NO, YOU CAN'T SHOOT DOWN THAT DRONE
Posted: Fri Feb 28, 2025 11:34 am
Good read I get a good read from 2A Legal 2A Legal.
By Andrew Moses, 2A Legal Lawyer
NO, YOU CAN'T SHOOT DOWN THAT DRONE
It seems that everyone, from the kid next door to the military, now has access to unmanned aerial vehicles (UAVs) or drones, as we often call them. You hear about them on the battlefields in Ukraine and you hear that Amazon is going to be using them to deliver your packages. Drones have also made news recently for being sighted in New Jersey and across the United States. People were justifiably concerned about these flying objects around their businesses, homes, and families.
A question we often hear is, what can we do if there is a drone around our homes? Can we shoot it down? The short answer is, no you cannot shoot down a drone. The Federal Aviation Administration (FAA) regulates all aircraft and UAVs are considered aircraft. 18 USC 32 regulates aircraft and it is a felony to “damage, destroy, disable or wreck any aircraft.” Violation of this statute is punishable by up to twenty years.
A recent case in Lake County, Florida involved a 72-year-old man who shot at a drone and was charged with shooting a deadly missile in a vehicle and one count of criminal mischief. The man believed that it was a surveillance UAV and shot at it with his 9mm pistol. The police report indicates that he was surprised to learn that it was a Walmart delivery drone that was being tested. Fortunately, he was not charged in Federal Court, and it appears he entered into a diversion program where his only requirement was to stay out of trouble and repay the cost of the drone.
So, your next question is what can I do about a drone hovering near my home? The answer is very little. You can report it to the FAA if there is a violation of FAA rules. If you are concerned that the drone is capturing video, local law enforcement might get involved as voyeurism is still a state crime that could be prosecuted.
It is likely that the rules and laws involving drones will evolve over time. More regulations will appear in order to protect individuals and their privacy. Should you have concerns about drones flying in your area, contact your local law enforcement agency; don’t take matters into your own hands.
By Andrew Moses, 2A Legal Lawyer
NO, YOU CAN'T SHOOT DOWN THAT DRONE
It seems that everyone, from the kid next door to the military, now has access to unmanned aerial vehicles (UAVs) or drones, as we often call them. You hear about them on the battlefields in Ukraine and you hear that Amazon is going to be using them to deliver your packages. Drones have also made news recently for being sighted in New Jersey and across the United States. People were justifiably concerned about these flying objects around their businesses, homes, and families.
A question we often hear is, what can we do if there is a drone around our homes? Can we shoot it down? The short answer is, no you cannot shoot down a drone. The Federal Aviation Administration (FAA) regulates all aircraft and UAVs are considered aircraft. 18 USC 32 regulates aircraft and it is a felony to “damage, destroy, disable or wreck any aircraft.” Violation of this statute is punishable by up to twenty years.
A recent case in Lake County, Florida involved a 72-year-old man who shot at a drone and was charged with shooting a deadly missile in a vehicle and one count of criminal mischief. The man believed that it was a surveillance UAV and shot at it with his 9mm pistol. The police report indicates that he was surprised to learn that it was a Walmart delivery drone that was being tested. Fortunately, he was not charged in Federal Court, and it appears he entered into a diversion program where his only requirement was to stay out of trouble and repay the cost of the drone.
So, your next question is what can I do about a drone hovering near my home? The answer is very little. You can report it to the FAA if there is a violation of FAA rules. If you are concerned that the drone is capturing video, local law enforcement might get involved as voyeurism is still a state crime that could be prosecuted.
It is likely that the rules and laws involving drones will evolve over time. More regulations will appear in order to protect individuals and their privacy. Should you have concerns about drones flying in your area, contact your local law enforcement agency; don’t take matters into your own hands.