LC 892 Legislature · 2025 Regular Session

Require official action to release Montana national guard to active duty combat

This bill, known as the "Defend the Guard Act," requires that the Montana National Guard can only be deployed to active combat duty if Congress officially declares war or takes specific constitutional action to call the militia into service. It directly affects Montana National Guard members and state officials by establishing a legal barrier against federal deployment without explicit congressional authorization for combat. The legislation defines "active duty combat" as participation in armed conflicts, hazardous foreign services, or war-related duties, while allowing the governor to continue authorizing the Guard for domestic emergencies, training, and non-combat federal missions. By codifying these restrictions into state law, the bill ensures that Montana's National Guard cannot be sent into combat without clear congressional approval, maintaining state control over military deployment decisions.
Bill status introduced 1 of 4 stages cleared
Introduction
Nov 2024
Committee Review
Floor Vote
Governor
Introduced Nov 6, 2024 Last action Feb 4, 2025
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