Federal Laws Regulating California’s Militia

In the California Military and Veterans Code, Division 2, Part 1, Chapter 1, it describes the laws and regulations of the United States over the state’s militia. Section 100 describes the intent of this Code is to conform to all acts and regulations of the United States affecting the same subjects, and all provisions of this code are to be construed to effect this purpose.

Section 101 states that all acts of the Congress of the United States relating to the control, administration, and government of the Army of the United States and the United States Air Force and relating to the control, administration, and government of the United States Navy, and all rules and regulations adopted by the United States for the government of the National Guard and Naval Reserve or Naval Militia, so far as the same are not inconsistent with the rights reserved to this State and guaranteed under the Constitution of this State, constitute the rules and regulations for the government of the militia.

Section 102 specifies that the Uniform Code of Military Justice and the rules and regulations adopted thereunder, together with the Manual for Courts-Martial, United States, are adopted as a part of this code and govern, except as otherwise provided in this code or in the California Manual for Courts-Martial or other regulations adopted by the Governor or the Adjutant General, to the active militia, including the California National Guard.

Section 103 states that, whenever reference is made in the Uniform Code of Military Justice or the Manual for Courts-Martial, United States, to military service, the Army of the United States, the United States Air Force, or the United States Navy, that reference includes the military and naval service of this state.

Section 104 explains that the articles for the government of the Navy of the United States are adopted as part of this code so far as they are applicable and not modified by this division.