The Rhode Island State Guard is the currently inactive state defense force of Rhode Island. As a state defense force, the Rhode Island State Guard served as a state military unit which assumed the stateside duties of the Rhode Island National Guard when the National Guard was in federal service. However, unlike the National Guard, the State Guard, when organized, answers solely to the Governor of Rhode Island and by law cannot be federalized or deployed outside the borders of Rhode Island.
The Militia Act of 1903 federalized state militias and placed them under federal control. When the National Guard was deployed abroad during World War I, states were forced to raise replacement units to provide homeland security capabilities. During World War I, Rhode Island raised 18 companies of State Guard, composed of 100 men each, and established a headquarters and supply company, a machine-gun detachment and a sanitary detachment.[1]
The State Guard was reactivated in 1940, reaching the size of one regiment.[2] The Rhode Island State Guard reached a strength of over 1,300 men during the war.[1] Rhode Island also formed the Rhode Island State Guard Reserve during the war.
Korean War
On the onset of the Korean War, several states, including Rhode Island, reactivated their state defense forces at cadre strength as a safeguard against the possibility of their National Guard units being federalized.[1]
Cold War
The Rhode Island State Guard was reactivated in 1987 and renamed the Rhode Island State Defense Force. By 1990, it consisted of only three members.[3]
Legal status
State defense forces are given legal recognition by the federal government under Title 32, Section 109 of the United States Code.[4] The authority to maintain independent chartered military organizations separate of the National Guard is recognized under Rhode Island Law.[5]
Chapter 30-5, section 30-5-5 of the Rhode Island General Laws allows the Governor of Rhode Island to call and organize portions of the unorganized militia whenever it is deemed necessary, and required when the Rhode Island National Guard is in federal service.[6]
Legal protection
Under Rhode Island law, no employer may fire an employee due to the employee's membership in the Rhode Island State Guard, or due to their obligation to perform military service, or attempt to hinder their ability to perform military service. Nor may employers threaten or otherwise insinuate that an employee will suffer repercussions from the employer as a result of his or her service with the Rhode Island State Guard. Any employer or agent of an employer who is guilty of these offenses is guilty of a misdemeanor offense.[7]
^ abcTulenko, Thomas; Chase, Bradley; Dupuy, Trevor N.; Hayes, Grace P. (March 1981). "US Home Defense Force Study"(PDF). California Military Museums. Historical Evaluation and Research Organization. Retrieved 12 December 2017.