State Militia Armories

The California Military and Veterans Code, in Division 2, Part 1, Chapter 8, Article 2, contains provisions related to armories. Section 430 defines the term “armory” to mean any building or portion thereof, rifle range, camp site, airport, arsenal, vessel, quarters, accommodations, or training facilities devoted to the use of the militia.

Section 431 authorizes the Adjutant General to lease or otherwise authorize the use of, by any person for any lawful purpose, manage, supervise all activities in, perform all necessary military duties with respect to and control all armories that are built or acquired by the state. The Adjutant General may contract with the United States for the operation of any armory for purposes of training of federal military personnel, with provision that all state costs related to that operation shall be reimbursed by the United States.

Section 431.5 provides that there is in the State Treasury the Army Facilities Agreement Program Income Fund. Any revenue received from nonfederal tenants’ use of Military Department facilities is deposited into the fund. The money in the fund is available, upon appropriation by the Legislature, for the purpose of maintenance, repairs, improvements, and other activities necessary to maintain Army National Guard facilities.

Section 432 allows the Adjutant General, for the control and management of the armories, to establish from the personnel of the organized militia armory boards, the personnel of which will serve without pay. 

Section 433 authorizes the Adjutant General to lease on behalf of the State armories necessary for the use of the militia. Section 433.5 allows all state armories to be used for emergency purposes on terms and conditions that are mutually agreeable to the Military Department and the Office of Emergency Services.

Section 434 requires the Adjutant General, under the direction of the Governor, to make and enforce regulations for the government and control of armories. Where appropriations have been made, the Adjutant General may purchase, receive by donation, or otherwise acquire or lease real estate for armory or storage purposes.

In addition, the Adjutant General is required to coordinate with the Department of General Services to utilize the department for any project that uses state matching funds, and submit to the DGS a written annual summary of the findings required.

Section 435 allows the Director of General Services, with the approval of the Adjutant General, to lease for not more than 99 years or sell for fair market value, upon terms and conditions and subject to any reservations and exceptions as may be determined to be in the best interests of the State, any real property held for armory purposes.

In addition, an armory must be offered for sale to any local agency before being offered for sale to private entities or individuals. The Director of General Services must except and reserve to the state all mineral deposits. There is in the State Treasury the Armory Fund. All net proceeds from the sale or lease of an armory are to be deposited in the fund. The term “net proceeds” is defined.

Section 436 authorizes the Adjutant General to receive by donation or dedication any property which may be used for armory purposes. Section 437 allows the Adjutant General, with the approval of the DGS, to acquire any property necessary for armory purposes.

Section 438 authorizes the Adjutant General to appoint a Community Advisory Committee to advise the Adjutant General on matters involving the role and function of California National Guard members and facilities in communities around the state.

Section 439 provides that any city or county to acquire, provide, and maintain buildings, halls, meeting places, and supply stations for the use of the United States Department of the Army, the United States Department of the Navy, the United States Department of the Air Force, the California National Guard. The governing body of the city or board of supervisors of any county may do any of four specified activities.

Section 439.1 contains legislative findings and declarations “that the Military Department is unable to perform its security, emergency response, and social and community missions due to deficiencies in the physical condition and suitability of some of its armories.” In addition, “it is the intent of the Legislature to ensure that the Military Department has adequate facilities to perform its security, emergency response, and social and community missions.”

In addition, the Military Department is required to annually submit a report to the Legislature on the status of all California armories. For each armory, the report is required to included seven specified items.