National Guard “Gestapo Bills” Tracker
Legislation Expanding or Restricting Military Police Powers in the United States
In January 2026, Indiana passed HB1343, which would create a dedicated “military police force” within the state’s National Guard, granting governor-deployed troops full arrest powers without local consent. Critics have dubbed this and similar legislation “Gestapo bills” for their potential to deploy military forces against civilian populations.
This tracker monitors state legislation that either expands National Guard police powers or restricts potential federal/out-of-state military deployments.
🔴 EXPANDING Guard Powers (Like Indiana HB1343)
| State | Bill | Status |
|---|---|---|
| Indiana | Active HB1343 – Creates dedicated military police force with full arrest powers; governor can deploy anywhere without local consent | Passed House (67-29) Jan 28, 2026 – Now in Senate |
| Georgia | Existing Law O.C.G.A. § 38-2-307 – Guard may have arrest powers at governor’s discretion | Already law |
| Louisiana | Existing Law La. R.S. 29:7.1 – Guard powers when activated by governor | Already law |
| South Carolina | Existing Law S.C. Code 16-7-30 – Guard peace officer powers when activated | Already law |
| North Carolina | Existing Law G.S. 127A-149 – Guard powers when in active state service | Already law |
| Arizona | Existing Law A.R.S. § 26-172 – Governor may activate Guard with police powers | Already law |
| Nebraska | Existing Law Neb. Rev. Stat. 55-139.01 – Guard arrest powers when activated | Already law |
| Washington | Existing Law RCW 38.08.020 – Guard peace officer powers when activated | Already law |
| Florida | Existing Law Fla. Stat. 250.06(2) – Guard may exercise arrest powers when activated | Already law |
🟢 RESTRICTING Guard Powers (Protecting Against Federal/Outside Overreach)
| State | Bill | Status |
|---|---|---|
| Washington | Enacted HB1321 – Prohibits out-of-state Guard troops from entering without governor’s permission | SIGNED into law April 21, 2025 |
| Oregon | Died HB3954 – Would require governor approval for federal Guard deployments | Passed House 32-16 (June 20, 2025) – Died in Senate |
| Virginia | Active SB718 – Prohibits Governor from deploying Guard for intimidation/coercion; requires 48-hour notification to General Assembly | 2026 Regular Session |
| Virginia | Active HB286 – Prohibits Guard deployment for intimidation; restricts re-deployment to same location within 1 year | 2026 Regular Session |
| Virginia | Active SB337 – Prohibits armed militia from other states from entering for military duty without consent | 2026 Regular Session |
| New York | Introduced S8533 – Prohibits organized militias from other states from entering for military duty without governor’s consent | Introduced 2025 |
🔑 Key Takeaways
- Indiana’s HB1343 is the only new “expansion” bill actively moving — it passed the House and is now in the Senate
- Most “restriction” bills are defensive — they prevent other states’ Guard troops or federalized Guard from entering without permission
- Washington’s HB1321 is already law — it took effect in April 2025
- Oregon’s HB3954 died in the Senate — despite passing the House, it never received a final vote
- The “Gestapo bill” term primarily applies to Indiana HB1343 — the other states with similar police powers have had these laws for years; most new legislation is actually restricting Guard deployment, not expanding it
- Texas, Florida, and Montana have already deployed Guard troops to support Operation Lone Star under existing authority (not new legislation)
Sources
Indiana Capital Chronicle • Georgia Code • Washington State Standard • Oregon Capital Chronicle • Virginia Legislative Information System
Last updated: January 29, 2026