Would someone please settle this..can a landowner shoot down our drones or not?

[dewster]

I say: don't loiter over property (especially in the country), fly high and avoid passing over areas twice. The skies aren't so friendly anymore.


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[integlikewhoa]

A Mavic is not an aircraft.

Otherwise you'd go to prison for drinking while flying a Mavic.

ssshhhhh Or they will make me stop!

 

[tcope]

The FAA classifies these drones as aircraft and make you register and mark them. I'm sure you can get Federal charges placed for downing an aircraft. Flip side may be that charges could be placed for reckless operation of an aircraft.

Drones are considered aircraft _only_ as it pertains to the FAA jurisdiction over them. This does not also automatically mean a drone is considered an aircraft in all other regards.

 

[Blucenturion]

True,. a pilot like that is more likely to get his tires slashed by the neighbors than his drone shot down.
best way to go about it is just takeoff vertically to 400 feet in your own airspace, then move around, do your thing, then land vertically from 400 feet in your own airspace. never fly too close nor too low, and all should be fine.

This is how I intuitively have done it since I began.




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[stratos]

Legally he cant.



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[wes]

Just had a big debate with my engineer that says he could shoot down my drone if I flew it over his house. I said really can you shoot down a helicopter flying over your house too? He didn't know how to answer that.

So then he brings up that he talked to a lawyer and they looked it up and said that people own the air space above their house(which I am not sure even that is true) but then I said even if that is true that doesn't give you the right to shoot down a drone flying over your property temporarily.

So can I have a definitive answer on this subject please?

 

[grizzard]

If you're flying at 400' he'll probably run out of ammunition before he hits you and someone will call the sheriff to say terrorists are training nearby. Just keep moving ......

 

[wes]

Legally he cant.



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MavicPilots

Documented court case says no one can fly under 84 feet over private property! Helicopter,drone,airplane. However can not shot down anything.
Lawyer better check his laws.

 

[grizzard]

Interesting that nobody has mentioned the inherent danger of firing a weapon into the air. Jimbobjo shoots at little Johnny's Mavvie flying over his house and the bullet lands some miles away and kills someone. THAT is the real problem with anyone 'fixin' to blow someone's drone out of the air.

A 165 grain bullet travelling at 3,000' per second semi-horizontally can definitely kill someone. And the spent slug can be traced to a particular rifle by matching it's groves. So anyone firing at a drone is really putting himself in a liability situation .... a smart person would just call the sheriff.

 

[kydroneman]

Just had a big debate with my engineer that says he could shoot down my drone if I flew it over his house. I said really can you shoot down a helicopter flying over your house too? He didn't know how to answer that.

So then he brings up that he talked to a lawyer and they looked it up and said that people own the air space above their house(which I am not sure even that is true) but then I said even if that is true that doesn't give you the right to shoot down a drone flying over your property temporarily.

So can I have a definitive answer on this subject please?

shoot him and the lawyer. FAA owns the air.

 

[tcope]

Documented court case says no one can fly under 84 feet over private property! Helicopter,drone,airplane. However can not shot down anything.
Lawyer better check his laws.

That is incorrect. The Causby case involve interfering with the land owners right to use his property as it was intended. Big difference.

 

[WIMMPYIII]

Interesting that nobody has mentioned the inherent danger of firing a weapon into the air. Jimbobjo shoots at little Johnny's Mavvie flying over his house and the bullet lands some miles away and kills someone. THAT is the real problem with anyone 'fixin' to blow someone's drone out of the air.

Lots if people shoot into the sky on a daily basis very little risk of any harm, shot comes down like frozen rain. Trap shooting, bird hunting, some of the first RC controlled aircraft where used for target practice. solid rifled projectile is a completely different story however and can be deadly from miles away.

Not condoning shooting down a aircraft of any kind though.

 

[rydfree]

Lots if people shoot into the sky on a daily basis very little risk of any harm, shot comes down like frozen rain. Trap shooting, bird hunting, some of the first RC controlled aircraft where used for target practice. solid rifled projectile is a completely different story however and can be deadly from miles away.

Not condoning shooting down a aircraft of any kind though.

Google

 

[joet]

Documented court case says no one can fly under 84 feet over private property! Helicopter,drone,airplane. However can not shot down anything.
Lawyer better check his laws.

Actually, that was in that case based on the actual use of the airspace by the landowner. There isn't enough case law (or codified law) to draw a firm legal conclusion that covers all circumstances in the US. You can Google that as much as you like.

 

[tcope]

Actually, that was in that case based on the actual use of the airspace by the landowner. There isn't enough case law (or codified law) to draw a firm legal conclusion that covers all circumstances in the US. You can Google that as much as you like.

Keep in mind, this was tried in the US Supreme Court. So the ruling can/will be used in all other US Courts. What is more in point is that it's not a general statement. That is, it's not as mentioned, that no one can fly under 84' over someone's property (it's actually 83' and under as 83' 1" would apply). There was a lot more to it then just that which is where your post applies. The case also leaves a lot of variations open (such as applying to UAVs, how they interfere with land usage, etc., as you mention.

How it could (and IMHO would) apply is if there is no other breach of privacy on someone's land, it may be ruled that a UAV cannot be used to create that breach. This would be using the Causby case. Of course, it would still need to be shown that the UAV did breach privacy. For example, taking photos at 200' or so might not show enough to breach privacy or show enough intent to violate a specific person's right of privacy.

These things will either not be issues or they will be worked out slowly. The case in KY (Drone Slayer) will be interesting as it goes to this subject.

 

[joet]

Not exactly. 83' was the determination for damages in the Causby case, but the lower court ruled that a property owner had rights to protect against "that interferes with his right to light, air, view, or the safe and peaceful occupation and enjoyment of his land." There was no fixed height that applied to all. Were that to be the case, an apartment owner on the top floor of a 75' building could suffer incursion less than 10' overhead, and someone with a single story building would enjoy 65+ feet overhead. Those two circumstances are not equitable.

 

[stratos]

So, to quickly settle this. DO NOT HOVER over anyone elses backyard. I mean if you are flying high enough and you are just passing by I dont why someone would ever complain.

 

[Rich Sugden M.D.]

Everyone agrees on this subject, right? 'Nuf said!!

 

[WIMMPYIII]

Everyone agrees on this subject, right? 'Nuf said!!

Everyone agrees that it is as grey as clay and as clear as mud.

 

[Roc Rat]

Bottom line...FAA controls all air space and anyone shooting down a drone is in violation of Federal law. Getting the FAA to enforce it may be a difficult problem. I would sue them for the cost of the drone citing FAA rules in small claims court..