Discipline and Exercise of State Militia

Military and Veterans Code Division 2, Part 1, Chapter 6 deals with discipline and exercise for the state’s militia. Section 360 provides that the system of discipline and exercise of the National Guard, unorganized militia when called into the service of the State, and the Naval Militia are required to 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.

Section 361 requires 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, to be decided by the custom and usage of the United States Army, United States Air Force and United States Navy.

Section 362 requires all commanding officers to be responsible to their immediate commanders for the equipment, drill, instruction, movements, and efficiency of their respective commands.

Section 363 provides that every officer and enlisted person is responsible to the officer under whose immediate command they serve for prompt and unhesitating obedience to lawful orders, faithful performance of duty, and the preservation and proper use of the property in their possession that belongs to the United States, the State of California, or the appropriate military organization. Each officer and enlisted person must at all times, without equivocation, obey the lawful orders of their superior officers.

Section 364 states that any officer or enlisted person 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 their superior officer on any day of parade or encampment, or who fails to perform any military duty that may be lawfully required of them, or who uses disrespectful language toward their superior officer or commits any act of insubordination, is guilty of a misdemeanor.

Section 365 provides that, 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, and is placed under the temporary direction of any civil officer, it is required to obey the orders of the civil officer which extend only to the direction of the general or specific object to be accomplished.

Section 366 states that, 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 to enforce the execution of the laws of the State or of the United States, the commanding officer is required to 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.

Section 367 specifies that no officer who is called out to sustain the civil authorities can, under any pretense, or in compliance with any order, fire blank cartridges upon any mob or unlawful assemblage, under penalty of being dismissed.

Section 368 requires each company, troop, squadron, battery, detachment, and unit to 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. Also, the commanding officer of any unit may require the officers and enlisted persons of their command to meet for parade, drill, and instruction at the times and places as they may appoint.

Section 369 prohibits any parade or drill of the active militia from being ordered in time of peace for any day during which any general election is held, nor can 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, with exceptions.

Section 370 states that orders for duty may be oral, written, or by publication. Section 371 provides that warning for duty may be given by any officer or noncommissioned officer or any other person authorized so to do.

Section 372 provides that officers and enlisted persons 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 person at his or her last known place of abode or business or to the post office nearest thereto. Notice may also be given in other ways.

Section 373 specifies that the person giving the warning for duty must make a return containing the names of the persons warned and the time, place, and the manner of the warning. The return must be verified by his oath. 

Section 374 requires every commanding officer to report to The Adjutant General the name of every delinquent together with a full report of any extenuating circumstances.

Section 375 subjects all officers and enlisted persons of the active militia not in the service of the United States to this code while outside this state under the order or authorization of the Governor in like manner and to the same extent as when on duty within this state under orders of the Governor. In addition, 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.