Title 38 — Title 38
0 chapters · 318 sections in this title.
O.C.G.A. § 38-2-194 CONCEALED WEAPONS
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Carrying weapons generally. Emergency management. State seizure, possession prohibitions, carry restrictions for license holders, registration requirements. Prohibited, §38-3-37. COMMANDER OF STATE DEFENSE FORCE. Brigadier general, §38-2-50. COMMISSIONS. Behavioral health reform …
O.C.G.A. § 38-2-195 Use of armories and other facilities
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(a) Armories and other facilities which are owned, leased, and operated by the state will not be used at any time by others when the use will interfere in any way with the functions and training of the organized militia unit or units occupying the same. (b) The use of armories an…
O.C.G.A. § 38-2-2 Definitions
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As used in this chapter, the term: (1) ‘‘Active military service of the United States’’ and ‘‘in the armed forces of the United States’’ mean full-time duty in the army, navy, marine corps, air force, or coast guard of the United States. (2) ‘‘Active service’’ and ‘‘active duty’’…
O.C.G.A. § 38-2-20 Land force; Army National Guard
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The land force of the organized militia shall be the Army National Guard and shall comprise the army units which are a part of the Georgia National Guard, including the personnel who are enlisted, appointed, or commissioned therein. All persons who are members of the Army Nationa…
O.C.G.A. § 38-2-21 Air force; Air National Guard
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The air force of the organized militia shall be the Air National Guard and shall comprise the air units which are a part of the Georgia National Guard, including the personnel who are enlisted, appointed, or commissioned therein. All persons who are members of the Air National Gu…
O.C.G.A. § 38-2-211 Qualifications
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(a) No person shall be appointed or promoted as a commissioned officer of the organized militia unless he shall have passed such examination as to his physical, moral, and professional qualifications as may be prescribed by the laws of the United States and by this chapter and the…
O.C.G.A. § 38-2-212 Assignment and transfer
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Commissioned officers may be assigned, reassigned, transferred, or detailed to and from units within the Army National Guard, to and from units within the Air National Guard, and to and from units within the Georgia Naval Militia as prescribed by the laws of the United States and…
O.C.G.A. § 38-2-213 Oath of office; by whom administered
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Every commissioned officer of the organized militia shall take and subscribe the oath of office prescribed for officers of the organized militia by the applicable laws of the United States and regulations issued pursuant to this chapter. The oath shall be taken and subscribed bef…
O.C.G.A. § 38-2-214 Uniforms and equipment
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Every commissioned officer shall provide himself with such uniforms and articles of equipment as may be prescribed by regulations issued pursuant to this chapter. History. — Ga. L. 1916, p. 158, § 3; Code 1933, § 86-1003; Ga. L. 1955, p. 10, § 44. 38-2-215. Efficiency and medical…
O.C.G.A. § 38-2-215 Consideration by, §38-2-215
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Discharge, §38-2-216. Powers, §38-2-216. Procedure for appearances, §38-2-216. Transfer to reserve or retired list, §38-2-216. Equipment, §38-2-214.
O.C.G.A. § 38-2-216 Equipment, §38-2-214
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Filling of vacancies, §38-2-210. Grounds for removal, §38-2-210. Absence without leave, §38-2-218. Medals, §38-2-283. Medical examining boards, §§38-2-215, 38-2-216. National guard officers.
O.C.G.A. § 38-2-217 Generally, §38-2-217
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Officers accountable for military property, etc., §38-2-217. State reserve list. Transfer upon request, §38-2-8. State retired list. Transfer upon request, §38-2-9. Transfer, §38-2-212. Trustees in military units as societies, §38-2-278. Types of discharge after resignation, §38-…
O.C.G.A. § 38-2-218 Absence without leave
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Any commissioned officer of the organized militia who absents himself without leave for three months may be dismissed by the Governor. History. — Ga. L. 1955, p. 10, § 48; Ga. L. 1969, p. 228, § 2. 38-2-219. Warrant officers.
O.C.G.A. § 38-2-219 Warrant officers
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The provisions of this article relating to commissioned officers shall apply to warrant officers and commissioned warrant officers except that warrant officers who have been absent without leave may be discharged as may be prescribed by the applicable laws of the United States an…
O.C.G.A. § 38-2-22 Naval force; Naval Militia
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(a) The naval force of the organized militia shall be the Georgia Naval Militia and shall comprise the units and personnel forming the Naval Militia of the state as may be organized, including the personnel who are enlisted, appointed, or commissioned therein. All persons who sha…
O.C.G.A. § 38-2-23 State Defense Force
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The State Defense Force, whenever such a state force shall be duly organized under the Constitutions and laws of the United States and of this state, shall be a force of the organized militia. History. — Ga. L. 1955, p. 10, § 30; Ga. L. 1985, p. 356, § 3. 38-2-24. Organizational …
O.C.G.A. § 38-2-230 State retired list
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Transfer upon request, §38-2-9. Termination of appointment, §38-2-232. Transfer, §38-2-230.
O.C.G.A. § 38-2-231 Contract and oath of enlistment; penalty
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Every person who enlists or reenlists in any force of the organized militia shall sign an enlistment contract and shall take and subscribe such oath or affirmation of enlistment as may be prescribed by the applicable laws of the United States and by regulations issued pursuant to…
O.C.G.A. § 38-2-232 Transfer, §38-2-230
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Funerals for veterans. Use of national guard as honor guards, §38-2-12. Governor.
O.C.G.A. § 38-2-233 Discharges; conditions; form
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(a) An enlisted person may be discharged from any force of the organized militia prior to the expiration of his term of enlistment under such conditions as may be prescribed by applicable laws of the United States and by this chapter and regulations issued pursuant thereto. (b) A…
O.C.G.A. § 38-2-234 Absent without leave; dropping from rolls
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When an enlisted person of the organized militia absents himself without leave for three months and there is reason to believe that he does not intend to return, he may be dropped from the rolls under such regulations as may be prescribed pursuant to this chapter. History. — Ga. …
O.C.G.A. § 38-2-24 Organizational and training guidelines
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The forces of the organized militia shall be organized, armed, disciplined, governed, administered, and trained as prescribed by the laws of the United States and by this chapter and the regulations issued thereunder. History. — Ga. L. 1951, p. 311, § 20; Ga. L. 1955, p. 10, § 31…
O.C.G.A. § 38-2-250 Pay while on active service; special duty; travel expenses; minimum base pay
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(a) Each member of the militia ordered into the active service of the state pursuant to Code Sections 38-2-6, 38-2-6.1, and 38-2-72 or Code Section 45-12-31 or 45-12-34, shall receive for each day of such duty the same pay and allowances received by members of the appropriate for…
O.C.G.A. § 38-2-252 Uniform allowance for officers
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Whenever the military fund will permit, the Governor, in his discretion, may prescribe an allowance to officers to cover the expense of their uniforms, arms, and equipment. History. — Ga. L. 1916, p. 158, § 3; Code 1933, § 86-1002; Ga. L. 1951, p. 311, § 21; Ga. L. 1955, p. 10, §…
O.C.G.A. § 38-2-26 State militia
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Acceptance of federal funds, §38-2-193. Trespassing upon camps, §38-2-306. CARRYING WEAPONS. Emergency management. State seizure, possession prohibitions, carry restrictions for license holders, registration requirements. Prohibited, §38-3-37. CEMETERIES. Veterans’ affairs. War v…
O.C.G.A. § 38-2-270 Peace officers
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Developmentally disabled, habilitation, §37-4-6. Mentally ill patients, §37-3-4.
O.C.G.A. § 38-2-273 Honor guards for veterans’ funerals
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Use of national guard, §38-2-12. Insignia. Awards and medals generally, §38-2-283. Unlawful wearing of, §38-2-275.
O.C.G.A. § 38-2-274 Unlawful conversion of military property; penalty
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(a) It shall be unlawful for any person to secrete, sell, dispose of, offer for sale, purchase, retain after demand by a commissioned officer of the organized militia, or in any manner pawn or pledge any arms, uniforms, equipment, or other military property issued under this chap…
O.C.G.A. § 38-2-275 Unorganized militia
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Applicable regulations, §38-2-70. Compensation, §38-2-72. Draftees serving in organized militia, §38-2-72. Draft of members, §38-2-72.
O.C.G.A. § 38-2-276 Exemptions from jury duty and street tax
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Officers and enlisted personnel of the organized militia shall be exempt from street tax and, while serving on ordered active duty, from jury duty, any local or special laws to the contrary notwithstanding. The commanding officer of each or any force of the organized militia shal…
O.C.G.A. § 38-2-277 Unorganized militia
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Failure to appear for registration or draft, §38-2-73. Wearing uniforms and devices indicating rank, §38-2-275. MISSILES. Civil disturbances. Duty of citizens to disburse when missile thrown, §38-2-304. MOTION PICTURES. Child labor. Applicability of provisions, §39-2-18. MOTOR VE…
O.C.G.A. § 38-2-278 DEFINED TERMS
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Accusers. Code of military justice, §38-2-1001. Active duty. Militia, §38-2-2. Active military service of the United States. Militia, §38-2-2. Active service. Militia, §38-2-2. Addictive disease. Mental health, §37-1-1. Advanced emergency medical technicians (AEMT). Recognition o…
O.C.G.A. § 38-2-279 RADIOLOGICAL ACCIDENTS
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State agencies and authorities. Safety plans addressing threat of terrorism, natural disasters, hazardous materials or radiological accidents. Required of all state agencies and authorities, exceptions, §38-3-22.1. PUBLIC RECORDS.
O.C.G.A. § 38-2-28 Inactive National Guard; composition
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The inactive National Guard shall consist of the persons commissioned, appointed, or enlisted therein, such officers and enlisted men as may be transferred thereto from the Army National Guard and the Air National Guard, and such persons as may be enlisted therein under the laws …
O.C.G.A. § 38-2-280 Substance abusers
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Employment of patients outside facilities, §37-7-145. JURY AND JURY TRIAL. Exemptions from jury duty. Militia, §38-2-276. Judicial emergencies. Deadlines or other time schedules or filing requirements. Authorization to suspend, toll, extend or otherwise grant relief from, §38-3-62…
O.C.G.A. § 38-2-282 Awards, §38-2-283
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AWOL, §38-2-218. Detail of national guard officers to state defense force, §38-2-52. MILITIA —Cont’d Officers —Cont’d Efficiency and medical examining boards, §§38-2-215, 38-2-216. Composition and appointment of, §38-2-215. Consideration by, §38-2-215.
O.C.G.A. § 38-2-283 Awards; individual; unit
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(a) Every officer and enlisted man who has served this state honorably and faithfully for ten years, continuously or otherwise, and who continues in active service as an officer or enlisted man after that period shall be awarded a bronze medal of suitable design and inscription; …
O.C.G.A. § 38-2-284 Awards; individual; unit
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Applicability of part to residents who are personnel of the National Guard of other states. PART 4 RIGHTS, PRIVILEGES, AND PROHIBITIONS 38-2-270. 38-2-271. 38-2-272. 38-2-273. 38-2-274. 38-2-275. 38-2-276. 38-2-277. 38-2-278. 38-2-279. 38-2-280. 38-2-281. 38-2-282. Relief from ci…
O.C.G.A. § 38-2-29 Credit for active federal service
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For all purposes under this chapter, members of the organized militia who enter the active military service of the United States in time of war or under a call, order, or draft by the President or who enter and serve on active duty in the military service of the United States in …
O.C.G.A. § 38-2-3 Division and composition of militia; membership of unorganized militia
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(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 …
O.C.G.A. § 38-2-300 Right of way for troops; exceptions; penalty
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(a) The commanding officer of any force of the organized militia which is parading or performing any military duty in any street or highway may require any or all persons in the street or highway to yield 424 38-2-302 the right of way to the militia, provided the carriage of the …
O.C.G.A. § 38-2-302 Curfews and off limit areas, §38-2-305
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Dispersion of mob, §38-2-303. Duty of citizens to disperse, §38-2-304. Failure to disperse after order, §38-2-304. FIGHTING WORDS.
O.C.G.A. § 38-2-304 Right of way for troops, §38-2-300
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Civil process. Change of venue for persons indicted or subject to civil action, §38-2-271. Exemption from arrest on civil process, §38-2-272. Performance of military duty. Change of venue for persons indicted or subject to civil action for, §38-2-271. Relief from civil or crimina…
O.C.G.A. § 38-2-305 Awards, §38-2-283
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Closing places where firearms and ammunition sold, etc., §38-2-301. Composition, §38-2-3. Control of streets in case of riot, etc., §38-2-302. Credit for active federal service, §38-2-29. Curfew enforcement, §§38-2-305, 38-2-306. Declaration of state of emergency, §§38-2-6, 38-2-2…
O.C.G.A. § 38-2-306 Prohibited conduct in area of military duty performance
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(a) Any person who after due warning trespasses upon any armory, arsenal, camp, range, base, or other facility of the organized militia or other place where any force of the organized militia is performing military duty, or who in any manner interrupts or molests the discharge of…
O.C.G.A. § 38-2-307 Right of way for troops; exceptions; penalty
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Closing places where firearms and ammunition sold, where disorder likely to occur; penalty for not obeying closing order. Control of streets in case of riot, rout, mob, tumult, or unlawful assembly; penalty for remaining on or failing to depart streets. Dispersion of mob; orders; …
O.C.G.A. § 38-2-31 Release from active federal service
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Resumption of membership by national guard personnel, §38-2-30. Responsibility for military property or funds, §38-2-32. Bonding requirement, §38-2-32. Restrictions on disbanding units, §38-2-27. 770 INDEX MILITIA —Cont’d Organized militia —Cont’d Right of way for troops, §38-2-3…
O.C.G.A. § 38-2-4 Persons exempted from militia duty; exception
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Persons within this state who are not citizens thereof and resident aliens shall not be liable to militia duty, except in repelling local invasions or suppressing insurrections. History. — Laws 1818, Cobb’s 1851 Digest, p. 367; Code 1863, § 1598; Code 1868, § 1660; Code 1873, § 1…
O.C.G.A. § 38-2-437 Editor’s notes
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— Ga. L. 1987, p. 330, § 2, not codified by the General Assembly, provided that the Act, which added the 39 proviso at the end of subsection (c), would apply to offenses committed on or after July 1, 1987. Ga. L. 2002, p. 650, § 2, not codified by the General Assembly, provides tha…
O.C.G.A. § 38-2-5 Membership, §38-2-3
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Draft of members, §38-2-72. Failure to appear for draft, §38-2-73. Registration of members, §38-2-71.