§ 240
381 words·~2 min read·
/ca/military-and-veterans-code/240A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)A person is not eligible to commission as an officer or warrant officer in the California National Guard if they actively participate in any of the following:
(1)Advocating for, or engaging in, the use of unlawful force, unlawful violence, or other illegal means to deprive an individual of their rights under the United States Constitution or the laws of the United States, the California Constitution or the laws of this state, or a political subdivision thereof.
(2)Advocating for, or engaging in, the use of unlawful force or violence to achieve goals that are political, religious, discriminatory, or ideological in nature.
(3)Advocating for, engaging in, or supporting terrorism within the United States or abroad.
(4)Advocating for, engaging in, or supporting the overthrow of the government of the United States, or any political subdivision thereof, including the government of this state or that of any other state, commonwealth, territory, or the District of Columbia, by force of violence, or seeking to alter the form of these governments by unconstitutional or other unlawful means.
(5)Advocating or encouraging military, civilian, or contractor personnel within the California National Guard or State Guard to violate the laws of the United States, or any political subdivision thereof, including the laws of this state or those of any other state, commonwealth, territory, or the District of Columbia, or to disobey lawful orders or regulations, for the purpose of disrupting military activities, or personally undertaking the same.
(6)Advocating for widespread unlawful discrimination based on race, color, national origin, religion, sex, gender identity, or sexual orientation.
(7)Advocating for, engaging in, or supporting treason, as defined in Section 37 of the Penal Code or Section 2381 of Title 18 of the United States Code.
(8)Advocating for, engaging in, or supporting an act of rebellion or insurrection, as defined in Section 2383 of Title 18 of the United States Code.
(b)An officer who actively participates in any of the conduct set forth in subdivision
(a)shall receive an other than honorable discharge, in accordance with United States Department of Defense regulations and any applicable procedures and regulations of the individual service branches.
(c)“Active participation” has the same meaning as in the Department of Defense Instruction 1325.06 or any successor instruction or regulation.