Article 2. Commander In Chief of California Military And Veterans Code >> Division 2. >> Part 1. >> Chapter 2. >> Article 2.
The Governor of the State, by virtue of his office, is the
Commander in Chief of the Militia of the State.
The staff of the Governor consists of The Adjutant General and
such aides as the Governor designates from the personnel of the
National Guard and Naval Militia to serve during his incumbency. Such
staff may also include the following personal aides-de-camp: five
aides-de-camp who may be appointed by the Governor and who shall have
the rank of lieutenant colonel, and one naval aide with the rank of
commander. Such appointments by the Governor shall operate as a
commission of such aides-de-camp.
The state active duty force consists of service members in
active state military service when ordered by the Governor in
accordance with this code.
(a) The Governor may order the active militia or any portion
of it to perform military duty of every description, including
necessary administrative duties, and to participate in small arms
gunnery competitions in this state or in any other state or territory
or the District of Columbia, or in any fort, camp, or reservation of
the United States. He or she may also authorize the performance of
military duty or participation in small arms or gunnery competitions
by any part of the active militia anywhere outside the state or
outside the United States. Cruise duty ordered for the Naval Militia
may be required to be performed on United States vessels.
(b) Service members selected for permanent positions shall be
selected using a military competitive selection process. A service
member ordered to state active duty in accordance with this section
who remains on state active duty for six consecutive years shall be
eligible for career state active duty status and may remain on state
active duty until the service member reaches 60 years of age or is
separated for cause. At 60 years of age, a service member may remain
on state active duty under temporary orders, which may be renewed
(c) Orders for a service member with less than six years of state
active duty service shall expire annually unless renewed or the
service member is separated for cause.
(d) When a service member reaches 64 years of age, or when federal
recognition of his or her grade or rank is withdrawn, whichever
occurs later, the service member shall be retired from state active
(e) A service member on state active duty with the Military
Department pursuant to this section shall be any of the following:
(1) A current member of the California National Guard. For
purposes of this section, a member described in subdivision (c) of
Section 210 shall not be qualified to serve on state active duty
unless he or she maintains current membership in the State Military
(2) An individual who is retired or otherwise honorably separated
from service with the active component of any branch of the United
States Armed Forces, the federal reserve component of any branch of
the United States Armed Forces, or the federally recognized National
Guard of any state or United States territory, with current
membership in the State Military Reserve.
(3) A current member of the State Military Reserve with a minimum
of two years of service.
(f) A service member already serving on state active duty who
retires federally from the California National Guard shall assess
into the State Military Reserve in order to retain eligibility for
continued state active duty.
(g) A commissioned officer on state active duty assigned to a
general officer position who, previous to that duty, held a state
active duty position at a lower grade, may revert to the grade last
held upon vacation of the general officer position, if a position is
(h) Notwithstanding any other law, a service member who is on
state active duty may be relieved from state active duty if the
Adjutant General, acting in good faith and on behalf of the Governor,
abolishes a position. The department shall make reasonable attempts
to place the service member in an available position for which the
service member is otherwise qualified.
(i) The Adjutant General, under the authority of the Governor as
Commander in Chief, shall promulgate regulations in conformity with
Whenever the Governor is satisfied that rebellion,
insurrection, tumult or riot exists in any part of the state or that
the execution of civil or criminal process has been forcibly resisted
by bodies of persons, or that any conspiracy or combination exists
to resist by force the execution of process, or that the officers of
any county or city are unable or have failed for any reason to
enforce the laws, the Governor may, by proclamation, declare any part
of the State of California or the county or city or any portion
thereof to be in a state of insurrection, and he or she may thereupon
order into the service of the state any number and description of
the active militia, or unorganized militia, as he or she deems
necessary, to serve for a term and under the command of any officer
as he or she directs.
The Governor may at any time revoke a proclamation of
insurrection or declare that it shall terminate at a time or in the
manner that he or she directs.
A person who, after publication of the proclamation authorized
by Section 143, joins, participates or takes any part in a
rebellion, insurrection, tumult or riot, or who is party to any
conspiracy or combination to resist by force the execution of the
laws or who resists or aids in resisting the execution of process in
any county or city declared to be in a state of insurrection, or who
aids or attempts the rescue or escape of another from lawful custody
or confinement, or who resists or aids in resisting any force ordered
out by the Governor to quell or suppress an insurrection, is
punishable by a fine of not less than one thousand dollars ($1,000),
or by imprisonment pursuant to subdivision (h) of Section 1170 of the
Penal Code for two, three, or four years, or in a county jail for
not more than one year, or by both that fine and imprisonment.
The Governor may call into active service any portion of the
active militia as may be necessary, and if the number available be
insufficient, the Governor may call into active service any portion
of the unorganized militia as may be necessary, in any of the
(a) In case of war, insurrection, rebellion, invasion, tumult,
riot, breach of the peace, public calamity or catastrophe, including,
but not limited to, catastrophic fires, or other emergency, or
imminent danger thereof, or resistance to the laws of this state or
the United States.
(b) Upon call or requisition of the President of the United
(c) Upon call of any United States marshal in California, or upon
call of any officer of the United States Army commanding an army,
army area, or military administrative or tactical command including
generally the State of California, or upon call of any officer of the
United States Air Force commanding an air force, air defense force,
air defense command or air command including generally the State of
(d) Upon call of the chief executive officer of any city or city
and county, or of any justice of the Supreme Court, or of any judge
of the superior court, or of any sheriff, setting forth that there is
an unlawful or riotous assembly with intent to commit a felony, or
to offer violence to person or property, or to resist the laws of the
State of California or the United States or that there has occurred
a public calamity or catastrophe requiring aid to the civil
(e) Upon call of the sheriff setting forth that the civil power of
the county is not sufficient to enable the sheriff to execute
process delivered to him or her.
In case of insurrection, invasion, war, rebellion, tumult,
riot, breach of the peace, public calamity or catastrophe, or
imminent danger thereof, or in the event of emergency in which all or
any part of the militia is actively engaged in service upon order of
the Governor, the Governor may suspend any and all provisions of
this division or other laws of the State which require advertisement
for bids for purchases of supplies or employment of services.
The Governor shall direct the Adjutant General to make rules
and regulations in conformity with this code which shall conform as
nearly as practicable to those governing the United States Army,
United States Air Force, and United States Navy. The rules and
regulations shall have the same force and effect as the provisions of
A finding by the Governor that it is impracticable to conform
rules and regulations to those governing the United States Army,
United States Air Force, or United States Navy shall be conclusive
and the rules and regulations shall have force and effect over
inconsistent rules, regulations, directives, manuals, or practices
governing any of the Armed Forces of the United States.