NY State Senate Bill 2025-S8533A

Current Bill Status - In Senate Committee Veterans, Homeland Security And Military Affairs Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 23, 2026	print number 8533a
Mar 23, 2026	amend and recommit to veterans, homeland security and military affairs
Jan 07, 2026	referred to veterans, homeland security and military affairs
Oct 17, 2025	referred to rules

Bill Amendments

Original

A (Active)

co-Sponsors

View additional co-sponsors

2025-S8533 - Details

See Assembly Version of this Bill:: A9347
Current Committee:: Senate Veterans, Homeland Security And Military Affairs
Law Section:: Military Law
Laws Affected:: Amd §22-a, Mil L

2025-S8533 - Summary

Prohibits organized militias from another state, territory, or district from entering into New York for the purpose of doing military duty without the express permission of the governor unless such militia has been called into federal service and is acting under authority of the president of the United States.

2025-S8533 - Sponsor Memo

                                 
BILL NUMBER: S8533

SPONSOR: GOUNARDES
 
TITLE OF BILL:

An act to amend the military law, in relation to prohibiting outside
militias without permission

 
PURPOSE OR GENERAL IDEA OF BILL:

To clarify that another state may not deploy its National Guard reserves
into New York State without the Governor's consent.

 
SUMMARY OF PROVISIONS:

Section one of this bill adds a new subdivision to Section 22-a to Mili-
tary Law, which is the enabling statute for the New York National Guard.
This new subdivision would forbid any other state, territory, or
district from deploying their organized militias into the New York State
without expression permission from the New York State Governor, unless
the militia has been federalized and is acting under the direct authori-
ty of the President of the United States. This carveout exists because

while there are various other constitutional and legal constraints that
this type of federalization of state troops may face, states are
preempted from barring National Guard federalization under state law.

This prohibition would be enforced by the New York State Attorney Gener-
al, who could sue for injunctive relief.

Section two is a severability clause.

Section three sets the effective date.

 
JUSTIFICATION:

The National Guard, as a state-based military reserve that supplements
the operations of the United States Army and Air Force, is a critical
arm of our nation's military apparatus. The majority of National Guard
soldiers hold full-time civilian jobs while conducting drills at least
one weekend a month and training at least two weeks of the year.1 Organ-
ized at the local level in all 50 states, three US territories, and the
District of Columbia, the National Guard typically reports to and oper-
ates directly under each state or territory's governor and is thus fund-
ed by state dollars.

Beyond their role as military reservists, the Guard has historically
been tapped by state leaders for missions of nationwide importance, such
as the Hurricane Katrina rescue, wildfires in Maui, Hawaii, and the City
of Los Angeles, World Trade Center rescue operations after September
11th, 2001, or the distribution of the COVID vaccine in 2020.2

Recognizing the autonomy which constitutional, federal, and state law
gives states over their own National Guard, all 50 states have entered
into frameworks that balance coordination with federal authority, while
maintaining local control. The Emergency Management Assistance Compact
(EMAC)3, an interstate compact subscribed to by all fifty states and the
District of Columbia, which, recognizing the sovereign control that each
state generally exercises over its National Guard, provides state gover-

nors with a way to quickly request assistance from other states, is one
such framework.

In recent years, questions have emerged about whether and under what
circumstances one state's National Guard may be deployed across state
lines without the host state's consent. Such deployments raise signif-
icant constitutional questions related to the Tenth Amendment, the Posse
Comitatus Act (in 18 USC Section 1835, which bars any use of the federal
armed forces for traditional, non-military law enforcement4), and the
general principle that each state's executive branch serves as comman-
der-in-chief of its own military forces.

While federal law permits the President to federalize the National Guard
under Title 32 of the U.S. Code, the authority is limited by longstand-
ing prohibitions against using the armed forces for domestic law
enforcement. States have, on occasion, exercised their rights to chal-
lenge perceived overreach in federal deployment. For example, the State
of California recently used the Posse Comitatus Act to win an early
legal victory when President Trump deployed National Guard troops to Los
Angeles in response to deployments in June 2025.5

Separately, there have been instances of states voluntarily deploying
their National Guard troops across state lines for missions not coordi-
nated through federal channels.6 These actions underscore the need for
clear statutory guidance ensuring that the Governor of a state retains
ultimate authority over any military or law enforcement activity occur-
ring within that state's borders.

This bill would therefore take the simple, but necessary, step of proac-
tively requiring other states to obtain the permission of the New York
State Executive before deploying their National Guard troops into the
Empire State. In the event that another state violates this law, the New
York State Attorney General would have grounds to sue for a preliminary
injunction and other equitable relief.

While this type of nonconsensual, out-of-state activation of the
National Guard arguably already violates the state sovereignty doctrine
of the Tenth Amendment, this question has yet to be tested in the
courts, which is why several other states have seen fit to clarify and
reaffirm this prohibition in their own state laws and constitutions.'
This bill would therefore follow the lead of these other states by
establishing a clear statutory requirement for other states, districts,
and territories to obtain affirmative, advance consent from the New York
State governor before deploying their National Guard troops into New
York, protecting residents while affirming the governor's constitutional
role as commander-in-chief of our state's military forces.

This legislation is a common-sense measure designed to promote public
safety, prevent interstate conflict, and safeguard civil liberties by
ensuring that all National Guard deployments within state borders occur
with clear legal authority and respect for state sovereignty.

 
PRIOR LEGISLATIVE HISTORY:

None

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
1 (Thomas, Morgan. "Military 101: Understanding the Differences between
Active Duty, National Guard and Reserves - the Council of State Govern-
ments." The Council of State Governments, 19 Dec. 2023,
www.CMorg/2023/12/19/militarv-101-understanding-the-differences-between-
active-duty-national-guard-and-reserves/.).
2 Hippensteel, Chris. "Trump Is Expanding the National Guard's Role.
Some Former Generals Worry." The New York Times, 21 Sept. 2025,
www.nytimes.com/2025/09/21/us/national-guard-crime-washington-
cities.html.)
3 https://www.emacweb.org/
4 Nunn, Joseph. "The Posse Comitatus Act Explained." Brennan Center for
Justice, 29 Sept. 2025, www.brennancenter.org/our-work/research-
reports/posse-comitatus-act-
explained?ms=gad_posse%20comitatus_757934968274_8626214133_184759161790
&gadsource=1&dad camoaignid=8626214133&gb
raid=0AAAAAC8MkJHLO2LwSvoisi4IG
L8XNM&dclid=CiOKCIDiw30iGBhDYARIsADd-uX5tA7fEtPILF3
cLeoNvF6fd112BNp1xhNpCoG41 51ex126v himpdaAdZ6EALw wcB.).
5 Newsom v. Trump, No. 25-CV-04870-CRB, 2025 WL 2501619, at *1 (N.D.
Cal. Sept. 2, 2025
6 Vasilogambros, Matt. "Blue States Fear Invasion by Red-State National
Guard Troops for Deportations ò Stateline." Stateline, 5 Feb. 2025,
stateline.org/2025/02/05/blue-states-fear-invasion-by-red-state-national
-guard-troops-for-deportations/.)
7 Hall, Peter. "Trump Has Deployed Troops to Three Cities; Could Phila-
delphia Be on His List? ò Pennsylvania Capital-Star." Pennsylvania Capi-
tal-Star, 22 Sept. 2025, penncapital-starcom/civil-riqhts-social-
iustice/trumn-has-deployed-troop s-to-three-cities-could-philadelphi
a-be-on-his-list/.

2025-S8533 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8533
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             October 17, 2025
                                ___________
 
 Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN  ACT  to  amend  the military law, in relation to prohibiting outside
   militias without permission
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 22-a of the military law is amended by adding a new
 subdivision 3 to read as follows:
   3.  A.  NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE CONTRARY,
 NO ORGANIZED MILITIA FROM ANOTHER  STATE,  TERRITORY,  OR  DISTRICT  MAY
 ENTER INTO THIS STATE FOR THE PURPOSE OF DOING MILITARY DUTY WITHOUT THE
 EXPRESS  PERMISSION OF THE GOVERNOR, UNLESS SUCH MILITIA HAS BEEN CALLED
 INTO FEDERAL SERVICE AND IS ACTING UNDER AUTHORITY OF THE  PRESIDENT  OF
 THE UNITED STATES.
   B.  THE ATTORNEY GENERAL MAY BRING A CIVIL ACTION TO ENJOIN VIOLATIONS
 OF THIS SECTION AND SEEK SUCH OTHER RELIEF AS MAY BE APPROPRIATE.
   § 2. If any clause, sentence, paragraph, subdivision, section or  part
 of  this act shall be adjudged by any court of competent jurisdiction to
 be invalid, such judgment shall not affect, impair,  or  invalidate  the
 remainder thereof, but shall be confined in its operation to the clause,
 sentence,  paragraph,  subdivision,  section  or  part  thereof directly
 involved in the controversy in  which  such  judgment  shall  have  been
 rendered. It is hereby declared to be the intent of the legislature that
 this act would have been enacted even if such invalid provisions had not
 been included herein.
   § 3. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13858-01-5

co-Sponsors

View additional co-sponsors

2025-S8533A (ACTIVE) - Details

See Assembly Version of this Bill:: A9347
Current Committee:: Senate Veterans, Homeland Security And Military Affairs
Law Section:: Military Law
Laws Affected:: Amd §22-a, Mil L

2025-S8533A (ACTIVE) - Summary

2025-S8533A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8533A

SPONSOR: GOUNARDES
 
TITLE OF BILL:

An act to amend the military law, in relation to prohibiting outside
militias without permission

 
PURPOSE OR GENERAL IDEA OF BILL:

To clarify that another state may not deploy its National Guard reserves
into New York State without the Governor's consent.

 
SUMMARY OF PROVISIONS:

Section one of this bill adds a new subdivision to Section 22-a to Mili-
tary Law, which is the enabling statute for the New York National Guard.
This new subdivision would forbid any other state, territory, or
district from deploying their organized militias into the New York State
without expression permission from the New York State Governor, unless
the militia has been federalized and is acting under the direct authori-
ty of the President of the United States. This carveout is necessary

because while there are various other constitutional and legal
constraints that this type of federalization of state troops may face,
states are preempted from barring National Guard federalization under
state law.

Section two sets the effective date.

 
JUSTIFICATION:

The National Guard, as a state-based military reserve that supplements
the operations of the United States Army and Air Force, is a critical
arm of our nation's military apparatus. The majority of National Guard
soldiers hold full-time civilian jobs while conducting drills at least
one weekend a month and training at least two weeks of the year. 1
Organized at the local level in all 50 states, three US territories, and
the District of Columbia, the National Guard typically reports to and
operates directly under each state or territory's governor and is thus
funded by state dollars.  Beyond their role as military reservists, the
Guard has historically been tapped by state leaders for missions of
nationwide importance, such as the Hurricane Katrina rescue, wildfires
in Maui, Hawaii, and the City of Los Angeles, World Trade Center rescue
operations after September 11th, 2001, or the distribution of the COVID
vaccine in 2020. 2

Recognizing the autonomy which constitutional, federal, and state law
gives states over their own National Guard, all 50 states have entered
into frameworks that balance coordination with federal authority while
maintaining local control. One such framework is the Emergency Manage-
ment Assistance Compact (EMAC) 3, an interstate compact subscribed to by
all fifty states and the District of Columbia, which, recognizing the
sovereign control that each state generally exercises over its National
Guard, provides state governors with a way to quickly request assistance
from other states.

In recent years, questions have emerged about whether and under what
circumstances one state's National Guard may be deployed across state
lines without the host state's consent. Such deployments raise signif-
icant constitutional questions related to the Tenth Amendment, the Posse
Comitatus Act (codified in 18 USC Section 1835, which bars any use of
the federal armed forces for traditional, non-military law enforcement
4), and the general principle that each state's executive branch serves
as commander-in-chief of its own military forces.

While federal law permits the President to federalize the National Guard
under Title 32 of the U.S. Code, this authority is limited by longstand-
ing prohibitions against using the armed forces for domestic law
enforcement. States have, on occasion, exercised their rights to chal-
lenge perceived overreach in federal deployment. For example, the State
of California recently used the Posse Comitatus Act to win an early
legal victory when President Trump deployed National Guard troops to Los
Angeles in response to deployments in June 2025. 5

Separately, there have been instances of states voluntarily deploying
their National Guard troops across state lines for missions not coordi-
nated through federal channels. 6

These actions underscore the need for clear statutory guidance ensuring
that the Governor of a state retains ultimate authority over any mili-
tary or law enforcement activity occurring within that state's borders.

This bill would therefore take the simple, but necessary, step of proac-
tively requiring other states to obtain the permission of the New York
State Executive before deploying their National Guard troops into the
Empire State. It would be enforced by the New York State Attorney Gener-
al (AG) who would bring an action in federal court against another state
who had sent their non-federalized Guard into New York without our
Governor's permission. Such a case from the AG is strengthened if New
York's military statute makes plain that the default position is that
the Governor does not consent.

While this type of nonconsensual, out-of-state activation of the
National Guard arguably already violates numerous sovereignty principles
in the US Constitution, this question has yet to be tested in the
courts, which is why several other states have seen fit to clarify and
reaffirm this prohibition in their own state laws and constitutions.'
This bill would therefore follow the lead of these other states by
establishing a clear statutory requirement for other states, districts,
and territories to obtain affirmative, advance consent from the New York
State governor before deploying their non-federalized National Guard
troops across our borders, protecting residents while affirming the
governor's constitutional role as commander-in-chief of our state's
military forces.

This legislation is a common-sense measure designed to promote public
safety, prevent interstate conflict, and safeguard civil liberties by
ensuring that all National Guard deployments within state borders occur
with clear legal authority and respect for state sovereignty.

 
PRIOR LEGISLATIVE HISTORY:

None

 
FISCAL IMPLICATIONS:

None
 
EFFECTIVE DATE:
Immediate
1 (Thomas, Morgan. "Military 101: Understanding the Differences between
Active Duty, National Guard and Reserves - the Council of State Govern-
ments."  The Council of State Governments, 19 Dec. 2023,
www.csg.org/2023/ 12/19/military-101-understanding- the-differences-
between-active-dutv-national-guardand-reserves/.).
2 Hippensteel, Chris. "Trump Is Expanding the National Guard's Role.
Some Former Generals Worry." T he New York Times, 21 Sept. 2025,
www.nytimes.com/2025/ 09/21/us/ national-quard-crime-washington-
cities.html.)
3 https://www.emacweb.org/
4 Nunn, Joseph. "The Posse Comitatus Act Explained."  Brennan Center for
Justice, 29 Sept. 2025, www.brennancenterom/ our-work/research-reports/
posse-comitatus-act-explained?ms=qad_posse%20comitatus_757934968274_86262
14133_ 184759161790&qad_source=1&qad_campa1qnid=8626214133&qb_
raid=0AAAAAC8kUVkJHLO2LwSvgisi4IG_
L8XNMUclid=CjOKCQjw30jGBhDYARIsADd-uX5tA7fEtPILF3
cLeoNyF6fg112BNp1xhNoCpG41 51ex126v himpqaAgZ6EALw wcB.).
5 Newsom v. Trump, No. 25-CV-04870-CRB, 2025 WL 2501619, at *1 (N.D.
Cal. Sept. 2, 2025
6 Vasilogambros, Matt.  "Blue States Fear Invasion by Red-State National
Guard Troops for Deportations * Stateline." Stateline, 5 Feb. 2025,
stateline.org/ 2025/02/05/blue-states-fear-invasion-by- red-state-na-
tional-guard-troops-for-deportations/.)
7 Hall, Peter. "Trump Has Deployed Troops to Three Cities; Could Phila-
delphia Be on His List? * Pennsylvania Capital-Star."  Pennsylvania
Capital-Star, 22 Sept. 2025, penncapital-starcom/ civil-riqhts-social-
justice/trump-has-deoloyed- troops-to-three-cities-could-philadelohi
a-be-on-his-list/.

2025-S8533A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8533--A
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             October 17, 2025
                                ___________
 
 Introduced by Sens. GOUNARDES, BROUK, COONEY, FAHY, FERNANDEZ, GIANARIS,
   HINCHEY,  KRUEGER,  LIU,  MAY,  MAYER,  MYRIE,  PARKER, RAMOS, RIVERA,
   SEPULVEDA, SERRANO, SUTTON -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules  --  recommitted  to
   the  Committee  on Veterans, Homeland Security and Military Affairs in
   accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 AN ACT to amend the military law, in  relation  to  prohibiting  outside
   militias without permission
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 22-a of the military law is amended by adding a new
 subdivision 3 to read as follows:
   3. NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE  CONTRARY,  NO
 ORGANIZED  MILITIA  FROM ANOTHER STATE, TERRITORY, OR DISTRICT MAY ENTER
 INTO THIS STATE FOR THE PURPOSE  OF  DOING  MILITARY  DUTY  WITHOUT  THE
 EXPRESS  PERMISSION OF THE GOVERNOR, UNLESS SUCH MILITIA HAS BEEN CALLED
 INTO FEDERAL SERVICE AND IS ACTING UNDER AUTHORITY OF THE  PRESIDENT  OF
 THE UNITED STATES.
   § 2. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13858-02-6

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Senate Bill S8533A

Sponsored By

Current Bill Status - In Senate Committee Veterans, Homeland Security And Military Affairs Committee

Actions

Bill Amendments

co-Sponsors

2025-S8533 - Details

2025-S8533 - Summary

2025-S8533 - Sponsor Memo

2025-S8533 - Bill Text download pdf

co-Sponsors

2025-S8533A (ACTIVE) - Details

2025-S8533A (ACTIVE) - Summary

2025-S8533A (ACTIVE) - Sponsor Memo

2025-S8533A (ACTIVE) - Bill Text download pdf

Comments

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Get Status Alerts for 2025-S8533A

Senate Bill S8533A

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Sponsored By

Current Bill Status - In Senate Committee Veterans, Homeland Security And Military Affairs Committee

Actions

Bill Amendments

co-Sponsors

2025-S8533 - Details

2025-S8533 - Summary

2025-S8533 - Sponsor Memo

2025-S8533 - Bill Text download pdf

co-Sponsors

2025-S8533A (ACTIVE) - Details

2025-S8533A (ACTIVE) - Summary

2025-S8533A (ACTIVE) - Sponsor Memo

2025-S8533A (ACTIVE) - Bill Text download pdf

Comments