Estimated reading time: 2 minutes
William Kirk, President of Washington Gun Law, tackled a frustrating issue for some Americans: the temptation to shoot down a neighbor’s drone if it’s hovering over your property.
Kirk acknowledges the desire, saying, “This is what we’re going to be talking about today… the strong desire that some of you may have to shoot your neighbor’s drone out of the sky when they’re flying it over your property.”
But despite the urge, he’s quick to clarify, “Do you get to shoot one of these out of the sky? The answer is no, you don’t.”
Kirk explains that local laws almost universally prohibit discharging a firearm except in self-defense. “The likelihood that your city, municipality, or county is going to permit you to discharge a firearm merely to shoot a drone out of the sky is virtually impossible,” he states.
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Even if privacy feels violated, Kirk reminds listeners that “there is no situation where I find that you’re going to be an imminent threat of death or serious bodily injury” because of a drone.
Kirk then highlights the federal angle, noting that the Federal Aviation Administration (FAA) has regulatory authority over drones, classifying them as “aircraft.”
Under federal law, he warns, “if you are prosecuted successfully for shooting a drone… you are subjected to felony penalties including up to 20 years in prison and a $100,000 fine.”
He drives home the point: “No matter how bad your privacy is being invaded… you do not have the legal authority to shoot a drone out of the sky.”
Instead, Kirk suggests filing a complaint with the FAA, though he admits this may not provide immediate results.
In closing, Kirk advises gun owners to “know what the law is in every situation.”
Shooting down a drone may seem tempting, but he stresses the importance of being a responsible, law-abiding firearm owner.
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Kirk is FOS right out of the gate:
“ “The likelihood that your city, municipality, or county is going to permit you to discharge a firearm merely to shoot a drone out of the sky is virtually impossible,” he states.”
Can’t finish the article.
would it be possible to ‘blind’ a drone with a laser? I have one that puts out a green 2.5mm beam that reaches at least 1/2 mile.
The law, as it stands, has it that taking down a drone (erstwhile aircraft) is the illegal action, and it is compounded by local firearms discharge laws. Taking one down with an energy beam, bola-net, or stream of water dosent make it any legal-er.
However, abuses abound, which will eventually be adressed, like carrying recording devices, or noxious substances, or the university student who caught his 15-minutes-of-fame for mounting a 9mm on his. I see a surge in combining Robot Wars with Private Drone Defense, but this will still be in violation of the aircraft-takedown thing.
Several cases have occurred where somebody temporarily got in trouble for being on video for aiming a shotgun at the camera, only to find the remote offender was airborne, among other things recorded at the time…
So realistically we just have to allow the pervert with the drone to do as he pleases on/over our private property without recourse? And as much knowledge as this guest is supposed to have about discharging a firearm on my property he is sorely lacking in explaining how or when people can legally discharge firearms on their own property. Most rural sheriffs would scoff at the explanation. I can legally discharge a firearm on my property anytime of the day or night. Be it for target practice, vermin dispatch, hunting of certain animals (raccoons for instance) and of course self-defense.
This bizarre, simple article makes no mention of circumstances such as yours, where shooting is not prohibitted. Furthermore, if I down a drone over my property, I’m going to recover its entire wreckage and it will never be examined by anyone thereafter. Where’s the evidence of a shoot-down? (I have a 10 guage, 28″ shotgun, with very capable loads that would do rather nicely for most invasive species.)
With an old bedsheet, make a banner simply stating “No warrant, No search,” and place it over the open lawn.
Below what elevation does searching without a warrant become a property invasion? Like the guy that shot down his Peeping Tom neighbor’s drone because he was obsessed with peeking at his teenage daughters at the pool.
Anything with a lens on it represents the intention to commit an invasion of privacy because the owners of the lens, whether with binoculars, a telescope, or especially a drone or satellite, are praying and hoping you don’t know of their presence. The word “preying” also fits. I think the problem, here, is that the courts don’t want to come down on these cases because they would then have to admit how much the government was the worst offender. Until we have the expectation of privacy, we are never free.
“Can you shoot down a drone?”…of course you can, it’s easy, so the actual question should be “Can you LEGALLY shoot down a drone over your property?”. It’s a question with a lot of variables but generally the answer is no. It should be “yes” but here we are. Next topic is “DIY directed energy weapons and how to use them”…..
It’s real simple folks: you can’t. One thing you should bear in mind: it’s lawful to film anything one can see that’s in public view, i.e. from publicly accessible areas. I don’t believe the case law has been established regarding whether a drone flown over a public street filming into a backyard constitutes a 1A-protected activity, all other things being equal (flight safety, etc). However, before some idiot starts blamming away at a drone they should know they’re breaking the law, and the owner of that drone may be engaging in a constitutionally-protected activity. The Constitution wasn’t created to just protect the rights YOU like, it’s there to protect everyone’s rights, even those we don’t like. So, unless you’re willing to just be a hypocrite and engage in the same authoritarianism as a Bloomberg, etc., pay attention to the law.
My property or at least 99% of it is not visible from any public vantage. Do all of you that reply or comment live in urban or suburban areas? Anyone flying a drone on my property would have to do so from the public road. Most of my property is heavily wooded with the exception of my yard. So the drone in question flew close to a half mile across my private land to hover over our yard. Now explain how your public view explanation applies to their right to be a peeping Tom in this instance.
Probably depends on the FAA rules for minimum altitude for drones over private land. I’m not sure if those exist, and if they don’t that could be something to advocate for. My comment was regarding drones in public areas, e.g. suburban, etc and how that relates to 1A-protected activity. The comment regarding it being illegal to shoot most likely applies regardless; if some idiot is firing up in the air at a drone, depending on the angle and how big their property is those rounds could very well be coming down in public areas, or others’ private lands. Given your property is only a half mile away from public land, if you were to shoot to take out a drone you could be exposing yourself to charges. Maybe your cool with that, but it doesn’t change the facts. Right now, it appears the need to take out drones over private land seems more of a rarity than general problem. If it becomes a general problem, the market will in all likelihood respond and non-lethal solutions (RF jammers, etc) will become available to deal with it; capitalism is a great thing.
I specifically asked about the public view explanation. And the only public land near me is a road. I also did not address shooting drones. Personally would not recommend asking about, nor talking about shooting drones if you were planning on shooting one…
The public view thing is simple, self-explanatory: if you can see it from a publicly accessible place, e.g. sidewalk in a neighborhood, you can record. There is no expectation of privacy in public. I did discuss your specific example, which is dependent upon what the FAA rules are for drone altitudes and how that translates to a minimum flying height over private land. Finally, per my previous comments, I don’t advocate shooting down drones; that’s f’ing stupid with firearms, because bullets must land somewhere and, per the article, discharging the firearm in such a fashion is in all likelihood illegal. What I stated was non-lethal solutions, e.g. RF jammers, could become commercially viable for private individuals (rather than militaries, where they currently exist), depending on the market. Where I erred is the fact that apparently those are already illegal for private use, go figure: https://www.nbcnews.com/tech/security/drone-radio-frequency-jammer-signal-online-defense-technology-rcna135103
The fake POTUS (genuine POS) could not even shoot down a Chinese ballon before the spy craft flew over US air space in a shameful display of ineptitude. No reason why “peeping Toms” should NOT legal protections from privacy rights by using emerging technology in the era of Demshevik perversion.
Given that air rifles are not firearms, what laws are broken when shooting a drone with an air rifle?
Interesting point.
Well since black powder muskets, rifles, handguns, and shotguns aren’t considered “firearms” by the ATF, they should be perfectly legal to use. Besides officer, I would’ve sworn I saw a “weapon” in that drone!🙄😎😉🤣🤣🤣
Ok, can’t shoot it down, but can you use capture net?
Although using a firearm to down a drone may be illegal, using other methods might not be. A high pressure stream of water could be used if the drone is close enough. If you were a bit more industrious, extracting a magnetron tube from an old microwave oven and aiming it at the drone may disrupt it.
Shoot my drone down, I’ll come to your house and punch you in the mouth.
Remember that he is a shooter.
Are you in Junior High School? When you come over to my house with that attitude, you’d be going home with your GD drone as a suppository.
What is the situation if I shoot down the drone with a bow and arrow?
If it over my house or land, i can and will. These devices are being used by individuals, insurance companies, Hoa`s and many more to spy on folks on thier own property. I own the land, whats above and below it. Since i live in the city i have special shot shells loaded with plastic shot just for this purpose. That way no one one the ground would get hurt if i miss.
You will still get arrested, go to jail, and have your firearms confiscated because you are a convicted felon. Not worth it, pal.
I have no rights invading my land is all right walk on my land when you feel like what can I buy that is mine, if you r in my house I have to shoot you bin the house so you wont fall outside wherever my right criminal have more rights than god fearing people
What?! Learn how to spell.
What was the name of your favorite public school?
Does not address the right to shoot a drone with a pellet/BB rifle/pistol. Those may be used legally almost everywhere. They are not “firearms” by almost every state/city definition.
Then there are other approaches – pressure washers, wasp and hornet sprays that often shoot 20-40 feet, etc. Let’s be clear, though not “threatening imminent death” they are an invasion of privacy which provides legal rights.
If it was a one-time occurrence and it stayed above tree top level I wouldn’t care. But if it dropped down below tree top level and appeared to be looking directly into my home, or my neighbor was menacing me with it, I would turn it into confetti.
Screw that. The drones we are talking about are not aircraft, they are toys, and they are being used to trespass. Can you say Wrist Rocket, boys and girls?
Load of 8’s would suffice……neighbor has NO RIGHT to invade my families privacy, period, end of story. And the 8’s coming back to earth won’t harm a thing. Good bye drone!
That’s all good and stuff for the city people, BUT, some of us live out of town, with no restrictions on discharging a firearm. Where I live, if someone wants their drone to be eliminated, just park over my place.
Exactly, I was a little surprised by the experts explanation of the rights to discharge a firearm. It was a vague explanation that basically ruled out target practice, hunting, vermin extermination, etc.
Drones are routinely weaponized with explosives now in Ukraine, Middle East and other areas. By the time you could see the attach explosive, one could be within lethal range. So while you can’t shoot one down for spying on you, there seems to be a point where one approaching your person could reasonably be seen as a physical threat.
Taking a stance against drone intrusion would burst the bubble for all those itchy fingered LEOs who only saw the oath they swore to as a mere hurdle to beating the crap out of people while getting paid for it. If laws were in place to limit drones over private property, then LEOs would soon be required to show a warrant, ….. and they want no part of that.
So, “counter-drone, drones”.
Doesn’t saying anything about accidently ramming them.
I live in unincorporated Kitsap county. If you own five acres or more you can discharge a firearm on your property pursuant to the RCW. I have spoke to the county and local law enforcement about this very matter. I was told I could shoot down a trespassing drone not following aviation regulation. It would become a trespassing issue for the drone owner if they tried to retrieve it. Anyone flying a drone under 500ft. Is invading your privacy. Yes in a urban densely populated area the firearm laws and aviation laws are harder to enforce and or are not applicable. Reporting to the FAA is a waste of time just like a small plane you need a tail # for ID. The tail number is on the side of the tail not the bottom. How do you from the ground obtain that number for ID? Impossible. I am surrounded by small air ports and air parks and pilots are literally above the law. If only people were taught respect.
I flew power lines for several years and I was reported many times. I finally put the small numbers and letters on the aircraft and it stopped. The biggest complaint back then was that it messed up their tv signal when I came by.
This is not well written. The references to the drone not presenting a threat of death or great bodily harm is a reference to what is required for an individual to use deadly force against another individual. This doesn’t apply to a drone, only to people. There are laws that are likely applicable to drones, but this isn’t one of them.
Also, FFA applies to certain drones flying at certain heights. I know the article is done to discourage people from shooting down drones but really does a terrible job really breaking down the laws that potentially apply and when they may or may not apply. A new article should be written that truly explores the laws surrounding this issue instead of this which is extremely inadequate and even incorrect in the support it uses to support its conclusions.
“there is no situation where I find that you’re going to be an imminent threat of death or serious bodily injury” because of a drone.
I suggest you familiarize yourself with Ukraine. Drones have changed warfare forever.
Is a laser legal to get a drone ?
What if you shoot the drone with a bb gun or an arrow?
MOST, not all, but most areas don’t allow Air guns or arrows to be fired either, especially up in the sky.
That would not be remotely factual. Most areas, are rural. Almost all rural areas allow air rifles, arrows, firearms, black powder guns, handguns to be fired. So we can assume Big Al is not familiar with rural areas and rural laws, i.e. the majority of our country “area wise”.
Drones are used in drug smuggling ,and by militarys of the world to kill.These laws must be changed. Seeing a drone hovering over an established residence could easily be constrused as a deadly threat!
A Directed Energy Weapon is much appropriate in this situation than a Firearm. I have Contacted DARPA and other US Agencies to get the best recommendation for best type for backyard use based on real world testing in Ukraine. I just don’t trust the one’s offered on Amazon.
we can still shoot the owner right…….
watch out for spooks with ghost guns today