O.C.G.A.
O.C.G.A.

O.C.G.A. § 38-2-110 (2019)

Governor as militia commander in chief; issuance and effect of regulations

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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The Governor shall be the commander in chief of the militia of the state. The Governor is authorized to issue regulations for the government of the militia. Regulations issued by the Governor shall have the same force and effect as this chapter, but they shall conform to the laws and regulations of the United States relating to the organization, discipline, and training of the militia; to this chapter; and, as nearly as practicable, to the laws and regulations governing the army, navy, and air force of the United States. The rules and regulations in force on February 2, 1955, not inconsistent with this chapter, shall remain in force until new rules and regulations are approved and promulgated.

History

Ga. L. 1916, p. 158, § 1; Code 1933, §§ 86-101, 86-102; Ga. L. 1951, p. 311, § 4; Ga. L. 1955, p. 10, § 5.

Annotations

Cross references. - Commander in chief, Ga. Const. 1983, Art. V, Sec. II, Para. III.

OPINIONS OF THE ATTORNEY GENERAL Adjutant General’s authority includes the power to control the activities of the State Defense Force to prescribe such officers as may be proper, and to plan and provide for training of the State Defense Force in a manner consistent with

the law and regulations prescribed by the Governor. If the Governor directs, the Adjutant General may also prescribe regulations, but the Governor does not have authority to appoint commissioned officers. 1992 Op. Att’y Gen. No. 92-2.

RESEARCH REFERENCES Am. Jur. 2d. - 53 Am. Jur. 2d, Military and Civil Defense, § 28.

C.J.S. - 6 C.J.S., Armed Services, § 339.

MILITARY, EMERG. & VET. AFFAIRS