Is it Legal to Shoot Down a Drone?

[The Droning Company]

Is It Legal to Shoot Down a Drone?

 

[Bad Santa]

Discharging a firearm into the sky is illegal in most places unless legally hunting for game (where permitted).

 

[Evan03]

Did your drone take a hit?

 

[mavic3usa]

Funny how everyone will explain what's written on paper but nobody will talk about what happens in real life.

I think everyone knows citizens can't shoot at something unless it's in self-defense. The real question being asked is what are you going to do about it if I shoot at a drone? Then you have a different answer.

The reason why this question continues to be asked is because this is the formula for a disaster which is often never enforced. Most people cannot hit a drone so they end up "shooting at a drone" instead of "shot a drone down." In that case, IMO the federal law certainly isn't going to do anything about "shooting at a drone" and I hate to say it but in most places where people have guns where they shoot at stuff, the local law isn't going to do anything about "shooting at a drone." Shooting up in the air is a myth, all guns that fire a projectile "shoot into the air" regardless of what they are pointing at.

So problem solved, you don't want a drone over your property, shoot at it (don't hit it) and the drone will run and won't come back. IMO still not legal but I bet it happens 100 times more than we think in some places.

Think about it, nobody asks (and repeatedly keep asking) if you can shoot at a car parked across the street watching your house. Because if you do, you'll find out (unlike with a drone).

 

[hank970]

18 USC 32

 

[Meta4]

18 USC 32

No matter how many people quote 18 U.S. Code § 32 - Destruction of aircraft or aircraft facilities
No judge is going to treat destruction of a $500 DJI mini or a $2000 Mavic 3 pro the same way as damaging a real airplane.

 

[Cafguy]

If you intentionally fire a weapon into the air you are committing a FELONY. If you accidentally discharge a weapon you will still be charged with a misdemeanor "illegal Discharge". If that accidental Discharge happened within a certain distance to your neighbors home OR causes damage You will be charged with a Felony.
The punishments are extreme for shooting at any aircraft and if you shoot at a Drone you could BUT probably won't go to prison, but you may wish you had been able too.... So that the rest of the family could eat.
In other words just like DWI you cant afford to shoot at a Drone!

Take our recent Walmart Drone shooting incident: The guy was eventually allowed to enter into a legal agreement similar to a “No contest” plea and was required to pay a $5,000.00 fine. Mr. Winn will serve no jail time if he’s is not charged with any new crimes for six months after the plea.
Mr Winn could go to prison for simply speeding for the next 6 months, has to pay 5 grand, and that money is probably peanuts compared with his legal fees.
Shooting at a Drone WILL change your life and not for the better.

 

[dev_willis]

It's definitely illegal. No different than shooting at an airplane. Don't do it.

 

[tstr14]

Just dress it up in a duck costume.

 

[hank970]

No matter how many people quote 18 U.S. Code § 32 - Destruction of aircraft or aircraft facilities
No judge is going to treat destruction of a $500 DJI mini or a $2000 Mavic 3 pro the same way as damaging a real airplane.

18 USC 32 answers the original poster's question. Yes, it's illegal to shoot down a drone. Whether or not the law is enforced is a matter for law enforcement and the courts. Our opinions don't matter.

 

[PHZ]

Funny how everyone will explain what's written on paper but nobody will talk about what happens in real life.

I think everyone knows citizens can't shoot at something unless it's in self-defense. The real question being asked is what are you going to do about it if I shoot at a drone? Then you have a different answer.

The reason why this question continues to be asked is because this is the formula for a disaster which is often never enforced. Most people cannot hit a drone so they end up "shooting at a drone" instead of "shot a drone down." In that case, IMO the federal law certainly isn't going to do anything about "shooting at a drone" and I hate to say it but in most places where people have guns where they shoot at stuff, the local law isn't going to do anything about "shooting at a drone." Shooting up in the air is a myth, all guns that fire a projectile "shoot into the air" regardless of what they are pointing at.

So problem solved, you don't want a drone over your property, shoot at it (don't hit it) and the drone will run and won't come back. IMO still not legal but I bet it happens 100 times more than we think in some places.

Think about it, nobody asks (and repeatedly keep asking) if you can shoot at a car parked across the street watching your house. Because if you do, you'll find out (unlike with a drone).

Careful. That parked car may shoot back.

 

[Droning on and on...]

Discharging a firearm into the sky is illegal in most places unless legally hunting for game (where permitted).

I imagine if not explicitly in the law, (provable) self-defense would be a successful defense if charged.

After all, last year when a flock of Bald Eagles attacked me in the hot tub at the local children's swim center, I took them all out with my AK, placed right next to me on my towel, of course.

No one objected... good eating

Seriously though, my point is there are certainly circumstances where it would be justified, and unlikely a DA would even waste time with charges.

Juries tend to be very sympathetic to people defending themselves from imminent harm, the statutes on the books notwithstanding.

 

[Blairsville]

View attachment 181136




Is It Legal to Shoot Down a Drone?

Florida statue in public or residential area….First degree Misdemeanor if no lose of property. 2nd degrees felony if someone hit.

 

[Bad Santa]

I imagine if not explicitly in the law, (provable) self-defense would be a successful defense if charged.

After all, last year when a flock of Bald Eagles attacked me in the hot tub at the local children's swim center, I took them all out with my AK, placed right next to me on my towel, of course.

No one objected... good eating

Seriously though, my point is there are certainly circumstances where it would be justified, and unlikely a DA would even waste time with charges.

Juries tend to be very sympathetic to people defending themselves from imminent harm, the statutes on the books notwithstanding.

Well, with the drone operator, likely, having a video of the encounter, the self defense will be a hill to climb.

But, the fact of the matter is... it IS illegal to shoot a drone (unless it's yours and not flying)

 

[thispilothere]

Back home in LA it's completely illegal. Here in central KY, it wouldn't be a big deal as long as it isn't in a crowded neighborhood. I've had 3 officers threaten to shoot my drone down and they would have been applauded for doing it.

 

[Cafguy]

Back in West Texas everyone has a weapon, its just common and someone walking out of their house with a shotgun wouldn't get a second look
Here in Bakersfield California, You are gonna have most of the police force and a Helicopter surrounding you!
I was raised in Texas and when I moved to California The Peoples apprehension towards guns was and still is a little strange to me.
Even in Texas tho one good way to get the Sheriff to arrest you is to shoot a gun into the air.

 

[hank970]

Back home in LA it's completely illegal. Here in central KY, it wouldn't be a big deal as long as it isn't in a crowded neighborhood. I've had 3 officers threaten to shoot my drone down and they would have been applauded for doing it.

Your drone is probably safe in central Kentucky. I doubt any police officer could shoot down a drone in flight, regardless of their choice of weapon.

 

[MS Coast]

Your drone is probably safe in central Kentucky. I doubt any police officer could shoot down a drone in flight, regardless of their choice of weapon.

Mourning Doves fly at up to 55 mph, faster than all DJI consumer drones. I know from personal experience (and the expenditure of quite a few shells) that they can be dispatched with a shotgun. Similar thoughts apply to hovering drones and squirrels taken with a .22 rifle.

 

[Droning on and on...]

Well, with the drone operator, likely, having a video of the encounter, the self defense will be a hill to climb.

I was speaking generally, not about any specific incident.

Apparently I need to give a specific example?

Snidely Whiplash is flying his DJI drone at full Sport at my dog in the field behind my house, playing chicken, turning away at the last minute. The dog is acting like a dog, trying to catch this thing attacking him. I can't get him to come to me. For the sake of argument assume the threat and piloting is so egregious everyone would agree that dog was in danger. If necessary, have Snidely play chicken once with me too while I was watching. I have no idea where Snidely is.

I take out my 12 gauge and blow the f***ing thing out of the sky.

Snidely files a complaint, an officer pays me a visit, we part amicably and Snidely is ignored.

The DA would like to be re-elected.

 

[Cafguy]

I was speaking generally, not about any specific incident.

Apparently I need to give a specific example?

Snidely Whiplash is flying his DJI drone at full Sport at my dog in the field behind my house, playing chicken, turning away at the last minute. The dog is acting like a dog, trying to catch this thing attacking him. I can't get him to come to me. For the sake of argument assume the threat and piloting is so egregious everyone would agree that dog was in danger. If necessary, have Snidely play chicken once with me too while I was watching. I have no idea where Snidely is.

I take out my 12 gauge and blow the f***ing thing out of the sky.

Snidely files a complaint, an officer pays me a visit, we part amicably and Snidely is ignored.

The DA would like to be re-elected.

I would be as angry as you even if it wasn't my Dog but Depending on the surrounding area you just fired your 12 gauge is what is going to determine what puts you in jail, not weather the officer agrees with you or not. You are correct the D.A. does want to be re-elected and ignoring violations of the law because of his or her personal feelings is one way to insure that they will lose their position. Vigilante justice is not tolerated in the legal system. So because of that you are gonna get charged with something You can bet on that. NOW what punishment you may receive if convicted thats a whole nother story.