Why Shooting A Drone Is NOT A Federal Crime Under 18 USC 32

[Seabeece]

When someone shoots at my drones I call in that a person is trying to shoot down a aircraft. That gets people coming fast.

 

[Jackcutrone]

The argument is apart from gun laws or discharging firearms since those are local laws and the discussion is about a Federal law. The obfuscation with local laws ignores the issue at hand - shooting down a drone. I don't want to further cloud the issue, other than to offer an article from what security professionals have offered their own members....

Before You Pull the Trigger: The Legal Implications of Shooting Down a Drone | 2018-02-13 | Security Magazine

It offers that shooting down a drone is a federal crime and is to be discouraged. Other posts are quite correct to assert that crimes are charged/prosecuted based on a number of factors - political among them and it will often be the case that it is felt more timely/efficient to charge at the State/local level with crimes more easily proven, ie with a history of conviction.

Charged locally with reckless endangerment.....

Man convicted in drone crash that injured woman during Seattle’s Pride Parade

Man charged with piloting drone that struck Space Needle on New Year’s Eve

Clearly, either of those COULD have been charged Federally but they weren't. Likely, in the case of shooting down a drone it would be the avenue of local charges since the use of federal "muscle" might be reserved for more appropriate scenarios.

Leaving this conversation with what the FAA itself offers on this topic.......

FAA confirms shooting down a drone can lead to a potential 20 year jail sentence | Daily Mail Online

The rub will be - and it is likely to happen - that States/local jurisdictions pass laws that ALLOW the shooting down of drones and someone does and claims that as a defense in a case where the US Government takes an interest will get sticky quick!

One of the provisions of the US Constitution is the Supremacy Clause, that says that where a federal and state law conflict, the federal law will be controlling and to the extent of the conflict, the state statute is void. There are several cases that already hold that Congress intended federal laws regulating the national air space to be paramount and that local jurisdictions, states, counties, municipalities cannot pass laws to regulate air traffic. So I don't think that a contrary local law will provide a defense - a mistake of law is generally not a defense to a criminal charge.

 

[drvrbob]

That varies by city and state. The only printed law you would be breaking shooting a drone is destruction of property. There is no law specifically about drones.

I believe this has already been answered as the federal government has stated that no city-state municipality can regulate the airspace that is the FAA job. Local government can regulate where you take off and land from but once you are airborne and it is in a place that you are allowed to take off or land in you cannot be in trouble by local law enforcement. Not to say it won't happen but I don't believe at this point anyone has been arrested and this has gone to a trial and this is what will have to happen for this to finally be put to rest just my two cents worth.

 

[k9x9]

fact discharging a fire arm within city limits or a residential area is against the law as well. so if you shoot a drown either way your violating a gun law.

As someone else mentioned, that varies by location. The zoning for a given area will play a role as well. For example, we live in a residential area with a few farms sprinkled about. Twenty years ago, however, this area was all farms and was never re-zoned. Thus, it is still agriculturally zoned and pretty much anything goes. My neighbors routinely shoot everything from bows to AR-15s - sometimes right in the front yard - and are legally within their rights to do so. That said, if someone shot a drone down they would likely be charged criminally as they're pretty serious about property laws around here.

 

[drakkor]

Another related article I found today:
Can I legally shoot down a drone that is hovering over my house or backyard property?

 

[NetDep]

One of the provisions of the US Constitution is the Supremacy Clause, that says that where a federal and state law conflict, the federal law will be controlling and to the extent of the conflict, the state statute is void. There are several cases that already hold that Congress intended federal laws regulating the national air space to be paramount and that local jurisdictions, states, counties, municipalities cannot pass laws to regulate air traffic. So I don't think that a contrary local law will provide a defense - a mistake of law is generally not a defense to a criminal charge.

Quite correct but the practicality and politics always will muddy the water - see marijuana for quite the conundrum about THAT one.

 

[Prmath]

Big BIG difference between just Flying over someone’s backyard VS hovering too low in a way to cause the home owner to feel uncomfortable.
The pilot KNOWS right from wrong

 

[Rotorcrafty]

I think it's probably very difficult to soot down a small drone like a MP. Firstly if it is passing overhead at 100ft AGL it would be out of range of most shotguns and difficult to follow through a scope. Also sighting a rifle scope is based on horizontal attitude of the muzzle so drop rates and range will be different if shooting upwards and the scope most likely will not be calibrated for those angles and projectile velocities. If the drone is in shotgun range over private property then it is too low and/or too slow. If discharging a firearm is legal for that shooter, then I gues it's fair game.

 

[flipf]

I do not have much to add to what has already been written, however I feel the need to point out that I have participated in more than my fair share of " Doors Off " operations both stateside and other, and would hesitate to think that it would be held up as a reasonable excuse for shooting at me. In addition to Hot-Air balloons, most of which I am sure don't have doors, and research weather balloons , again no doors, Both military and several civilian courts have ruled that if its off the ground and moving by itself its a "AIRCRAFT" I don't feel that Mr. Frankel has ever litigated this issue because if he had his post would read entirely different, one way or another. We would also have to point out that all 4 of my drones have doors, behind which resides SD cards, charging ports, etc: so Mr. Frankel while you're at it could you please define "doors". BTW there has been people that shot at us with our doors off, It did not work out so well for them!

 

[BanditsRoost]

I think it's probably very difficult to soot down a small drone like a MP. Firstly if it is passing overhead at 100ft AGL it would be out of range of most shotguns and difficult to follow through a scope. Also sighting a rifle scope is based on horizontal attitude of the muzzle so drop rates and range will be different if shooting upwards and the scope most likely will not be calibrated for those angles and projectile velocities. If the drone is in shotgun range over private property then it is too low and/or too slow. If discharging a firearm is legal for that shooter, then I gues it's fair game.

Not so. Most any drone at 100 feet would be an easy shot for even a beginner duck, dove or goose hunter. Drones by comparison are big, clumsy and slow. Easy pickins out to 120 feet and not real difficult at 200 feet with #7 shot. Add some 00 buck and 300 feet could happen.

 

[Lapeer20m]

It is my understanding that drones have been shot down in the USA, and so far the FAA has prosecuted zero people for this “crime”

Various local courts have ruled in favor of the pilot or the homeowner depending on circumstances, but nobody has been charged or found guilty of a federal crime involving shooting down a drone as far as I’m aware.

It may or may not be a federal crime but the chances of being found guilty is apparently pretty slim.

 

[Maxheadspace]

For people still saying that shooting A Drone Is A Federal Crime Under 18 USC 32. Is it apparently not !

Found this story here:
Why Shooting a Drone is NOT a Federal Crime Under 18 USC 32 | The Libertarian Lawyer

Shooting down a drone violates many laws and civil torts. Even if it doesn’t violate 18 USC 32. Intentional destruction of private property, wreckless endangerment (the drone has to crash on something)...just to name a couple. Putting all eggs in one basket (18 USC 32) suggests an inept lawyer.

 

[dewster]

It’ll get shot down if you park your drone in the sky. It just sucks for 107 Pilots on commercial shoots when a crazy neighbor thinks they’re being spied on. Recreational flyers should keep it moving. Don’t fly in the same area twice. Take an indirect route home.

 

[chazzm]

No because federal laws over ride state law!
And the discharging a firearm at an aircraft is a federal crime! The discharging of a firearm in city limits is a city or state law, I seriously doubt that someone would be only charged with a state or city law and a federal crime forgotten about!!!

 

[DJI Ferrari]

For people still saying that shooting A Drone Is A Federal Crime Under 18 USC 32. Is it apparently not !

Found this story here:
Why Shooting a Drone is NOT a Federal Crime Under 18 USC 32 | The Libertarian Lawyer

I heard from a friend who lived in Texas that a man shot down a drone that was crossing over his yard at 400 feet because his 7 year old daughter was in the backyard and the pilot hopped the fence and threatened the man and saying it was on auto return home but as he was saying that the drone fell to the ground and killed his 7 year old daughter. I looked online for the story but could not find anything about it, but upon visiting my sister recently who has lived in Texas near where it supposedly happened, I found out it actually did happen and that little girl lost her life and it was her fathers fault for shooting down the drone, it was a one of those go pro carrying drones, but it had no go pro on it, so I guess that means the pilot was an idiot for flying blind.

Bottom line, shooting down drones is a stupid idea because I have flown at 400 feet which is where I always fly and at that altitude seeing what someone is doing isn't easy even with my 10 inch super bright galaxy tab, its just too high. Shooting down drones should be made illegal, unless it is over your property. However, home owners should be given a device to install into their homes which would send a signal so when drones fly near that property it would be like entering a no fly zone, like a signal wall preventing flight over it.

 

[sar104]

I heard from a friend who lived in Texas that a man shot down a drone that was crossing over his yard at 400 feet because his 7 year old daughter was in the backyard and the pilot hopped the fence and threatened the man and saying it was on auto return home but as he was saying that the drone fell to the ground and killed his 7 year old daughter. I looked online for the story but could not find anything about it, but upon visiting my sister recently who has lived in Texas near where it supposedly happened, I found out it actually did happen and that little girl lost her life and it was her fathers fault for shooting down the drone, it was a one of those go pro carrying drones, but it had no go pro on it, so I guess that means the pilot was an idiot for flying blind.

Bottom line, shooting down drones is a stupid idea because I have flown at 400 feet which is where I always fly and at that altitude seeing what someone is doing isn't easy even with my 10 inch super bright galaxy tab, its just too high. Shooting down drones should be made illegal, unless it is over your property. However, home owners should be given a device to install into their homes which would send a signal so when drones fly near that property it would be like entering a no fly zone, like a signal wall preventing flight over it.

I'm pretty certain that never happened. AKA fake news.

 

[rangemaster728]

Shooting down drones should be made illegal, unless it is over your property. However, home owners should be given a device to install into their homes which would send a signal so when drones fly near that property it would be like entering a no fly zone, like a signal wall preventing flight over it.

Possibly one of most ridiculous ideas (technology-wise) I’ve heard this year...and it’s December...

ISM-band jammers are very expensive - and very illegal for ordinary citizens.

Of course the poster has been a forum member for a whole 7 days...but there’s still 27 days left in 2018.

 

[packnrat]

i do not care about the hair splitting of laws here. as both a gun owner, and a drone pilot. i see both sides of this. both ways laws are broken.
but as a land owner if you are a pest. invading my life, scaring my livestock. harassing my workers, friends, family. nuff said.

 

[Vic Moss]

I just came across the thread in a separate search for something else.

I feel I should mention that the page linked in the OP is no longer there.

That should tell you something every important.

18 U.S. Code § 32 most certainly says it's a federal crime to shoot down a drone.​

 

[dirkclod]

It did. The thread is 2 years old tomorrow.
Thanks for setting it straight. ?