I read this today. Does anyone know if it's true? Can it really be "illegal" to refer to your group as a "militia"? There are hundreds of militia groups throughout the United States. I don't think they're all reputable. But I don't think they're all extremists or dangerous, domestic terrorist groups.
"In NY State, it is illegal to use the word militia in any group. NY says that the NY National guard is the militia for the state. So groups must go under club names that do not state militia. Absurd. If NY is attacked, isn't it everyone's duty to defend their homes, families, and neighbors?"
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Appears to be true. The text of "N.Y. MIL. LAW § 240 : NY Code - Section 240: Military parades and organizations by unauthorized bodies prohibited" in posted below. Here's my opinion about it.
* This is a long standing law. The year 1883 is mentioned in paragraph 1.
* Paragraph 1 feels unconstitutional to me. I can't cite exactly how. Maybe violation of freedom of speech, expression or assembly. Battle reenactment groups organize themselves by "military company". Are there none in New York? If there are, how do they exist under this law?
* I interpret paragraph 1 to mean that even a formal group of NY based gun collectors or battle reenactment members would not be able to march in a parade with their firearms. Think of a scenario where a legitimate gun collector or battle reenactment group wanted to march in a local community Independence Day parade, carrying firearms that represent the evolutionary changes from the musket that gave us our country to the M4 and .50 caliber machine gun that defends it today. By this law, I believe that's illegal.
* Paragraph 3 seems to answer my original question about using 'militia' names. It appears to only affect formal incorporation. From a strictly naming standpoint, it might be legal to call your beer drinking buddies that target shoot on your farm the "Syracuse Militia".
* Paragraph 3 - Does anyone really think that a group attempting to be formalized and using "Militia" in their title is attempting to mislead the public into thinking they're the official standing militia of government? Would I be able to start a company with the name "Buffalo Revenue Service" or would I be misleading people into believing I was the official IRS of the city of Buffalo?
* Paragraph 4 provides for some exemptions, including cadet instruction (JROTC, ROTC, military academies). I find that odd though. These cadets are under no obligation to go into the military unless they accept college scholarship money. So it's okay to receive military training and parade with firearms in uniform if you're in a recognized cadet but it's illegal to participate in the same training if it's self-directed and you're not a cadet.
* Paragraph 6 (a) is troubling. It's a class C felony to assemble, conspire to assemble, as a paramilitary organization and have knowledge of its purpose. There's nothing here about its purpose being illegal. This seems exceptionally broad and, again, like this law itself should be constitutionally illegal.
* Paragraph 6 (b) defines "paramilitary organization". Basically it's more than one person who engages or conspires to engage in military instruction or training with weapons. In the entire 7 paragraphs of this law, this is the only one that uses the word "unlawfully" and it only uses it once. I'm wondering, how would the appointed Attorney General of New York, under Governor Cuomo (we all know his stand on firearms), determine the difference between a group training in firearms or explosives use in the event of invasion of this country (lawful) vs. those doing this exact same training to be used against agencies of the New York or federal governments (unlawful)?
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N.Y. MIL. LAW § 240 : NY Code - Section 240: Military parades and organizations by unauthorized bodies prohibited
1. No body of men other than the organized militia and the
armed forces of the United States except such independent military
organizations as were on the twenty-third day of April, eighteen
eighty-three and now are in existence and such other organizations as
may be formed under the provisions of this chapter, shall associate
themselves together as a military company or other unit or parade in
public with firearms in any city or town of this state.
2. No municipal corporation shall raise or appropriate any money
toward arming or equipping, uniforming or in any other way supporting,
sustaining or providing drill rooms or armories for any such body of
men.
3. No body of men shall be granted a certificate of incorporation
under any corporate name which shall mislead, or tend to mislead, any
person into believing that such corporation is connected with or
attached to the organized militia or any unit thereof in any capacity or
way whatsoever. In case any such certificate has been heretofore or may
hereafter be granted, which in the judgment of the adjutant general,
misleads or tends to mislead anyone into believing that such corporation
is so connected or attached in any capacity or way whatsoever, the
adjutant general shall notify such corporation, in writing, to forthwith
discontinue the use of its said corporate name and forthwith take the
necessary steps to change its name pursuant to the statute in such case
made and provided, to some name not so calculated to mislead. In the
event such proceedings are not forthwith taken and completed within six
months from the service of said notice, the attorney general shall bring
an action to procure a judgment vacating or annulling the act of
incorporation of such corporation, or any act renewing the corporation,
or continuing its corporate existence or annulling the existence of such
corporation.
4. Associations wholly composed of soldiers honorably discharged from
the service of the United States, or members of the order of Sons of
Veterans, may parade in public with firearms on Memorial day, or on May
first, known as Dewey day, or upon the reception of any unit of the
organized militia or of the armed forces of the United States returning
from duty or from the active military service of the United States, and
for the purpose of escort duty at the burial of deceased members or
former members of the organized militia or the armed forces of the
United States. Students in educational institutions where military
science is a prescribed part of the course of instruction, and cadet
organizations composed of youths under eighteen years of age, under
responsible instructors, may, with the consent of the adjutant general,
drill and parade with firearms in public under the superintendence of
their instructors.
5. Any person violating any provision of subdivisions one through four
of this section shall be guilty of a misdemeanor.
6. (a) Any person who assembles or conspires to assemble with one or
more persons as a paramilitary organization and has knowledge of its
purpose is guilty of a class C felony when he, with one or more other
members of such organization, practices with a military weapon in order
to further the purpose of such organization.
(b) As used in this subdivision: (i) "paramilitary organization" means
an organization of two or more persons who engage or conspire to engage
in military instruction or training in warfare or sabotage for the
purpose of unlawfully causing physical injury to any person or
unlawfully damaging the property of any person.
(ii) "Military weapon" means any device capable of discharging a
projectile by means of a gas generated from an explosive compound, or
any explosive or incendiary bomb, grenade, rocket, missile, or similar
device or launching device therefor; or any device that simulates any of
the foregoing.
7. This section shall not be construed to prevent any organization
authorized to do so by law from parading with firearms, nor to prevent
parades by the organized militia of any other state.
Taken from: http://codes.lp.findlaw.com/nycode/MIL/11/240
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