Chapter 6. Discipline And Exercise of California Military And Veterans Code >> Division 2. >> Part 1. >> Chapter 6.
The system of discipline and exercise of the National Guard,
unorganized militia when called into the service of the State, and
the Naval Militia shall conform generally to that of the Army of the
United States, the United States Navy and the United States Air
Force, and to the provisions of the laws of the United States, except
as otherwise provided in this code.
All matters relating to the organization, discipline, and
government of the National Guard, the unorganized militia when called
into the service of the State, and Naval Militia not otherwise
provided for in this code or in the general regulations, shall be
decided by the custom and usage of the United States Army, United
States Air Force and United States Navy.
All commanding officers shall be responsible to their
immediate commanders for the equipment, drill, instruction,
movements, and efficiency of their respective commands.
Every officer and enlisted man or woman shall be responsible
to the officer under whose immediate command he or she serves for
prompt and unhesitating obedience to lawful orders, faithful
performance of duty, and the preservation and proper use of the
property in his or her possession that belongs to the United States,
the State of California, or the appropriate military organization.
Each officer and enlisted man or woman shall at all times, without
equivocation, obey the lawful orders of his or her superior officers.
Any officer or enlisted man or woman of the National Guard or
Naval Militia who willfully fails to attend any parade or encampment,
or who neglects or refuses to obey the lawful command of his or her
superior officer on any day of parade or encampment, or who fails to
perform any military duty that may be lawfully required of him or
her, or who uses disrespectful language toward his or her superior
officer or commits any act of insubordination, is guilty of a
When an armed force is called out for the purpose of
suppressing an unlawful or riotous assembly, or arresting the
offenders, or in any emergency or under the provisions of Sections
128, 143, or 146 of this code, and is placed under the temporary
direction of any civil officer, it shall obey the orders of such
civil officer which extend only to the direction of the general or
specific object to be accomplished. The tactical direction of the
troops, the kind and extent of force to be used, and the particular
means to be employed to accomplish the object specified by the civil
officer are left solely to the commanding officer of the active
militia on duty or to the commanding officer of the unorganized
militia called to the service of the State.
Whenever any portion of the National Guard, or of the
unorganized militia when called into the service of the State, or
Naval Militia is called into active service to suppress an
insurrection or rebellion, to disperse a mob, or in an emergency or
in any of the cases provided for in Sections 128, 143, or 146 of this
code, or to enforce the execution of the laws of the State or of the
United States, the commanding officer shall use his own discretion
with respect to the propriety of attacking or firing upon any mob or
unlawful assembly, or of attacking or using fire power in the
military situation present. His honest and reasonable judgment in the
exercise of his duty shall be full protection, civilly and
criminally, for any act or acts done while on duty.
No officer who is called out to sustain the civil authorities
shall, under any pretense, or in compliance with any order, fire
blank cartridges upon any mob or unlawful assemblage, under penalty
of being dismissed.
Each company, troop, squadron, battery, detachment, and unit
shall assemble for drill and instruction, including indoor target
practice, not less than forty-eight times each year unless excused by
the Governor or other competent authority, and shall in addition
thereto participate in encampments, maneuvers, or other exercises,
including outdoor target practice, for at least fifteen consecutive
days in each year unless excused by competent authority.
In addition to those drills and periods of duty above specified
the commanding officer of any unit may require the officers and
enlisted men and women of his or her command to meet for parade,
drill, and instruction at the times and places as he or she may
No parade or drill of the active militia shall be ordered in
time of peace for any day during which any general election is held,
nor shall any organization of the active militia drill or parade on
the day during which an election is held at the place where the
organization is stationed, except in cases of riot, invasion,
insurrection, or imminent danger thereof, or in cases of public
calamity or catastrophe.
Orders for duty may be oral, written, or by publication.
Warning for duty may be given by any officer or
noncommissioned officer or any other person authorized so to do.
Officers and enlisted men and women may be warned for duty by
stating the substance of the order, by reading the order to the
person warned, by delivering a copy of the order to that person, by
leaving a copy of the order at the last known place of abode or
business of that person with some person of the age of discretion, or
by sending a copy of the order or its substance to that person by
registered mail directed to the enlisted man or woman at his or her
last known place of abode or business or to the post office nearest
In addition to or in lieu of the foregoing, notice may be given by
posting a copy of the order at the entrance to the nearest post
office to the military or naval headquarters issuing the order, at
the entrances of the city hall or county courthouse of the city or
county where the headquarters are located, and by causing a copy of
the warning order to be published in a newspaper of general
circulation in that county.
The person giving the warning for duty shall make a return
thereof containing the names of the persons warned and the time,
place, and the manner of the warning. The return shall be verified by
his oath. Such verified return shall be as good evidence of the
facts therein stated on the trial of any person returned as a
delinquent as if the person making such return were present and
Every commanding officer shall report to The Adjutant General
the name of every delinquent together with a full report of any
Officers and enlisted men and women of the active militia not
in the service of the United States shall be subject to and governed
by this code while outside this state under the order or
authorization of the Governor under Section 142 in like manner and to
the same extent as when on duty within this state under orders of
the Governor. Military courts may be convened and held outside the
state with the same jurisdiction and power of punishment as if held
within the state. Offenses and delinquencies committed outside the
state may be tried and punished either within or without the state
after the termination of the duty.