Is Destroying Someone’s Drone Illegal?

[AMann]

Why would they have the right to shoot down a drone any more than the right to shoot down an airplane?

Kinda off topic, but is that you and your Piper Cub in your avatar? I love seeing those fly by on their way in to our local airport, they fly so slow and low they are really fun to watch. Aren’t you ever afraid of people throwing rocks at it too?

 

[AMann]

You might want to think that through before you send the footage.

Depending on the state you live in, a railyard might be considered “critical infrastructure “therefore somewhere you should not be flying.

In the state of Oregon for instance a railyard is considered critical infrastructure and therefore you may not fly over that facility at an altitude less than 400 feet if you are not operating under part 107 as a commercial operator... or have prior written consent of the facility owner.

Well, seeing that railroads are deemed as federal “critical infrastructure” by the Department of Homeland Security and Department of Defense, it probably is best not to be flying low over them wether or not your particular state has laws against it, it’s just not worth it.

https://media.defense.gov/2019/Apr/11/2002115504/-1/-1/0/38CRITICALRAILINFRASTRUCTURE.PDF

 

[Huckleberry]

Destruction of private property. Yes, it is illegal.

 

[zocalo]

It would be illegal to throw something at a manned aircraft . Should be just as illegal to mess with a UAV.

It *is* just as illegal to mess with a UAV in many juridications, although you should obviously check the specifics where you are flying. Generally speaking, they are usually legally classed as aircraft, same as any other from a microlight up to a Jumbo, and the specific crime you are looking for is usually "endangering an aircraft" or something along those lines. This is usually a criminal offence as well (Federal in the US), not just a civil one.

Also relevant is that the administration of the airspace falls typically falls to a government body from the ground up (although they will also usually grant additional rights to land owners on various grounds), so many of those laws still hold even if you are over someone else's land at the time. However, you can't just ignore any landowner's rights and fly where you want without any risk of consequence: tresspass is still tresspass, so it can, and probably will, get messy if it ends up in court. Especially so if that land happens to be owned by the government, or assigned specific rights by them.

 

[Teddy warrick]

Is destroying someone’s drone illegal?

Edit: [It is only legal if federal officers deem it a ‘credible threat’ (as per the FAA Reauthorization Act)], otherwise it could be as unlawful as throwing rocks and breaking the employee’s parked and vacant car windshield.

But honestly, I wouldn’t complain to the railroad about it, they could come down on your nuisance complaint like a loose caboose ( hee hee, like the pun?).

A friend of mine got a flat tire at a railroad crossing due to a spike sticking out of the ties, and he sent them a letter asking for reimbursement for a tire. They sent him a bill for damaging the railroad crossing!! Seriously, they could use your photo against you and have their own police give you a trespassing citation or something, it’s just not worth it.

That happen one time on 4th Ave.in Nashville and the railroad had to pay for a lot of tires....So yes I would look in to it and turn the **** guy in he should be a man not a boy he know better.....

 

[tcope]

What would give a landowner the right to shoot down an aircraft over his property? I see nothing illegal about the OP's flight on its face.

What I'm referring to is the case in KY where a homeowner said that he shot down a drone because it was too close to his house. Operator had logs to show that it was not as claimed and homeowner had his "witnesses" (family members) that said it was. Judge ruled that it was okay foe homeowner to shoot drone (not simply call police).

 

[plextech]

Here in Australia, because of CASA's wording calling a UAV an "aircraft," it automatically becomes a Federal offense under our Criminal Code to shoot down (or similar) a drone. In the USA, YMMV.

 

[BigAl07]

What? I don’t believe it’s legal anywhere to shoot a drone.

Gord no one said it was "legal" to shoot a drone down or knock one down with sticks & stones. There are several aspects of those actions that aren't "Legal". Keep in mind that being illegal and getting a court/judge to side with you and award damages are not the same thing. That is what @tcope was referencing in his quote below:

As we know, this is not an absolute. A person may have a right to stop an illegal act. So, for example, if you are in KY and flying way up over someone's property, that person may have the right to shoot your done. Find the wrong judge who does not care what is right or wrong and this may be the outcome.

A drone operator was flying near (not even directly over IIRC ) and the land owner shot his drone down with a shotgun. The judge did NOT follow what we feel like was the law as it's intended and more-or-less sided with the land owner.

So just because it's "Technically" illegal does NOT ensure a positive outcome for you.

Also, IIRC, most of the time the Railroad has a fairly hefty "Right Of Way" out from their actual property and in most places railways ARE considered "Sensitive Infrastructure" and you could be cited if flying too close to or over a rail-yard. I wouldn't push this issue if I were you because the odds are it won't come out in your favor.

Good luck and Safe Flights just the same

 

[pmshop]

I skimmed over this topic and saw a few quotes from FAA but do not see the one specific issue I will mention:
FAA controls our hobby by deeming our drones as "aircraft".
So if someone other than law enforcement downs a drone, it is as sure as downing a full sized aircraft by definition which is a FELONY.
But that is just my opinion...has not been tried in a court of law successfully.

In Texas, we had a representative introduce a bill that would have made it legal to shoot down a drone under 4 specific criteria and must meet all four to do so.
HB376:
Would allow a person to disable, damage, or destroy a drone under certain circumstances. A person would be allowed to shoot a drone out of the sky if all the following conditions are met:

• The shooter is on their own private property,
• An unauthorized drone is on or above private property owned by the shooter,
• The shooter uses a firearm that is legally owned,
• No other laws regarding discharge of a firearm are violated.

Fortunately, he tried to run for Texas senate and lost.
So he is out of Texas Congress and the bill will die.

 

[acrocock]

From what I understand railroad property like a freight train yard is deemed private property and recording video on private property is up to the discretion of the property owner, private security, or police. So reporting the incident may open a can of worms for you. I would leave it and put it down to experience.
Just my thoughts.

 

[Drbobk]

You might want to think that through before you send the footage.

Depending on the state you live in, a railyard might be considered “critical infrastructure “therefore somewhere you should not be flying.

In the state of Oregon for instance a railyard is considered critical infrastructure and therefore you may not fly over that facility at an altitude less than 400 feet if you are not operating under part 107 as a commercial operator... or have prior written consent of the facility owner.

So, you can’t fly higher than 400 ft and over a rail yard you can’t fly under 400 ft. Doesn’t leave much room...

 

[acrocock]

So, you can’t fly higher than 400 ft and over a rail yard you can’t fly under 400 ft. Doesn’t leave much room...

I totally understand what your implying that in some states it may be considered critical infrastructure but if it is not this would come into play

 

[Flyicaptain]

As we know, this is not an absolute. A person may have a right to stop an illegal act. So, for example, if you are in KY and flying way up over someone's property, that person may have the right to shoot your done. Find the wrong judge who does not care what is right or wrong and this may be the outcome.

Um, no it’s not! I live in KY and it is illegal under state and federal law to shoot at an aircraft. That would be like saying it’s legal to shoot at a helicopter hovering over your property at 200 feet, and a sUAS is an aircraft.
The most the property owner can do legally is call the FAA or law enforcement and make a complaint. Law enforcement wouldn’t go very far to investigate unless they found the drone owner. The FAA might investigate, but will only ask the drone owner, if they could find them, to not fly too low or hover over that person’s property. Unless there is a clear violation of which has to be proven by the property owner the FAA cannot do much.
My only comment to Gord would be not to hover near people and they probably wouldn’t try to throw stones at his drone.
I thought his photo was pretty cool!

 

[BigAl07]

Um, no it’s not! I live in KY and it is illegal under state and federal law to shoot at an aircraft. That would be like saying it’s legal to shoot at a helicopter hovering over your property at 200 feet, and a sUAS is an aircraft.
The most the property owner can do legally is call the FAA or law enforcement and make a complaint. Law enforcement wouldn’t go very far to investigate unless they found the drone owner. The FAA might investigate, but will only ask the drone owner, if they could find them, to not fly too low or hover over that person’s property. Unless there is a clear violation of which has to be proven by the property owner the FAA cannot do much.
My only comment to Gord would be not to hover near people and they probably wouldn’t try to throw stones at his drone.
I thought his photo was pretty cool!

You did read where all of this was done and the judge did NOT do as you would expect? Local Law Enforcement didn't do anything and the FAA/DOJ decided it wasn't a case worth pursuing so the drone operator did not get what SHOULD have come his way nor did the rogue shooter.

 

[Mr. Salty]

From what I understand railroad property like a freight train yard is deemed private property and recording video on private property is up to the discretion of the property owner, private security, or police.

A drone wouldn't be on the property.

 

[ShawnWhite]

And judges care about the law not what’s right or wrong ...

Sometimes they care about neither. It isnt legal to shoot a drone but I have seen cases where the judge awards 0 damages to the drone owner whose drone was shot.

 

[pmshop]

Most critical infrastructure has a limit set of 400ft away from and not over it.
Ergo the "not under 400ft"

 

[AMann]

From what I understand railroad property like a freight train yard is deemed private property and recording video on private property is up to the discretion of the property owner, private security, or police. So reporting the incident may open a can of worms for you. I would leave it and put it down to experience.
Just my thoughts.

He wasn’t technically ‘on’ private property while shooting the video, and in the US, anyone can take photos from above private or public property, as long as it isn’t a NFZ or somewhere prohibited by the FAA, and it doesn’t invade someone’s reasonable expectation of privacy... well, except if you are in Kentucky, then a drone is open game.

 

[Dkcoats]

That landowner doesn’t own the air over his property. The FAA does.

 

[BigAl07]

Most critical infrastructure has a limit set of 400ft away from and not over it.
Ergo the "not under 400ft"

In North Carolina, unless otherwise specifically noted... it's 500' laterally and 250' over. That creates a big oval shaped bubble of No Fly area around things like power plants, prisons/jails, etc etc etc.