By LawInspectsYes, it is true that if you shoot down a drone right here in the United States, it can very well lead to some serious federal and state criminal charges against you. But that’s not the full story, you see, there is much more you should know about this specific situation. So just keep on reading to know when it is ok to shoot down a drone.
Are Drones Actually Considered Real Aircraft?
According to the laws of the United States Federal Government, drones are considered aircraft. Even if they are little drones, unmanned, and primarily used for video recording or shipping, the FAA holds them to be considered the same as planes and helicopters. So, damaging or destroying a drone can land you in serious legal trouble, just like damaging any other aircraft.
Why Shooting a Drone Can Get You in Legal Trouble
The federal law that applies here is under 18 U.S. Code § 32, and it says destroying or disabling any aircraft is a felony. Yes, this means a drone is included there. If you shoot one down, you are looking at up to 20 years in prison. This is not a warning; it is a punishable federal crime.
There was an actual incident in Florida in which a man shot down a Walmart delivery drone just 75 feet above the ground. The man had never gotten into trouble before, but he was arrested and fined $5,000. Extremely likely was the fact that his young age and absolutely clean record saved him from jail time. In most cases, things could tend toward the worse for the accused.
But If It’s Over My Property, Can I Shoot It?
This is where things get tricky, actually! Many people think that if a drone is flying over their property, it’s fair game. That̀ s not the case. Even though you own your land, above it, the airspace is regulated by the FAA. Drones are allowed to fly below 400 feet, and that altitude is considered navigable airspace.
So if a drone starts to fly unusually low while invading your privacy, that may be the other vector. Few courts have considered low-flying drones as potential trespassers. Still, it’s never authorized to shoot down a drone. Even if you feel this is trespassing, the right option would be to report the incident to the authorities rather than go and handle it yourself.
What Charges Can You Face for Shooting a Drone?
Even if federal agencies do not do anything, state laws might. States like Wisconsin may have their rules, and you might be charged with disorderly conduct, criminal mischief, or endangering public safety purposes. Jail sentences, fines, or even a criminal record could result from these charges.
Herein lies the difference between states, but surely none give the common citizen the right to take down a drone. With the increasing use of drones, state regulations are tightening rather than loosening.
What Should You Do If a Drone Is Hovering Over Your Home?
If a drone happens to be flying above your property, causing you concern, you should never launch an attack to take it down. Consider documenting it instead. Record using your phone, like taking pictures or recording a video, if the registration number of the drone is visible.
After you’ve gathered the details, report the case to the FAA or the local law enforcement authorities. In scenarios where the drone is recording through windows or suspiciously hovering, it might be subject to privacy laws, and in such places, local police can offer some help.
FAA rules also specify that a drone should be kept in the operator’s direct line of sight, and safe flight practices should be followed. Irresponsible operation or unsafe flight practices warrant the report as the correct legal step.