Section 366 Of Chapter 6. Discipline And Exercise From California Military And Veterans Code >> Division 2. >> Part 1. >> Chapter 6.
366
. 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.