Establishes the "Defend the Guard Act"

2026 Regular Session Introduced by Mike Costlow and 1 co-sponsor

Missouri would block releasing the National Guard for overseas active combat unless Congress issues an official declaration of war specifically calling forth Missouri.

Referred: Emerging Issues(H)

#emergencies #militaryaffairs #nationalguard #veterans

Overview

Missouri House Bill 1729, the Defend the Guard Act, would restrict the deployment of the Missouri National Guard (MNG) to active duty combat overseas unless Congress issues an official declaration of war explicitly calling forth the Guard. The bill creates a contingent effectiveness date tied to adoption by at least ten other states. It allows the governor to deploy Guard members under Title 32 of the U.S. Code (state-controlled active duty, not federal mobilization) but otherwise prohibits release for active combat without a congressional declaration of war.

Main purpose and intent

To restrict Missouri National Guard members from being released for active duty combat overseas unless there is an official declaration of war by Congress specifically calling forth the Missouri National Guard.

To preserve state control over Guard deployments unless a federal declaration of war is issued.

To synchronize the bill’s effectiveness with similar legislation adopted by a threshold of other states (ten states).

Key provisions and changes

Definition of “Active duty combat”: Includes participation in armed conflict, hazardous foreign service, or duties through an instrumentality of war in active federal military service.

Prohibition on deployment for active duty combat: The MNG and its members may not be released from the state into active duty combat unless Congress has passed an official declaration of war explicitly calling forth the Missouri National Guard.

Governor’s authority: The governor must take all actions necessary to ensure compliance with the Act’s requirements.

Existing deployment options preserved: Nothing in the bill limits or prohibits the governor from consenting to the deployment of any Missouri National Guard member under Title 32 of the U.S. Code (state-controlled duty).

Contingent effectiveness date: Section becomes effective on January 1 of the year following notice to the Missouri Revisor of Statutes that at least ten other states have enacted similar provisions.

Citation and name: Referred to as the “Defend the Guard Act.”

Who/what is affected

Missouri National Guard personnel and units.

The Governor of Missouri (responsible for compliance and deployment decisions under state authority).

Missouri state statutes (adds a new section to Chapter 41, RSMo, codified as 41.037).

Potential interaction with federal mobilization under Title 32 (the bill explicitly preserves this pathway for deployment).

Procedural and timeline aspects

Contingent effective date: The act would take effect on January 1 of the year after the state receives notice that at least ten other states have enacted similar legislation.

Legislative history: Introduced in the 2026 session, referred to Emerging Issues (H) on May 15, 2026; prior readings in January 2026; prefiled December 2025.

Similarity: The bill is described as similar to HB 1228 (2025) and HB 1521 (2024).

Notes and considerations

The bill does not prohibit deployment under federal authorization, military operations not classified as “active duty combat,” or non-combat roles under federal activation.

The practical impact depends on the federal declaration of war process; currently, Congress has not officially declared war in recent decades, which could limit overseas active combat deployments from Missouri’s National Guard under this act.

Potential interstate spillover: Since effectiveness requires adoption by at least ten other states, Missouri’s implementation is contingent on broader state action.