N.Y. Military Law Section 239
Trespassers and disturbers to be placed in arrest

  • sales and gambling prohibited

1.

Any person who shall trespass upon any armory, arsenal, camp, range, base or other facility of the organized militia or other place where any unit of the organized militia is performing military duty, or who shall in any way or manner interrupt or molest the discharge of his military duties by any member of the organized militia or of the armed forces of the United States or who shall trespass or prevent the passage of troops of the organized militia or of the armed forces of the United States in the performance of their military duties may be placed in arrest by the commanding officer of the unit performing such military duty at the place where the offense is committed and may be held in arrest during the continuance of the performance of such military duty.

2.

The commanding officer of any unit of the organized militia performing military duty in or at any armory, arsenal, camp, range, base or other facility of the organized militia or other place where such unit is performing military duty may prohibit persons who hawk, peddle, vend or sell goods, wares, merchandise, food products or beverages upon the streets and highways from conducting sales or auctions, and may prohibit all gambling within the limits of such armory, arsenal, camp, range, base or other facility of the organized militia or other place where such unit is performing military duty or within such limits not exceeding one mile therefrom as he may prescribe. Such commanding officer may in his discretion abate as common nuisances all such sales, auctions and gambling.

3.

Any person who trespasses upon any missile site under the control or jurisdiction of the New York army national guard, or who, in any way interrupts or molests the performance of duty by any person assigned to such site, may be apprehended and detained in custody at the site, by any member of the New York army national guard or any person performing duty at such site. Any person so apprehended and detained shall be delivered, without delay, to a police officer, as defined in subdivision thirty-four of section 1.20 of the criminal procedure law.

Source: Section 239 — Trespassers and disturbers to be placed in arrest; sales and gambling prohibited, https://www.­nysenate.­gov/legislation/laws/MIL/239 (updated Sep. 22, 2014; accessed Oct. 26, 2024).

235
Relief from civil or criminal liability 235‑A
Income and resources not to include agent orange benefits 236
Right of way 237
Free passage through toll-gates and tunnels and over toll-bridges and ferries 238
Converting military property 238‑A
Damaging military or naval equipment, supplies or stores 238‑B
Seizing military stores belonging to the state 238‑C
Wearing of uniforms 239
Trespassers and disturbers to be placed in arrest 240
Military parades and organizations by unauthorized bodies prohibited 240‑A
Historic military commands 241
Devises and bequests 242
Rights of public officers and employees absent on military duty as members of the organized militia or of reserve forces or reserve compo... 243
Provisions applicable to public employees who are absent on military duty 243‑A
Non-contributory retirement service credit for members of the New York state and local retirement systems or the New York state teachers’... 243‑B
Civil service examinations by military personnel 243‑B*2
Payment of certain pension contributions by the city of New York 243‑C
Application period for civil service examinations for military personnel 243‑D
Non-contributory retirement service credit for members of the New York state and local retirement systems, the New York city retirement s... 244
Members of pension system absent on military duty 244‑A
Credit to members of public retirement systems for military service performed during war 245
Retirement allowances of certain war veterans 246
Leave of absence for public employees who are war veterans to continue study 247
Medals and decorations 248
Oaths 249
State and municipal officers and employees granted leaves of absence on July fourth in certain cases 250
Recording certificates of honorable discharge 250‑A
Lt 251
Depriving members of organized militia of employment 252
Discrimination against members of organized militia 253
Military service by parent 254
Video teleconferencing for families of persons ordered to active duty 255
Benefit information for national guard members and families
Green check means up to date. Up to date

Accessed:
Oct. 26, 2024

Last modified:
Sep. 22, 2014

§ 239’s source at nysenate​.gov

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