September 29, 2020

Volume X, Number 273

September 29, 2020

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September 28, 2020

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You Might Be A Member Of The California Militia And Not Even Know It

Veterans Day falls on November 11 of each year because the First World War famously ended at the 11th hour of the 11th day of the 11th month.  California public offices, however, were closed yesterday on November 12.  Why?  The answer can be found in Government Code Section 6700(b) which provides that if November 11 falls on a Sunday, state offices will be closed on Monday.  The same statute provides that if November 11 falls on a Saturday, state offices will be closed on the preceding Friday.  The analogous provision in federal law is 5 U.S.C. § 6103.

Some readers may be surprised to learn that California has enacted an extensive Military and Veterans Code and a Military Department.  They might be even more surprised to learn that they are members of the California militia.  If you are an able-bodied male citizen (or able-bodied male who has declared an intention to become a United States citizen) resident in California and between the ages of 18 and 45, you are a member of the California militia.  Mil. & Vet. Code § 122.  The Code in fact provides for two militias - the active militia and the unorganized militia.  The active militia consists of the National Guard, State Military Reserve and the Naval Militia.  Mil. & Vet. Code § 120.  The unorganized militia consists of all persons liable to service in the militia, but not members of the active militia.  Mil. & Vet. Code § 121.  The unorganized militia may be called for active duty in case of war, rebellion, insurrection, invasion, tumult, riot, breach of the peace, public calamity or catastrophe, or other emergency, or imminent danger thereof, or may be called forth for service under the Constitution and laws of the United States.  Mil. & Vet. Code § 128.  

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About this Author

Keith Paul Bishop, Corporate Transactions Lawyer, finance securities attorney, Allen Matkins Law Firm

Keith Paul Bishop is a partner in Allen Matkins' Corporate and Securities practice group, and works out of the Orange County office. He represents clients in a wide range of corporate transactions, including public and private securities offerings of debt and equity, mergers and acquisitions, proxy contests and tender offers, corporate governance matters and federal and state securities laws (including the Sarbanes-Oxley Act of 2002 and the Dodd-Frank Act), investment adviser, financial services regulation, and California administrative law. He regularly advises clients...