Is your drone being attacked by a cold gun? The number of incidents of drones being shot at is increasing. What should drone pilots do?
Under federal law, it is illegal to shoot a drone out of the air, even if it is flying on private property. It is also illegal to throw anything at a drone to try to shoot it out of the air. When the unfortunate incident of a drone being shot at occurs, we can also take legitimate means to claim compensation.
What does US law stipulate about drone flying?
- In general recreational/leisure drone flying:
- Drones must not fly at an altitude of more than 400 feet (about 120 meters); operators must always keep the drone within visual range;
- No-fly zones are prohibited without an exemption;
- night flights require anti-collision lights, and the lights must be visible for at least 3 miles;
- The maximum speed of drones must not exceed 100 miles per hour (160 kilometers per hour);
- Drones are prohibited from flying over crowds;
- Without permission, it is prohibited to intrude on other people's property (such as flying drones below 250 feet over private property) and privacy, interfere with flight traffic or other aerial activities.
Why was my drone shot at?
Drones are shot at for two main reasons: entering no-fly zones and inadvertently invading other people's property and privacy.
Drones with cameras bring us to the natural beauty on one hand, but people are also concerned about the privacy issues brought by drone cameras.
People are worried about harassment or voyeurism and unnecessary surveillance by drones, which makes them panic and eventually take up arms against drones.
In response to public concerns, many states and cities in the United States have passed laws restricting drones from flying over private property. For example, Nevada has enacted a law that flying a drone below 250 feet over private property will be considered illegal trespassing, especially if the owner has notified in advance that drones are not allowed to fly over their property.
Drone no-fly zones are usually located around airports, military bases, national parks, wildlife refuges, and other restricted airspace. These no-fly zones are also equipped with drone countermeasures. You may not even see the anti-drone jammer, and your drone has lost connection with the controller and is missing.
Is it illegal to shoot at drones?
In fact, it is illegal to shoot at drones for many reasons. Someone who does this could be charged with a federal crime and one state or local crime or criminal damage.
Damaging an aircraft is considered a federal crime under Title 32 of the United States Code, 18 U.S.C. The Federal Aviation Administration and the National Transportation Safety Board consider all types of drones to be aircraft, and therefore protect them under that law. This applies to all drones, whether they are used for commercial or recreational purposes.
Likewise, ownership of the airspace over private property is important in this matter. It is debatable whether a property owner can claim that shooting a drone was in self-defense, as there is no federal law that defines flying a drone over private property as trespassing. Additionally, there are laws that prohibit weaponizing drones. With these laws, self-defense is not a strong reason to shoot down a drone.
Local laws may also penalize indiscriminate firing. This could apply to drones, especially if they are not a threat to the people or property involved.
Finally, drones are still considered someone's private property. Shooting down a drone could be considered damage to private property, which could result in a civil lawsuit.
With these laws, the odds seem good for drone pilots if a drone is shot down with a weapon. This even applies to jamming or spoofing drone signals, as federal law prohibits those actions as well.
What to do when someone shoots at your drone?
Even with laws protecting the right to own a drone, it is not uncommon for drones to be shot at. If this happens to you and your flight is not causing any problems for others, take the following steps:
Contact local law enforcement
The safest first step is to contact local law enforcement as soon as possible. Tell the police that someone tried to shoot your drone, and don't confront the shooter head-on. Let the police help coordinate angry neighbors.
Try to recover your drone. If you can locate your drone when you finally lose it, try to recover it. If you need to negotiate with neighbors to recover it, try to get the police on the scene.
Report to your local FAA Flight Standards Office
If the drone was shot at and it is aviation-related, contact your local FAA Flight Standards Office (FSO). The FAA also has a Legal Enforcement Assistance Program (LEAP) that assists law enforcement agencies in investigating aviation-related incidents. When local police are also unaware of aviation laws, it is critical to get the FAA involved.
Report to your insurance company
If you have insurance for your drone, that's even better. After your drone is shot, you need to tell your insurance company. If you are able to get your drone back, the drone logs can also provide key information so that your drone can be repaired or replaced within the coverage of your policy. Insurance companies can also assist in legal action against the person who damaged your drone.
How to avoid having your drone shot?
Although most people have a positive impression of drones, some people still do not accept drones, and they are very resistant, disgusted, and disgusted with them, and even shoot them. Drone pilots should be prepared for such incidents in advance.
Check local laws
Drone flight laws are not only important to check federal laws, but also local laws. Many states prohibit drones from flying over public property such as parks. You also need to understand the definition of illegal trespassing by drones in each state or city, even if they conflict with FAA regulations.
Talk to neighbors
Find out how accepting your neighbors are of drones. If you are flying a drone from your rooftop, garden, and over your neighbors' property, be sure to notify your neighbors in advance and communicate with them about the specific flight path of the drone to ensure that there will be no invasion of privacy.
Avoid hovering over private property
To avoid conflict, avoid flying over someone else's private property, let alone hovering over someone else's property for a long time. If there is an unavoidable overflight, it is best to talk to the owner or resident to allay their concerns.
Join a local drone group
Finding like-minded friends can make drone flying more effective. There are now many state or city-specific drone groups that communicate regularly, both online and in person. Local knowledge can help you determine the best place to fly a drone and can help you understand local drone laws.
Summary
There is currently no comprehensive law to deal with shooting drones, and drones may still be shot at in the next few years. Drone pilots can only prepare in advance and try to avoid such conflicts.
Shooting down a drone is illegal, but drone pilots must also make sure that their flight behavior is legal. After all, the loss of a beloved high-tech electronic product when a drone is destroyed is very heartbreaking for drone pilots, and it will greatly affect the flying experience.
