchase their own uniforms and most, if not all, of their own equipment, and must supply their own arms (if armed).

Efforts are being made in Congress to better integrate the State Defense Forces into a larger Homeland Security strategy. This might involve enabling the Secretary of Defense to coordinate with, loan equipment to, and provide training for the State Defense Forces. Even absent such federal support, as State Defense Forces become increasingly more "professionalized" in terms of the quality of their recruits, training, and state-level funding, they are sure to perform an increasingly significant--and more visible--role alongside other, more established, responders.

The U.S. Constitution, coupled with several statutory and case laws, details the relationship of the State Defense Forces to the federal government. Outside 32 USC 109, the U.S. Supreme Court ruled: "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" Perpich v. Department of Defense, 496 U.S. 334 (1990). The following is an extract of the laws which the U.S. Supreme Court cited giving the federal government authority to activate the State Defense Forces.

10 USC 331 - “Federal aid for State governments”

Whenever there is an insurrection in any State against its government, the President may, upon the request of its legislature or of its governor if the legislature cannot be convened, call into Federal service such of the militia of the other States, in the number requested by that State, and use such of the armed forces, as he considers necessary to suppress the insurrection.

10 USC 332 – “Use of militia and armed forces to enforce Federal authority”

Whenever the President considers that unlawful obstructions, combinations, or assemblages, or rebellion against the authority of the United States, make it impracticable to enforce the laws of the United States in any State or Territory by the ordinary course of judicial proceedings, he may call into Federal service such of the militia of any State, and use such of the armed forces, as he considers necessary to enforce those laws or to suppress the rebellion.

10 USC 333 – “Interference with State and Federal law”

The President, by using the militia or the armed forces, or both, or by any other means, shall take such measures as he considers necessary to suppress, in a State, any insurrection, domestic violence, unlawful combination, or conspiracy, if it -

(1) so hinders the execution of the laws of that State, and of the United States within the State, that any part or class of its people is deprived of a right, privilege, immunity, or protection named in the Constitution and secured by law, and the constituted authorities of that State are unable, fail, or refuse to protect that right, privilege, or immunity, or to give that protection; or

(2) opposes or obstructs the execution of the laws of the United States or impedes the course of justice under those laws.

In any situation covered by clause (1), the State shall be considered to have denied the equal protection of the laws secured by the Constitution.

A 2005 Department of Defense report reported 27 active SDFs.

State or Territory	Army Division	Naval Division
Alabama	Alabama State Defense Force [1]	none
Alaska	Alaska State Defense Force [2]	Alaska Naval Militia [3]
Arizona	none	none
Arkansas	none	none
California	California State Military Reserve [4]	California State Military Reserve Naval Militia [5]
Colorado	none	none
Connecticut	Connecticut State Militia Units [6]	none
Delaware	none	none
District of Columbia	none	none
Florida	none	none
Georgia	Georgia State Defense Force [7]	none
Hawai'i	none	none
Idaho	none	none
Indiana	Indiana Guard Reserve [8]	none
Illinois	none	none
Iowa	none	none
Kansas	none	none
Kentucky	none	none
Louisiana	none	none
Maine	none	none
Maryland	Maryland Defense Force [9]	none
Massachusetts	Massachusetts State Guard [10]	none
Michigan	Michigan Volunteer Defense Force [11]	none
Minnesota	none	none
Mississippi	Mississippi State Guard [12]	none
Missouri	none	none
Montana	none	none
Nebraska	none	none
Nevada	none	none
New Hampshire	none	none
New Jersey	none	New Jersey Naval Militia [13]
New Mexico	New Mexico State Defense Force [14]	none
New York	New York Guard [15]	New York Naval Militia [16]
North Carolina	none	none
North Dakota	none	none
Ohio	Ohio Military Reserve [17]	Ohio Naval Militia [18]
Oklahoma	none	none
Oregon	Oregon State Defense Force [19]	none
Pennsylvania	none	none
Puerto Rico	Puerto Rico State Guard [20]	none
Rhode Island	none	none
South Carolina	South Carolina State Guard [21]	none
South Dakota	none	none
Tennessee	Tennessee State Guard [22]	none
Texas	Texas State Guard [23]	Texas State Guard Maritime Regiment [24]
Utah	none	none
Vermont	Vermont State Guard [25]	none
U.S. Virgin Islands	none	none
Virginia	Virginia State Defense Force [26]	none
Washington	Washington State Guard [27]	none
West Virginia	none	none
Wisconsin	inactive (see article)	none
Wyoming	none	none

• Awards and decorations of the State Defense Forces
• Naval militia

• Go State Defense Force - Recruiting Website
• Home Guard Armory - News/Articles of The State Defense Forces
• State Guard Association of the United States

• VAJoe.com - State Defense Force Discussion Forum

• 2003 House Resolution #2797: Guard in relation to Homeland Security
• 2005 House Resolution #3401: Guard in relation to Homeland Security
• 2006 Senate Resolution #2767: Proposed use of Armed Forces and Guard in times of emergency
• 2007 House Resolution #826: State Defense Force Improvement Act