Is Destroying Someone’s Drone Illegal?

[Deleted member 94307]

I was standing next to railroad tracks on a public street flying over a freight train yard. I got some great video of a train coming in. I never flew directly over the train or any of the three rail workers. I realized when I reviewed the video that one of them picks up a rock and throws it at my drone. I don’t think there is anything illegal about flying over a train yard. Is destroying my drone illegal? Should be. I guess they aren’t worried about damaging their train cars. Luckily he missed but the only reason I ascended at that moment is because my battery was low.

I’ve also had people in boats cast at me twice luckily I’ve been far enough away.. this has happened while I was following a moving boat coming into the marina. I could understand if they were enjoying the peace and quiet of fishing but they weren’t.

Thoughts?

 

[Starz]

Some people just don’t like drones.
Not a lot that can be done about them except be out of range of their ammunition. And, yes what they are attempting to do is not legal.

 

[Deleted member 94307]

Luckily I was

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

 

[Mr. Salty]

Destroying someone else's personal property is illegal, whether it's a drone or cellphone or bicycle.

 

[dronerdave]

Seems like if they could see and throw a rock at your drone that maybe you're too close? Not saying they have a right to toss a rock at your aircraft but...

 

[Deleted member 94307]

Seems like if they could see and throw a rock at your drone that maybe you're too close? Not saying they have a right to toss a rock at your aircraft but...

If they could hit me maybe... but they couldn’t... as I stated before people take it upon themselves to attack me.. I did not fly over people or moving trains. I was off to the side. Watching an ahole throw a rock at me..

 

[tcope]

Destroying someone else's personal property is illegal, whether it's a drone or cellphone or bicycle.

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.

 

[Deleted member 94307]

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

 

[Deleted member 94307]

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

 

[Deleted member 94307]

I was rather shocked that an employee of the train yard would be throwing rocks. Maybe I should send the footage to Conrail.

 

[rangemaster728]

I was rather shocked that an employee of the train yard would be throwing rocks. Maybe I should send the footage to Conrail.

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.

 

[Deleted member 94307]

Nope not considered that and I’m not aware of that anywhere for railroads...

Why are there so many drone haters on a drone website? Lol I’m done mistake posting about it.

 

[AMann]

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.

 

[rangemaster728]

Is destroying someone’s drone illegal?

Only if it is interfering with an emergency scene, otherwise it could be as unlawful as throwing rocks and breaking the employee’s parked and vacant car windshield.

Again, this depends on individual state law.

In my state (Oregon):

A person who intentionally interferes with, or gains unauthorized control over, a drone licensed by the Federal Aviation Administration, or operated by the Armed Forces of the United States as defined in ORS 351.642, an agency of the United States or a federal, state or local law enforcement agency, commits a Class C felony.

CIVIL REMEDIES

SECTION 14. In addition to any other remedies allowed by law, a person who intentionally interferes with, or gains unauthorized control over, a drone licensed by the Federal Aviation Administration, or operated by the Armed Forces of the United States as defined in ORS 351.642, an agency of the United States or a federal, state or local law enforcement agency, is liable to the owner of the drone in an amount of not less than $5,000. The court shall award reasonable attorney fees to a prevailing plaintiff in an action under this section.

 

[Olav van Gerven]

Legal or illegal, why would you bring yourself in the position to have to find that out?

 

[AMann]

Again, this depends on individual state law.

In my state (Oregon):

A person who intentionally interferes with, or gains unauthorized control over, a drone licensed by the Federal Aviation Administration, or operated by the Armed Forces of the United States as defined in ORS 351.642, an agency of the United States or a federal, state or local law enforcement agency, commits a Class C felony.

CIVIL REMEDIES

SECTION 14. In addition to any other remedies allowed by law, a person who intentionally interferes with, or gains unauthorized control over, a drone licensed by the Federal Aviation Administration, or operated by the Armed Forces of the United States as defined in ORS 351.642, an agency of the United States or a federal, state or local law enforcement agency, is liable to the owner of the drone in an amount of not less than $5,000. The court shall award reasonable attorney fees to a prevailing plaintiff in an action under this section.

I edited my post, as per the 2018 FAA Reauthorization Act, only federal officers can down a drone if it is deemed a “credible threat”.

 

[Deleted member 94307]

duhhhh because I like trains? I wasn’t doing anything against FAA, STATE , OR LOCAL LAWS.

 

[Deleted member 94307]

Can

 

[AMann]

Can I unsubscribe from my own post?

Yeah, just unwatch it. But why post something asking for thoughts if some good answers and advice you get may not agree with you or be what you wanted to hear? And we are not “drone haters” for not supporting your point of view. Sorry, it’s advice meant to be supportive, even if it’s not from a cheer leading squad.

 

[sdold]

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.

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.