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Can You Legally Shoot a Down a Drone Over Your Property? (Spoiler alert: it’s not a good idea)

With the recent developments of unknown drones being flown over NJ and multiple other states, this article is being shared again as a reminder for those looking to take action into their own hands.

Drones have become increasingly popular, not just for recreational use but also for commercial, military, and even surveillance purposes. This surge in popularity has raised a significant question: what can you do if a drone buzzes over your property, invading your privacy? While the thought of shooting it down might cross some minds, two experts, William Kirk of Washington Gun Law and Russ from 51 Drones, have weighed in on the legal implications of such actions.

William Kirk’s Warning on Drone Shootdowns

William Kirk’s Warning on Drone Shootdowns
Image Credit: Washington Gun Law

In a report on the Washington Gun Law YouTube channel, William Kirk breaks down why you absolutely cannot shoot down a drone, even if it’s hovering over your backyard. Kirk makes it clear from the start: regardless of how annoyed or threatened you feel, using a firearm to blast a drone out of the sky is illegal. He emphasizes that this issue intersects with local and federal laws, and breaking them can lead to severe penalties, including hefty fines and prison time.

Federal Law Treats Drones Like Airplanes

Federal Law Treats Drones Like Airplanes
Image Credit: Washington Gun Law

One of Kirk’s key points is that, under federal law, drones are classified as aircraft. This classification means that they are protected just like helicopters, airplanes, and other manned aircraft. The Federal Aviation Administration (FAA) is the governing body for all things in U.S. airspace, and they’ve made it clear that disabling an aircraft, which includes drones, is a federal crime. Kirk explains that under 18 United States Code Section 32, shooting a drone can lead to felony charges, a fine of up to $100,000, and potentially 20 years in prison.

Local Laws Also Make It Difficult

Local Laws Also Make It Difficult
Image Credit: Survival World

Aside from federal law, local regulations also come into play. Kirk notes that most municipalities prohibit the discharge of firearms in situations that are not self-defense. Even in places where gun laws are more lenient, you won’t find a loophole that allows you to shoot at a drone just because it’s bothering you. As a result, local authorities would still have grounds to charge you if you attempt to shoot one down.

The Privacy Problem

The Privacy Problem
Image Credit: Washington Gun Law

Privacy is a primary concern for many people when it comes to drones flying over their homes. Kirk acknowledges that this issue has led to increased frustration among property owners. However, he stresses that regardless of how intrusive it feels, taking matters into your own hands by using a firearm is not the way to solve it. He suggests filing complaints with the FAA if you believe a drone is violating your privacy, but he admits that this can be a long and uncertain process.

The Topic of Airspace Ownership

The Topic of Airspace Ownership
Image Credit: 51 Drones

Russ, from the YouTube channel 51 Drones, tackles a slightly different angle in his report. He explains the complicated matter of airspace ownership, which plays a significant role in drone regulations. According to Russ, while you technically own the airspace above your property, you also grant a form of easement that allows for public use, including the navigation of drones, as long as they comply with FAA rules.

No State Laws to Shoot Down Drones

No State Laws to Shoot Down Drones
Image Credit: Survival World

Russ clears up another common misconception: even if local or state laws claim to restrict drones, they cannot override federal regulations governing airspace. This means that no state law will grant you the authority to shoot down a drone, no matter what. Russ even invites viewers to share any legal texts proving otherwise, confident that such laws simply do not exist.

Navigable Airspace and Drones

Navigable Airspace and Drones
Image Credit: Survival World

A fascinating aspect of Russ’s explanation revolves around the term “navigable airspace.” The FAA considers the airspace that drones fly in to be navigable, which gives drones the legal right to fly over private properties. Russ emphasizes that this right does not mean drones can invade privacy without consequences, but it does mean you can’t just stop them by force.

Protecting Your Privacy Legally

Protecting Your Privacy Legally
Image Credit: Survival World

Both Kirk and Russ agree that privacy concerns are legitimate, but taking illegal actions to address them will only land you in trouble. Kirk advises filing a formal complaint with the FAA, while Russ notes that many states have rules against voyeurism and surveillance. If someone is using a drone to spy, there may be legal actions you can take, but these do not include shooting the drone down.

A Tough Dilemma

A Tough Dilemma
Image Credit: Survival World

It’s understandable why people might want to shoot down a drone hovering over their backyard. Drones can be loud, invasive, and unsettling, especially when they seem to be watching you. However, as both Kirk and Russ point out, the consequences of doing so are serious. It’s not just a slap on the wrist – shooting a drone can lead to significant legal problems, and few people are willing to face such risks.

Legal Pathways Might Be Slow, But They’re Safer

Legal Pathways Might Be Slow, But They’re Safer
Image Credit: Survival World

One of the intriguing parts of these discussions is the emphasis on legal alternatives. Kirk’s suggestion to file a complaint with the FAA might sound ineffective to some, but it’s the best legal option available. It can feel frustrating to go through bureaucratic channels, yet avoiding the harsh penalties that come with taking matters into your own hands is crucial. These experts encourage viewers to understand the law rather than react impulsively.

Future of Drone Regulations

Future of Drone Regulations
Image Credit: Survival World

The popularity of drones is only going to grow, which means the legal landscape around them may change. Russ raises an interesting point about how drone laws should be handled: should they be set by the federal government, or should local communities have more control? This debate could shape how drone regulations evolve in the coming years, but for now, the rules are clear: you cannot legally shoot down a drone.

Know the Law, Stay Out of Trouble

Know the Law, Stay Out of Trouble
Image Credit: Survival World

Both William Kirk of Washington Gun Law and Russ from 51 Drones offer valuable insights that serve as a reminder to act responsibly. If you see a drone over your property, know that there are legal avenues to address your concerns. Taking the law into your own hands, especially with a firearm, can lead to serious legal consequences. So, next time you see a drone, think twice before reaching for that shotgun.

Stricter Drone Regulations?

Stricter Drone Regulations
Image Credit: Survival World

What are your thoughts? Should drone regulations be stricter to protect homeowners’ privacy, or would that hinder technological progress and innovation? If privacy concerns are increasing, should there be more accessible and effective ways for people to report drone misuse?
To dive deeper into this topic, check out the full video on Washington Gun Law’s YouTube channel here and the 51 Drones channel here.