Is it Legal to Shoot Down a Drone?

[hank970]

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.

Well, yeah, I suppose if a drone were flying at dove range or hovering at squirrel range, then somebody could hit one with a full-choke shotgun or .22. No doubt every cop in central Kentucky is equipped for dove and squirrel hunting on the job. Having served 27 years with a federal law enforcement commission, I'd sue the hell out any cop, local or otherwise, who'd shoot down my drone without justification, and I'd win.

 

[mavic3usa]

Seems there are new efforts underway, starting in TX:

Texas HB2916 | 2025-2026 | 89th Legislature

Summary (2025-02-18) Relating to criminal and civil liability for disabling, damaging, or destroying an unmanned aircraft. [Filed]

legiscan.com

[sorry about the text]

[td]
A BILL TO BE ENTITLED

[/td]​

[td] [/td]

[td]
AN ACT

[/td]​

[td] [/td][td]relating to criminal and civil liability for disabling, damaging, [/td][td] [/td][td]or destroying an unmanned aircraft.[/td][td] [/td][td] BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:[/td][td] [/td][td] SECTION 1. Chapter 423, Government Code, is amended by [/td][td] [/td][td]adding Section 423.010 to read as follows:[/td][td] [/td][td] Sec. 423.010. AFFIRMATIVE DEFENSE: DISABLING, DAMAGING, OR [/td][td] [/td][td]DESTROYING UNMANNED AIRCRAFT. It is an affirmative defense to [/td][td] [/td][td]prosecution for an offense involving damage or destruction of [/td][td] [/td][td]property under Section 28.03 or 28.04, Penal Code, or to civil [/td][td] [/td][td]liability for the damage or destruction of an unmanned aircraft [/td][td] [/td][td]that the person:[/td][td] [/td][td] (1) was on property owned or legally occupied by the [/td][td] [/td][td]person;[/td][td] [/td][td] (2) used a firearm legally possessed by the person to [/td][td] [/td][td]disable, damage, or destroy an unmanned aircraft that the person [/td][td] [/td][td]did not authorize to be on or over the property; and[/td][td] [/td][td] (3) was not prohibited from discharging the firearm [/td][td] [/td][td]under Section 42.12, Penal Code, other law or local regulation, or a [/td][td] [/td][td]dedicatory instrument governing use of the property.[/td][td] [/td][td] SECTION 2. The change in law made by this Act applies only [/td][td] [/td][td]to conduct that occurs on or after the effective date of this Act. [/td][td] [/td][td]Conduct that occurs before the effective date of this Act is [/td][td] [/td][td]governed by the law in effect on the date the conduct occurred, and [/td][td] [/td][td]the former law is continued in effect for that purpose. For [/td][td] [/td][td]purposes of this section, conduct occurs before the effective date [/td][td] [/td][td]of this Act if any element of the conduct occurs before the [/td][td] [/td][td]effective date.[/td][td] [/td][td] SECTION 3. This Act takes effect September 1, 2025.[/td]

 

[Bad Santa]

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.

You sound proud to kill animals for sport. Great to be at the top of the kill chain, isn't it?

 

[dave canada]

face the charges or replace the drone

 

[Droning on and on...]

I try to make a simple point with a bit of humor in a deliberately overwrought fictional example. All laws are enforced with some flexibility because all circumstances can't be anticipated by lawmakers at the time the law is crafted. This is one of the reasons we have prosecutorial discretion, and judges.

If the letter of the law were simply enforced without regard to mitigating circumstances, there would be far more INjustice than justice, and the public would be restless for revolution. How about we put speed monitors on every car that automatically fines you every time you exceed speed limits within the technical measuring limitations of the device? Similar to Red Light Cameras.

Or is it better that a human cop, in his discretion, decides it's really not a violation of the intent of the law when he sees 66mph on his radar in a 65 zone? Can't safely watch the speedo 100% of the time.

So that's my point in answer to the subject of this thread. Anyone that says "yes" or "no" is wrong. The only truly correct answer is, "it depends". And I'm honestly surprised at the argument.

 

[Droning on and on...]

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.

You sound proud to kill animals for sport. Great to be at the top of the kill chain, isn't it?

I don't know nuthin' 'bout morning – or mourning, whatevah! – doves, but pigeons are the rats of the sky, and you can poison, shoot, burn 'em out of THEIR **** SUGAR CANE FIELDS 'TIL THEY'RE ALL SCREAMMING IN HELL!!!!!! YEEEAAAAHHHHHHHH!!!!!!!!!

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[MattInFla]

Florida resident charged with multiple felonies for shooting at a drone:

Florida man who shot down Walmart drone ordered to pay $5,000 to chain

 

[mavic3usa]

Florida resident charged with multiple felonies for shooting at a drone:

Florida man who shot down Walmart drone ordered to pay $5,000 to chain

Clearly the state overcharged when a simple single charge would have sufficed but I guess you can do this when you get a confession and you have a habit of loading up on the charges just to get someone to plead to a lesser charge. The man was clearly wrong for what he did but they went overboard. If he committed multiple felonies, how is he not in jail?

 

[TonyPHX]

Clearly the state overcharged when a simple single charge would have sufficed but I guess you can do this when you get a confession and you have a habit of loading up on the charges just to get someone to plead to a lesser charge. The man was clearly wrong for what he did but they went overboard. If he committed multiple felonies, how is he not in jail?

Because pre-sentencing reports take into account the totality of the offenders situation. His age, plus likely medical concerns gave him points in the direction of retaining some freedom, and likely only had to give up some pride.

 

[DoomMeister]

If he committed multiple felonies, how is he not in jail?

I know of someone convicted of over 40 felonies, that not been incarcerated! Hmmmm, wonder who that could be?

 

[bobmacd]

Russia and Ukraine are doing it all the time. Mr. Trump would probably say it is legal for the Russians to do, and illegal for the Ukrainians.
Or am I reading US foreign policy wrong, living Down Under?