Article 1. Composition of California Military And Veterans Code >> Division 2. >> Part 1. >> Chapter 2. >> Article 1.
The militia of the State shall consist of the National Guard,
State Military Reserve and the Naval Militia--which constitute the
active militia--and the unorganized militia.
The unorganized militia consists of all persons liable to
service in the militia, but not members of the National Guard, the
State Military Reserve, or the Naval Militia.
The militia of the State consists of all able-bodied male
citizens and all other able-bodied males who have declared their
intention to become citizens of the United States, who are between
the ages of eighteen and forty-five, and who are residents of the
State, and of such other persons as may upon their own application be
enlisted or commissioned therein pursuant to the provisions of this
division, subject, however, to such exemptions as now exist or may be
hereafter created by the laws of the United States or of this State.
Whenever the Governor deems it necessary, he or she may order
an enrollment to be made by officers designated by the Governor, of
all persons liable to service in the militia. The enrollment shall
include any information that the Governor may require. Three copies
thereof shall be made: one copy shall be filed in the office of the
clerk of the county in which the enrollment is made, and two copies
in the office of the Adjutant General.
Enrollment shall be made upon such notice and in such manner
as the Governor may direct. Every person required by such notice to
enroll who fails or refuses so to do is guilty of a misdemeanor.
The following persons shall be exempt from military service:
(a) Persons exempt from military service by the laws of the United
(b) Regular or duly ordained ministers of religion.
(c) Students preparing for the ministry in recognized theological
or divinity schools.
(d) Pilots and mariners actually employed in sea service by a
citizen of the United States.
The above persons shall not be exempt from enrollment but shall
file verified claims for exemption from military service in such
forms and manner as the Governor may direct.
The Governor shall appoint boards in number and personnel as
will best accomplish the enrollment and such boards shall be vested
with the authority and power of passing upon and determining the
claims of exemption filed under section 125. An appeal to the
Governor may be taken from the decision of the boards by the State or
any person interested in the matter and within the time prescribed
in regulations promulgated by the Governor.
When the National Guard and Naval Militia are on duty as a
combined force at any time, the commanding officer of the whole force
shall be designated by the Governor. When two or more officers are
on duty in the same place, camp, field, command or organization, the
Governor may assign the command to any one of such officers without
regard to seniority of rank or branch of service.
The unorganized militia may be called for active duty in case
of war, rebellion, insurrection, invasion, tumult, riot, breach of
the peace, public calamity or catastrophe, or other emergency, or
imminent danger thereof, or may be called forth for service under the
Constitution and laws of the United States. Whenever it is necessary
to call out any portion of the unorganized militia, the Governor may
call for and accept as many volunteers as are required for such
service, under regulations provided by this division.
Every member of the militia who is ordered out, or who
volunteers or is drafted under the provisions of this division and
who does not appear at the time and place designated by the Governor,
or under his authority, within twenty-four hours from such time, and
who does not produce a sworn certificate of physical disability from
a physician in good standing, is a deserter and shall be dealt with
as prescribed in the Articles of War of the United States, or by this
(a) Members of the militia of the state shall not be
discriminated against in enlistments, promotions, or commissions on
any basis listed in subdivision (a) of Section 12940 of the
Government Code, as those bases are defined in Sections 12926 and
12926.1 of the Government Code, except as otherwise provided in
Section 12940 of the Government Code.
(b) It is hereby declared to be the policy of the State of
California that there be equality of treatment and opportunity for
all members of the militia of the state without regard to any basis
listed in subdivision (a) of Section 12940 of the Government Code, as
those bases are defined in Sections 12926 and 12926.1 of the
Government Code. This policy shall be put into effect in the militia
by rules and regulations to be issued by the Governor with due regard
to the powers of the federal government that are, or may be,
exercised over all the militia of the state with regard to positions
requiring federal recognition.