Homeowner Claims Airspace Up To 500 ft Above His House - Legal?

[cderoche]

I've read many, many threads like this one on multiple drone sites. I'm not sure how many of you actually own firearms or shoot them regularly, but, if you are actually above 150' and moving, it is essentially impossible for anyone to shoot a drone out of the sky. Even if they are an incredible shot. Thus, if your drone gets shot down, it had to be stationary. And, I find explanation challenging for a drone to be stationary above private property without permission long enough for anyone to get a rifle, load it and take a shot.

I fly over private property often, but, it usually in transit to somewhere else. I am stationary above my own property and direct neighbors quite often, but, I've made the effort to visit with all of them to show my drone and answer any questions up front. This doesn't address the original questions on legality, but, worrying about someone shooting your drone down if you are not doing something suspicious anyway is a waste of time.

It does seem to be quite difficult to shoot one from the sky if you're high up and moving. This expert shotgunner had to shoot it @ only 50' up and stationary.

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[cderoche]

Not with a shotgun it's not.

It certainly can be done with a shotgun, duck hunters hit fast small moving targets regularly. Of course duck hunters are lying in wait gun in hand loaded ready to shoot. A home owner like steen said would have to run in and grab a gun and stuff. I guess if you make it a habit to fly the same course over a mad neighbors house it can happen.

 

[steen6673]

It certainly can be done with a shotgun, duck hunters hit fast small moving targets regularly. Of course duck hunters are lying in wait gun in hand loaded ready to shoot. A home owner like steen said would have to run in and grab a gun and stuff. I guess if you make it a habit to fly the same course over a mad neighbors house it can happen.

I do agree with Mr. Salty and cderoche, it can alway be done - especially if you are lower than 100'. I'm just saying at 150' (50 yards) and moving above 15 mph, it would be mostly luck even for an expert shot. Of course, when using any firearm for an illicit purpose, bad things can and most likely will happen now matter what. I'm just saying that getting shot of the sky is not something for most all of us drone pilots to seriously worry about if practicing good etiquette while above others private property. Also, excellent dialogue gentlemen! This is how I continue to learn daily and love this hobby!!

 

[cderoche]

I've read many, many threads like this one on multiple drone sites. I'm not sure how many of you actually own firearms or shoot them regularly, but, if you are actually above 150' and moving, it is essentially impossible for anyone to shoot a drone out of the sky. Even if they are an incredible shot. Thus, if your drone gets shot down, it had to be stationary. And, I find explanation challenging for a drone to be stationary above private property without permission long enough for anyone to get a rifle, load it and take a shot.

I fly over private property often, but, it usually in transit to somewhere else. I am stationary above my own property and direct neighbors quite often, but, I've made the effort to visit with all of them to show my drone and answer any questions up front. This doesn't address the original questions on legality, but, worrying about someone shooting your drone down if you are not doing something suspicious anyway is a waste of time.

I like that you spoke with your neighbors, that would certainly put more people at ease, at least they would recognize your drone and know its you flying and not wonder who is flying around up there. I spoke with a few of mine, one came watch me fly one day thought it was a cool gadget and whatnot. I think once people see that when you're a few hundred feet up or so that there is no point of being worried too much about their daughter sunbathing or whatever, since you can't make out too much ground detail from that high. At least nothing to get excited about lol.

 

[cderoche]

I do agree with Mr. Salty and cderoche, it can alway be done - especially if you are lower than 100'. I'm just saying at 150' (50 yards) and moving above 15 mph, it would be mostly luck even for an expert shot. Of course, when using any firearm for an illicit purpose, bad things can and most likely will happen now matter what. I'm just saying that getting shot of the sky is not something for most all of us drone pilots to seriously worry about if practicing good etiquette while above others private property. Also, excellent dialogue gentlemen! This is how I continue to learn daily and love this hobby!!

I know when I use RTH on my Mavic and even if I'm only 200ft up and know exactly where it is coming from when I fly far out, I listen and look and seems like it is right on top of me before I see it finally. That's why every time I fly out from my backyard I immediately climb to about 200 feet then head out. I would think if you have a neighbor lying in wait and is that accurate of a shot to hit a random drone that appeared flying 20mph at 150ft up that came out of no where, and that guy lives in your neighborhood, you have an even bigger problem than just a guy shooting at drones.
You have a guy that thinks like this guy:

 

[steen6673]

I know when I use RTH on my Mavic and even if I'm only 200ft up and know exactly where it is coming from when I fly far out, I listen and look and seems like it is right on top of me before I see it finally. That's why every time I fly out from my backyard I immediately climb to about 200 feet then head out. I would think if you have a neighbor lying in wait and is that accurate of a shot to hit a random drone that appeared flying 20mph at 150ft up that came out of no where, and that guy lives in your neighborhood, you have an even bigger problem than just a guy shooting at drones.
You have a guy that thinks like this guy:

LOL - this made my night! I have to agree wholeheartedly!!!! Hilarious

 

[hibby]

if you are actually above 150' and moving, it is essentially impossible for anyone to shoot a drone out of the sky. Even if they are an incredible shot. Thus, if your drone gets shot down, it had to be stationary. And, I find explanation challenging for a drone to be stationary above private property without permission long enough for anyone to get a rifle

Rifle? Shotgun would be the preferred tool. Also, it's the loitering drone that I'd be concerned about.

 

[butterflyslicer]

Not sure why a) you would fly over someone's house and b) why you would want to antagonise your neighbours.

because you can?...

 

[Lapeer20m]

It is a federal crime to shoot down aircraft, the FAA confirmed that that includes drones. This is great news for anyone who has a drone, and for anyone who doesn’t want errant bullets falling from the sky, and it’s bad news for anyone eager to pump a quadcopter full of lead.

Look it up.

While technically unlawful, how many cases has the FAA brought against homeowners for shooting down drones above their property?

 

[cderoche]

Rifle? Shotgun would be the preferred tool. Also, it's the loitering drone that I'd be concerned about.

Even the loitering can be explained, as long as you're high enough up. If you're focused on filming say a sunset such as in one of my videos, I was up pretty high, most likely too high for anyone to notice, and I basically sat in the same spot until my low battery forced me back down. From high up, it is very hard to tell whose exact property it was over (in my case it was directly over my own yard) but for the sake of argument, I only aimed the camera at the horizon, not down, but no one on the ground knows where the camera is pointing. And I could see if I were lower than I were and had an Angry Bird with a gun for a neighbor, my drone could have potentially been a target (I think I was almost 1000 feet up that day).

The thing I don't get is some people absolutely despise drones, but the same people are perfectly fine with all other forms of privacy invasion (assuming you're spying on your neighbor with a drone). Most if not all big cities today have surveillance cameras all over the place, they are also in every bank, most gas stations, every ATM, etc. Not to mention, people have such a thing as Google Glass, and look at how many people walk around taking selfies and you're in the shot, (I went to a Garth Brooks concert couple months back and the woman sitting in front of me must have got two dozen photos of herself and my crotch in the back ground! lol) Maybe I should have shot her phone down . Plus the weird trend of the latest generation of kids with these weird Vlog things on YouTube always walking around filming people messing with people. Plus by now everyone has heard of Eric Snowden and what he revealed about the NSA. If the average person were as outraged over a drone flyover vs all of the above, perhaps we would have a little more privacy overall today. Patriot Act is another example. Anyway that's my rant.

 

[cderoche]

because you can?...

lol

 

[cderoche]

While technically unlawful, how many cases has the FAA brought against homeowners for shooting down drones above their property?

I don't know but maybe there hasn't been that many drone shoot downs (or should I say enough) and maybe some have been reported at all. If you were doing wrong with a drone probably best to not report it. I know if I were not hovering low in my neighbor's backyard and flying legal and just flying over and a neighbor shot my drone down, he'd be reported to both local and federal authorities, unless he/she paid for the drone and apologized. Where are those bullets landing that are shot into the air? Not far from where I live, every year for New Years people shoot guns into the air like a bunch of crazies and wouldn't you know it falling bullets kill people depending on the trajectory.

 

[tcope]

While technically unlawful, how many cases has the FAA brought against homeowners for shooting down drones above their property?

None... because a UAV is not considered an "aircraft" in every case. The ruling applies only to the FAA's ability to regulate UAVs. If anyone thinks a UAV is the same as an aircraft, period... please let me know where you are putting your tail number and other airplane required items.

 

[code_ultra_zyl]

I live 10 minutes out of town, in a rural, but populated area. I have flown hundreds of times... often over my neighbors property, with no problems. Here is what I did: When I meet any of my neighbors under normal circumstances, I mention that I occasionally fly a drone in the area in the interest of learning to fly, and for nature photography (which I do). They are almost always unconcerned... and now, if they do spot it going over, they know it is me. I don't linger over their houses, and typically fly above 180-200 feet. The Mavic is very audible in sport mode... but much quieter in positioning mode, so I keep the speeds down. I have been flying like this for 8 months, and NO issues whatsoever. Another trick to gain the support of your neighbors is to show them some beautiful imagery: I have some clips of the sunrise through the treetops of the forest near my house that is SO beautiful, it quickly dissipates their suspicions about drones being used to 'snoop.'

 

[Mr. Salty]

It certainly can be done with a shotgun, duck hunters hit fast small moving targets regularly. Of course duck hunters are lying in wait gun in hand loaded ready to shoot. A home owner like steen said would have to run in and grab a gun and stuff. I guess if you make it a habit to fly the same course over a mad neighbors house it can happen.

True, but if a particular neighbor is really annoyed by a drone he may sit out in his backyard just waiting for it.

My main thought with a shotgun is that it doesn't take much to take down a quadcopter. If one pellet does a decent amount of damage to a propeller, it's probably coming down. But sure, a certain amount of luck is going to be involved.

 

[cderoche]

None... because a UAV is not considered an "aircraft" in every case. The ruling applies only to the FAA's ability to regulate UAVs. If anyone thinks a UAV is the same as an aircraft, period... please let me know where you are putting your tail number and other airplane required items.

Well, before the recent court ruling, they were requiring all drones over a half pound to be registered as an aircraft, and I have the registration number on mine, as well as a certificate I was supposed to have on my person. I agree with you in that this was likely just to attempt to regulate the hobby, but I think they need to protect us if they plan on regulating it too. Enforce the law on both sides of the fence.

 

[cderoche]

I live 10 minutes out of town, in a rural, but populated area. I have flown hundreds of times... often over my neighbors property, with no problems. Here is what I did: When I meet any of my neighbors under normal circumstances, I mention that I occasionally fly a drone in the area in the interest of learning to fly, and for nature photography (which I do). They are almost always unconcerned... and now, if they do spot it going over, they know it is me. I don't linger over their houses, and typically fly above 180-200 feet. The Mavic is very audible in sport mode... but much quieter in positioning mode, so I keep the speeds down. I have been flying like this for 8 months, and NO issues whatsoever. Another trick to gain the support of your neighbors is to show them some beautiful imagery: I have some clips of the sunrise through the treetops of the forest near my house that is SO beautiful, it quickly dissipates their suspicions about drones being used to 'snoop.'

Another reason I post many of my videos on YouTube. They're out there for any of them to see what I do with my drone...

 

[cderoche]

True, but if a particular neighbor is really annoyed by a drone he may sit out in his backyard just waiting for it.

My main thought with a shotgun is that it doesn't take much to take down a quadcopter. If one pellet does a decent amount of damage to a propeller, it's probably coming down. But sure, a certain amount of luck is going to be involved.

Definitely. Wouldn't take but one pellet in the right spot.

 

[cderoche]

While technically unlawful, how many cases has the FAA brought against homeowners for shooting down drones above their property?

Just got a reply back from the FAA on this matter, to clear up any misconceptions on whether shooting down a drone is a federal crime or not. I think someone else (not Lapeer20m) posted earlier that a drone wasn't even considered an aircraft. I think that any drone shootdown victims should be aware of this info. You'd file the complaint with the DOJ. In fact, you can get 5 years in prison just for the threat of shooting a drone down. Here is a screen shot of the email from them below.

 

[PDXteriors]

You MIGHT get 5 years in prison. No judge has made this the case and the only one who has heard a case relating to shooting a drone down has ruled in favor of said shooter.