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Flying above an old prison

TnDronePilot

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So about 45 minutes away from where I live in a VERY rural part of East Tennessee, there's a famous old prison called Brushy Mountain Prison and It's where James Earl Ray was housed. It was abandoned in 2009 and recently turned into a museum with guided and self-guided tours. The website says it's currently closed with a re-opening of TBD. I'm not sure if that's because of Covid, winter hours or it's just went out of business. Anyway, I want to fly over the property which I know is okay per our FAA guidelines but, it's reeeealy not the best area to start pissing people off as it's surrounded by vast mountain ranges and people's homes and property. You know, the kind of people that know exactly when a stranger enters the area. I might not end up behind the rotting walls of the prison but could end up buried up in someone's holler. I'm kidding. It's really not like that. I hope ?

With nobody around to answer phones as in this case I'd rather ask for permission than forgiveness, do you think it's still okay to send the drone up? The town is very, very small (population of 583 as of 2010) and I'm not sure the local sheriff would be well versed on the rules and regs of drones if someone reported suspicious activity.
 
The story of the prison sounded familiar and remembered that YouTuber Ken Heron flew the complex a few years ago.

 
If the area is as tough/rough as you describe,I'd be more inclined to think that your drone might be welcomed with a load of buck-shot or used by locals to practise their moving target skills!
Stay safe!
 
I would drive to the town you mention with my drone in the vehicle, locate the local sheriff or their deputy and ask their opinion. Depending upon the initial reception I might phrase my question along the lines of “I think it’s legal to have a drone flying over the facility as far as the FAA is concerned, but I’d like to make sure it’s OK with local regulations and wondered if you could recommend a good place from where I could launch and pilot without bothering anyone.”

If I felt my presence and/or query were not welcome, I wouldn’t fly. Personally it’s more about showing folks who may initially resent drones or my presence respect and humility. That approach has prevented me from flying in some instances and provided opportunities in others. I’m usually less concerned about what I think are my legal rights to fly and more concerned about others desires for privacy, solitude and perceived lack of harassment. Basically treating others like I’d like to be treated if I was in their position.

Howard
 
If the area is as tough/rough as you describe,I'd be more inclined to think that your drone might be welcomed with a load of buck-shot or used by locals to practise their moving target skills!
Stay safe!
It ain't all that bad around there, but one has to respect there...if flying the prison...just fly the prison! If your from up North, your a Yankee and Southern folk don't really take to them...apparently no one has told them they lost the war. :p Side note a part of the Facility is now a legal distillery and the museum, so not going to look empty as it is a fully operational business, so probably not worth the flight and filming...but that is up to the OP. ;)
 
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This is one of those questions that you have to answer for yourself. You don't have to ask anyone permission for anything, it's legal to fly over, full stop. Only Federal prisons are illegal to fly over, you can fly over any state or local prison you want, so long as you don't break any other laws (like taking off or landing in an illegal place, or trying to deliver contraband to an active prison, etc) to do so. Where it's legal to take off and land from is something you'd need to research in advance but the answer in a small town is probably "anywhere", since most tiny counties and municipalities don't spend a lot of time worrying about futuretech like drones. Most of your worry is about your own personal fears and willingness to accept risk of false arrest or angering locals, which is something that only you can answer.

 
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So about 45 minutes away from where I live in a VERY rural part of East Tennessee, there's a famous old prison called Brushy Mountain Prison and It's where James Earl Ray was housed. It was abandoned in 2009 and recently turned into a museum with guided and self-guided tours. The website says it's currently closed with a re-opening of TBD. I'm not sure if that's because of Covid, winter hours or it's just went out of business. Anyway, I want to fly over the property which I know is okay per our FAA guidelines but, it's reeeealy not the best area to start pissing people off as it's surrounded by vast mountain ranges and people's homes and property. You know, the kind of people that know exactly when a stranger enters the area. I might not end up behind the rotting walls of the prison but could end up buried up in someone's holler. I'm kidding. It's really not like that. I hope ?

With nobody around to answer phones as in this case I'd rather ask for permission than forgiveness, do you think it's still okay to send the drone up? The town is very, very small (population of 583 as of 2010) and I'm not sure the local sheriff would be well versed on the rules and regs of drones if someone reported suspicious activity.
Great video! Excellent commentary and smooth flying. Loved it!
 
As a fellow ETN drone pilot I’d recommend contacting the local sheriffs office. They are likely familiar with the aerial interest in the site given the local tourism efforts to capitalize on the location. Some fellow LEOs have shared good photos of the grounds during their tours and it looks like a day well-spent.
 
This is one of those questions that you have to answer for yourself. You don't have to ask anyone permission for anything, it's legal to fly over, full stop. Only Federal prisons are illegal to fly over, you can fly over any state or local prison you want, so long as you don't break any other laws (like taking off or landing in an illegal place, or trying to deliver contraband to an active prison, etc) to do so. Where it's legal to take off and land from is something you'd need to research in advance but the answer in a small town is probably "anywhere", since most tiny counties and municipalities don't spend a lot of time worrying about futuretech like drones. Most of your worry is about your own personal fears and willingness to accept risk of false arrest or angering locals, which is something that only you can answer.

I appreciate all the replies but this one is the response I was looking for. Thanks to all.
 
This is one of those questions that you have to answer for yourself. You don't have to ask anyone permission for anything, it's legal to fly over, full stop. Only Federal prisons are illegal to fly over, you can fly over any state or local prison you want, so long as you don't break any other laws (like taking off or landing in an illegal place, or trying to deliver contraband to an active prison, etc) to do so. Where it's legal to take off and land from is something you'd need to research in advance but the answer in a small town is probably "anywhere", since most tiny counties and municipalities don't spend a lot of time worrying about futuretech like drones. Most of your worry is about your own personal fears and willingness to accept risk of false arrest or angering locals, which is something that only you can answer.

You should check the laws in the state that you wish to fly in. I live in NYS and a couple of years ago, they worked on a bill that would have made flying over any correctional institution illegal. I don't think it ever made it to a vote, but nothing would prevent them from trying to pass a new version of it.

AN ACT to amend the penal law said:
Section 1. Section 240.00 of the penal law is amended by adding three
new subdivisions 7, 8 and 9 to read as follows:
7. "DRONE" MEANS AN UNMANNED AIRCRAFT WHICH IS OPERATED REMOTELY WITH-
OUT THE POSSIBILITY OF DIRECT HUMAN INTERVENTION FROM WITHIN OR ON THE
AIRCRAFT.
8. "RESTRICTED AIRSPACE" MEANS ANY AIRSPACE OVER THE PROPERTY OF A
CORRECTIONAL FACILITY AS DEFINED IN SECTION FORTY OF THE CORRECTION LAW
OR AIRSPACE WITHIN FIVE MILES OF AN AIRPORT.
9. "PERSONAL USE" MEANS THE OPERATION OF A DRONE SOLELY FOR THE
PURPOSE OF PLEASURE OR RECREATION.
 
So about 45 minutes away from where I live in a VERY rural part of East Tennessee, there's a famous old prison called Brushy Mountain Prison and It's where James Earl Ray was housed. It was abandoned in 2009 and recently turned into a museum with guided and self-guided tours. The website says it's currently closed with a re-opening of TBD. I'm not sure if that's because of Covid, winter hours or it's just went out of business. Anyway, I want to fly over the property which I know is okay per our FAA guidelines but, it's reeeealy not the best area to start pissing people off as it's surrounded by vast mountain ranges and people's homes and property. You know, the kind of people that know exactly when a stranger enters the area. I might not end up behind the rotting walls of the prison but could end up buried up in someone's holler. I'm kidding. It's really not like that. I hope ?

With nobody around to answer phones as in this case I'd rather ask for permission than forgiveness, do you think it's still okay to send the drone up? The town is very, very small (population of 583 as of 2010) and I'm not sure the local sheriff would be well versed on the rules and regs of drones if someone reported suspicious activity.
I am 100% with you asking for permission before forgiveness. The FAA has appointed local authorities to help mandate their laws just have a plan drawn-out and preflight checks maps copied for verification. I have experienced that regardless if they know of faa regulations if you are polite and prepared to a professional level they don't usually mind and appreciate the preparation. Now I would check if there is any city ordinances prohibited launching and landing in the area because if they have that in place then they can detain you, cite and fine you.
 
locate the local sheriff or their deputy and ask their opinion. Depending upon the initial reception I might phrase my question along the lines of “I think it’s legal to have a drone flying over the facility as far as the FAA is concerned, but I’d like to make sure it’s OK with local regulations and wondered if you could recommend a good place from where I could launch and pilot without bothering anyone.”

Probably worth the effort.

Know a bit about the history of the site, sounds like you do, mention you'd like to record the site as it is today.
Further, just say that you have in mind 2 flights of about 15mins - 20mins each, with 5 mins between them.
That always eases minds about disturbance / privacy etc.

The other thing about the local sheriff knowing you're operating there, when a possible phone call or 3 come in about the drone, the sheriff will be able to tell the caller it's all ok, nothing nefarious going on, just some history buff filming the site for just 1/2 an hour or so.
 
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