Reasons Why It's a Bad Idea To Shoot at Drones

Drones are making quite the buzz these days. Also referred to as unmanned aerial vehicles (UAVs), drones vary in size and quality from small recreational airships available at your local Target to the U.S. Air Force's MQ-9 Reaper, with a wingspan of 66 feet and a price tag in the millions.

An increase in drone sightings has unsettled more than a few people. The past few weeks have seen a flood of anxious posts on social media concerning the motives of the UAVs. People in places like New Jersey and Ohio have offered wide-ranging but unsupported theories about what the mysterious drones are up to.

While the FBI and the Department of Homeland Security (DHS) insist there's nothing to worry about, there are concerns that citizens may feel the need to take matters into their own hands. Can shooting at a drone hovering over your property be considered self-defense under castle doctrine?

Federal Concerns

Drones and other UAVs are subject to certain FAA regulations. Under the Small Unmanned Aircraft Systems (UAS) Regulations Part 107, private drones are only permitted to fly in Class G airspace. Class G airspace is where airplanes are unlikely to be, usually under 14,000 feet and not near any airports. Some basic rules for UAV operation include:

• Always avoid manned aircraft
• Never operate in a careless or reckless manner
• Keep your drone within sight. If you use First Person View or similar technology, you must have a visual observer always keep your drone within unaided sight (for example, no binoculars)
• You cannot be a pilot or visual observer for more than one drone operation at a time
• Do not fly a drone over people unless they are participating in the operation
• Do not operate your drone from a moving aircraft
• Do not operate your drone from a moving vehicle unless you are flying your drone over a sparsely populated area and it does not involve the transportation of property for compensation or hire

Waivers are available for further deviations as long as all flight methods remain safe. Pilots who violate forbidden airspace or otherwise violate FAA regulations face arrest.

Another important federal law to consider is that it's illegal to fire a weapon at any aircraft. Drones qualify as aircraft under FAA regulations. Whether you think a drone hovering above your property is violating your right to privacy or engaged in other nefarious means, you face federal penalties for using any firearm to try to take it down.

What Goes Up Must Come Down

Another law to take into consideration before firing at an overhead drone is gravity. A bullet that misses its target will eventually succumb to the laws of nature and begin descending. Many states and municipalities have laws against shooting into the sky for very sad reasons.

A bullet fired from a 9mm handgun on a 45-degree trajectory can travel well over 2,000 meters. If fired straight up, the descending round hits a terminal velocity more than capable of piercing a human skull. Prohibitions against firing overhead are based on precedent.

It Fell to Earth I Know Not Where

Some would argue that they're crack shots and there's no way they'd miss a hovering target within a reasonable range. We won't question anyone's marksmanship, but what happens to that drone when it gets hit?

In all likelihood, a UAV that's been hit by gunfire is going to be incapacitated. There's also a good chance that its descent won't be controlled. This means a hunk of plastic and metal that could easily weigh 50 pounds is going to plummet like a stone before smashing into the ground — if you're lucky.

If the drone you shoot down hits property or a person, you could be held liable. There's also a danger that a crash could cause collateral damage, such as the flaming wreck starting a fire after impact. Given recent drought conditions, that could precipitate a disaster.

Whose Drone Is It Anyway?

One thing is sure — the drone you're thinking about firing at isn't yours. You might be surprised whom it belongs to and why it's overhead at the moment. Drone usage is becoming more common among first responders, forest rangers, and other government entities. Police departments use them and are usually alerted to other usage as well.

UAVs started back during World War I (really), and their applications continue to multiply. Aside from obvious military use, drones do everything from flying into hurricanes for critical readings, providing firefighters with an overhead view of a blaze, and mapping streets for Google Earth. Taking potshots at a drone might cause more damage than you can imagine.

Let It Be

If you're concerned by the behavior of a UAV over or near your property, the safe move is to report it to local law enforcement. They may know why it's there. If not, they can use their official capacity to make inquiries. You're not guaranteed a satisfactory answer, but it's better than facing federal charges or potential lawsuits.

Related Resouces

• What Is Aviation Law? (FindLaw's Learn About the Law)
• Can You Legally Fly a Drone Anywhere? (FindLaw's Law and Life)
• Drone Laws by State (FindLaw's Consumer Protection Law)