THE STATE GUARD

RSA tit. VIII, ch. 111

in effect

RSA 111:1 Authority.

111:1. Authority. I. Whenever any part of the New Hampshire national guard is in the active service of the United States, the governor is hereby authorized to organize and maintain within this state during such period, under such regulations as the Department of Defense of the United States may prescribe for discipline in training, and otherwise in general conformity with existing law, regulations, rules and practices pertaining to the national guard, such military forces as he may deem necessary to defend this state from invasion, rebellion, disaster, insurrection, riot, breach of the peace or imminent danger thereof or to maintain the organized militia. II. The governor may authorize the adjutant general's department to maintain a cadre of officers and enlisted personnel on a standby basis to prepare and maintain a roster of available personnel and to plan for an active state guard in the event of the mobilization of all or a part of the New Hampshire national guard. The provisions of RSA 541-A shall not apply to any regulations or proclamations issued pursuant to RSA 111. Source. 1941, 46:1. RL 144:1. RSA 111:1. 1981, 327:1. 1985, 144:3, eff. July 19, 1985.

RSA 111:2 Composition.

111:2. Composition. Such military forces shall be composed of commissioned officers and such able-bodied citizens of the state as shall volunteer for service therein, supplemented, if necessary, by the unorganized militia enrolled by draft and subject to military duty as provided by RSA 110-B and, in addition to active units, may include inactive and reserve components. No person shall be appointed or enlisted in the state guard who is a member of any other military force of the United States or the state of New Hampshire, or who has any service obligation to any of the armed forces of the United States, except that a retired military member may be appointed or enlisted in the state guard, if otherwise qualified. Source. 1941, 46:2. RL 144:2. RSA 111:2. 1975, 14:4. 1981, 327:2. 1985, 144:4, eff. July 19, 1985.

RSA 111:3 Name.

111:3. Name. Such state defense forces shall be additional to and distinct from the New Hampshire national guard; shall be armed and uniformed; shall be known as the New Hampshire state guard; and are hereinafter referred to as the state guard. Source. 1941, 46:3. RL 144:3. RSA 111:3. 1985, 144:5, eff. July 19, 1985.

RSA 111:4 Uniform.

111:4. Uniform. The uniforms, the insignia of rank and grade, the devices, buttons, emblems, and decorations of the state guard shall be distinctive, specifications as to design and manner of wearing the same to be as prescribed in regulations to be issued by the adjutant general. Source. 1941, 46:4. RL 144:4.

RSA 111:5 Protection of Uniform.

111:5. Protection of Uniform. No person shall wear or exhibit the uniform, insignia, device, button, emblem, or decoration of the state guard, or shall wear or exhibit a uniform, insignia, device, button, emblem, or decoration so nearly like that of the state guard as might reasonably cause it to be mistaken therefor. Any person violating the provisions of this section shall be guilty of a misdemeanor. Source. 1941, 46:5. RL 144:5. RSA 111:5. 1973, 528:41, eff. Oct. 31, 1973 at 11:59 p.m.

RSA 111:6 Organization; Rules and Regulations.

111:6. Organization; Rules and Regulations. The provisions of RSA 110-B authorizing the enlistment, organization, administration, equipment, maintenance, training, discipline and other matters pertaining to the military department of the state, the unorganized militia, and the national guard when not in the service of the United States, except as otherwise provided in this chapter, are hereby extended in each instance where appropriate to include and are made applicable to the state guard authorized under the provisions hereof; provided, that regulations hereby authorized to be issued by the adjutant general relative to the state guard shall conform in matters of training and discipline to policies and instructions promulgated by the Secretary of Defense of the United States. Source. 1941, 46:6. RL 144:6. RSA 111:6. 1975, 14:5. 1981, 327:3, eff. Aug. 16, 1981.

RSA 111:7 Pay and Allowances.

111:7. Pay and Allowances. The pay provisions of RSA 110-B shall not apply to the state guard, which shall be compensated as follows: I. Each member of the state guard ordered into active service by command of the governor, for each day's service in complete uniform, except for annual inspection, drill, target practice or special service, and each commissioned officer of the state guard shall receive for each day or part thereof of such duty the same rate, base pay, as an officer of like grade in the United States Army. II. Each enlisted member of the state guard shall be paid at the rate, base pay, prescribed in federal pay tables for an enlisted member of like grade in the United States Army. III. Each commissioned officer who is completely uniformed at his own expense with the authorized state guard uniform shall receive the sum of $100 as an initial officer's uniform allowance. IV. Any retired military personnel receiving military retirement benefits shall be compensated by the state so as not to exceed the rate of pay for a comparable grade as prescribed in the federal pay tables. Source. 1941, 46:7. RL 144:7. 1945, 208:1. RSA 111:7. 1981, 327:4. 1985, 144:6, eff. July 19, 1985.

RSA 111:8 Equipment and Supplies.

111:8. Equipment and Supplies. For the use of the state guard, the adjutant general, with the approval of the governor and council, is hereby authorized to purchase such equipment and supplies as may be necessary for the purposes of this chapter; and the governor is hereby authorized to requisition, as free issues or loans, or, if necessary, to purchase outright, from the Department of Defense, such arms, equipment, supplies, and ammunition as may be in the possession of and can be spared by the United States government. Source. 1941, 46:8. RL 144:8. RSA 111:8. 1981, 327:5, eff. Aug. 16, 1981.

RSA 111:9 Use of Armories.

111:9. Use of Armories. The adjutant general is authorized to make available to the state guard the facilities of the state armories and military reservations and their equipment and such other state premises and property as may be available. Source. 1941, 46:9. RL 144:9.

RSA 111:10 Use of Other Buildings.

111:10. Use of Other Buildings. Whenever it shall become necessary, for reasons of public safety, all state, county and municipal authorities are authorized and the owners of suitable private facilities are urged to place their buildings or other facilities at the disposal of the adjutant general for military purposes. Source. 1941, 46:10. RL 144:10.

RSA 111:11 Service Outside of New Hampshire.

111:11. Service Outside of New Hampshire. The state guard shall not be required to serve outside the boundaries of the state of New Hampshire except: I. Upon the request of the governor of another state, the governor of this state may in his discretion order any portion or all of the state guard to assist the military or police forces of such other state who are actually engaged in defending such other state. The state guard may be recalled from such service by the governor at his discretion. II. Any unit or detachment of the New Hampshire national guard when not in active federal service, or of the state guard, upon order of the adjutant general or the officer in immediate command thereof, of such unit or detachments, may continue in fresh pursuit of insurrectionists, saboteurs, enemies or enemy forces beyond the borders of this state into another state until they are apprehended or captured by such organization, unit or detachment or until the military or police forces of the other state or the forces of the United States have had a reasonable opportunity to take up the pursuit or to apprehend or capture such persons: Provided, such other state shall have given authority by law for such pursuit by the national guard or the state guard of this state. Any such person who shall be apprehended or captured in such other state by an organization, unit or detachment of such military forces of this state shall without unnecessary delay be surrendered to the military or police forces of the state in which he is taken or to the United States, but such surrender shall not constitute a waiver by this state of its right to extradite or prosecute such person for any crime committed in this state. Source. 1941, 46:11. RL 144:11.

RSA 111:12 Permission to Forces of Other States.

111:12. Permission to Forces of Other States. Any military forces or organization, unit or detachment thereof, of another state who are in fresh pursuit of insurrectionists, saboteurs, enemies or enemy forces may continue such pursuit into this state until the military or police forces of this state or the forces of the United States have had a reasonable opportunity to take up the pursuit or to apprehend or capture such persons and are hereby authorized to arrest or capture such persons within this state while in fresh pursuit. Any such person who shall be captured or arrested by the military forces of such other state while in this state shall without unnecessary delay be surrendered to the military or police forces of this state to be dealt with according to law. This section shall not be construed so as to make unlawful any arrest in this state which would otherwise be lawful; and nothing contained in this section shall be deemed to repeal any other statutory provisions relating to the fresh pursuit of criminals. Source. 1941, 46:12. RL 144:12. RSA 111:12. 1981, 327:6, eff. Aug. 16, 1981.

RSA 111:13 Federal Service.

111:13. Federal Service. Nothing in this chapter shall be construed as authorizing the state guard, or any part thereof to be called, ordered, or in any manner drafted, as such, into the military service of the United States, but no person shall by reason of his enlistment or commission in any such forces be exempted from military service under any law of the United States. Source. 1941, 46:13. RL 144:13.

RSA 111:14 Enlistment of Civil Groups.

111:14. Enlistment of Civil Groups. No civil organization, society, club, post, order, fraternity, association, brotherhood, body, union, league, or other combination of persons or civil group shall be enlisted in the state guard as an organization or unit. Source. 1941, 46:14. RL 144:14.

RSA 111:15 Armed Civilian Groups.

111:15. Armed Civilian Groups. No organization, society, club, post, order, league or other combination of persons, or civil group, or any members thereof, are authorized to assume any semblance of military organization or character by bearing or possessing rifles, pistols, sabres, clubs, or military weapons of any kind, or wearing a military uniform of any kind. Any person violating any of the provisions of this section or taking part in such military organization shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person; and any rifles, pistols, sabres, clubs or other military weapons used in violation hereof shall be forfeited. This section shall not apply to regularly constituted military units under state or federal laws; and nothing in this section shall be construed as forbidding the possession and use of rifles for color guards or firing squad purposes, or the wearing of uniforms of a military character, by an organization composed wholly of veteran soldiers who participated in any war of the United States, or by any other recognized fraternal group of long-standing in the community which uses rifles or sabres merely as a part of its ritualistic exercises and which is not specifically disapproved by the President of the United States, the Department of Defense, or the governor. Source. 1941, 46:15. RL 144:15. RSA 111:15. 1973, 528:42. 1981, 327:7, eff. Aug. 16, 1981.

RSA 111:16 Disqualification for Service.

111:16. Disqualification for Service. No person shall be commissioned or enlisted in the state guard who is not a citizen of the United States or who has been expelled or dishonorably discharged from any military or naval organization of this state or of another state, or of the United States, or who has been convicted of a felony. Source. 1941, 46:16. RL 144:16.

RSA 111:17 Oath of Officers.

111:17. Oath of Officers. The oath to be taken by officers commissioned in such forces shall be substantially in the form now prescribed for officers of the national guard, substituting the words "New Hampshire State Guard" where necessary. Source. 1941, 46:17. RL 144:17.

RSA 111:18 Enlistments.

111:18. Enlistments. In peace time, no person shall be enlisted in or appointed to the state guard by the adjutant general for more than 2 years; but, in the event that prior to the expiration of such term of enlistment the United States becomes involved in war, such enlistments shall be for the duration of the emergency, subject to such regulations to the contrary as may be promulgated by the governor. Source. 1941, 46:18. RL 144:18. RSA 111:18. 1985, 144:7, eff. July 19, 1985.

RSA 111:19 Oath of Enlisted Men.

111:19. Oath of Enlisted Men. The oath to be taken upon enlistment in the state guard shall be substantially in the form now prescribed for enlisted men of the national guard, substituting the words "New Hampshire State Guard" where necessary. Source. 1941, 46:19. RL 144:19.

RSA 111:20 New Hampshire Code of Military Justice.

111:20. New Hampshire Code of Military Justice. Whenever the state guard or any part thereof shall be ordered out for active service, the New Hampshire code of military justice applicable to members of the national guard of this state in relation to courts martial, their jurisdiction and the limits of punishment and the rules and regulations prescribed thereunder shall be in full force and effect with respect to the state guard. Source. 1941, 46:20. RL 144:20. RSA 111:20. 1981, 327:8, eff. Aug. 16, 1981.

RSA 111:21 Freedom From Arrest.

111:21. Freedom From Arrest. No officer or enlisted man of the state guard shall be arrested on any warrant, except for treason or felony, while going to, remaining at, or returning from a place where he is ordered to attend for military duty. For any suit or claim brought against a member of the state guard, indemnification shall be accorded as provided by the provisions of RSA 99-D. Source. 1941, 46:21. RL 144:21. RSA 111:21. 1985, 144:8, eff. July 19, 1985.

RSA 111:22 Exemption From Jury Duty.

111:22. Exemption From Jury Duty. Every officer and enlisted man of the state guard shall, during his service therein, be exempt from jury duty. Source. 1941, 46:22. RL 144:22.

RSA 111:23 Acceptance of Gifts Prohibited.

111:23. Acceptance of Gifts Prohibited. The acceptance of gifts, donations, gratuities or anything of value by the state guard or by any member of such forces from any individual, firm, association, or corporation, by reason of such membership is prohibited. Violation of this section may be cause for dishonorable discharge from further service as a member of the state guard. Source. 1941, 46:23. RL 144:23.

RSA 111:24 Termination of Service.

111:24. Termination of Service. The state guard shall be returned to its cadre and planning status as provided by RSA 111:1 when the governor determines that the release of the national guard or a part thereof from federal service makes it no longer necessary for the active guard to be retained. Property shall be accounted for and suitable discharges issued in accordance with regulations of the adjutant general. Source. 1941, 46:24. RL 144:24. RSA 111:24. 1985, 144:9, eff. July 19, 1985.

RSA 111:25 Severability.

111:25. Severability. If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable. If any provision of RSA 110-B, which, in accordance with RSA 111:6, is extended so far as is appropriate to the state guard, as well as the national guard and the unorganized militia, is found legally inapplicable, such inapplicability shall not affect the validity of that chapter in any way nor shall it affect the other provisions of this chapter, and to that extent the provisions of this chapter are declared to be severable. Source. 1941, 46:25. RL 144:25. RSA 111:25. 1981, 327:9, eff. Aug. 16, 1981.

RSA 111:26 Short Title.

111:26. Short Title. This chapter may be cited as The State Guard Act. Source. 1941, 46:31. RL 144:27.

Source: New Hampshire General Court (gc.nh.gov)URL: https://gc.nh.gov/rsa/html/NHTOC/NHTOC-VIII-111.htmFetched: 10/20/2026