Relates to military duty of outside militias in New York state

2025 Regular Session Introduced by Jeffrey Dinowitz and 8 co-sponsors

New York can ban outside militias from entering the state for military duty without the Governor’s permission, except for those in federal service under the President.

PRINT NUMBER 9347A

Overview

Bill A 9347-A (2025-2026) from New York State would restrict outside militias from entering New York to perform military duty without the governor’s express permission. It clarifies that only militias called into federal service under the authority of the President are exempt from this restriction. The measure takes effect immediately upon enactment.

Main purpose and intent

To prohibit organized militias from other states, territories, or districts from entering New York for the purpose of performing military duty unless explicitly authorized by the Governor.

To ensure state control over foreign (non-state) militia activity within New York, preserving state sovereignty over military activity within its borders.

To align state policy with federalized service exceptions, limiting non-federal militia actions unless authorized.

Key provisions

Adds a new subdivision to Section 22-a of the Military Law:

Prohibits entry of organized militias from outside New York for military duty in the state without the Governor’s express permission.
Creates an exception: if the militia has been called into federal service and is acting under the authority of the President, the prohibition does not apply.

Effective date: The act is stated to take effect immediately upon enactment.

Who/what is affected

External organized militias (from other states, territories, or districts) that might seek to enter New York to perform military duty.

The Governor of New York (as the approving authority responsible for granting permission for such entries).

State military law framework governing militia activity within the state.

Procedural and timeline aspects

Legislative pathway:

Referred to the Committee on Governmental Operations, amended, and reprinted as amended before recommittal.
Action history shows consideration and amendments in 2026, with a commitment to Governmental Operations.

Immediate effect once enacted (no delayed operative date specified).

Practical impact and considerations

The bill enhances state-level oversight over militia activity within New York, potentially impeding the movement of outside militias for exercises, deployments, or other military duties unless granted permission.

It creates a clear federal exception for militias in federal service, ensuring compatibility with national military authority.

The measure may affect coordination with neighboring states or groups that conduct joint or cross-border militia activities, requiring prior gubernatorial authorization for such activities in New York.