As large drones reportedly began appearing over New Jersey and other eastern states over the past month, residents flooded local authorities with calls, concerned about potential privacy violations and safety risks.
The drones are currently under investigation by the FBI and the Homeland Security Department, though officials have said there are no specific or credible threats related to the sightings. It’s still unclear who is operating the drones.
Online conspiracy theories about the drones’ purpose float possibilities of foreign influence or the “deep state.” A U.S. senator from Connecticut even called for the aircraft to be “shot down, if necessary,” given the lack of clarity about who owns them.
With more than 1 million drones registered across the country, it’s not unlikely you’d see one buzzing over your neighborhood or backyard.
But can you take matters into your own hands and shoot the drone out of the sky?
Is it legal to shoot down a drone?
No, it’s against federal law. Specifically, it’s illegal to “set fire to, damage, destroy, disable or wreck” any aircraft, including unmanned aircraft.
Shooting down a drone could pose a significant safety hazard, the Federal Aviation Administration wrote in a Dec. 18 statement. A drone hit by gunfire could crash, potentially injuring a person or damaging property. Stray bullets falling back to the ground could cause a fatal accident.
Shooting at any aircraft could trigger federal charges resulting in fines or imprisonment of up to 20 years or civil penalties from the FAA.
What are the state laws regarding drones?
While there’s no specific law in Mississippi prohibiting shooting at a drone, doing so could inadvertently violate state and local laws.
For example, a 72-year-old man in Lake County, Florida, was arrested in December after shooting a drone he believed was surveilling him. He faced charges for shooting into dwellings, vessels or vehicles; criminal mischief causing $1,000 or more in damage; and discharging a firearm in public.
Mississippi has only one law concerning drones and privacy. In 2015, the state legislature updated its “peeping tom” law to make the use of a drone to commit such activities a felony.
Penalties under the law include up to five years in prison for offenders older than 21 or up to 10 years for offenders older than 21 who used the drone to spy on a child younger than 16.
What rules do drone operators have to follow?
Drones are allowed to be flown in most locations as long as they’re below 400 feet. However, the FAA prohibits drones from flying within controlled airspace around airports, over designated national security sensitive facilities and military bases — including Columbus Air Force Base — without authorization.
Operators generally have to fly their drone either as a recreational flyer or under the FAA’s rule for small unmanned aircraft systems.
If they’re flying a drone weighing more than a half-pound, recreational fliers are required to register it with the FAA and display the registration number on the aircraft. Operators have to take a basic safety test and adhere to rules like keeping the drone in sight, avoiding other aircraft and not causing a hazard to people or property.
Non-recreational drone operations, like real estate photography or agricultural surveys, require the operator to have a drone pilot certification.
They also have to follow provisions of the FAA’s small UAS rule or Rule 107, which applies to drones weighing less than 55 pounds.
Pilots must follow the same rules applied to recreational flights and follow restrictions for altitude, speed, night flights and distance limitations outlined in Rule 107.
What do I do instead of shooting the drone flying over my house?
While an unwanted drone might tempt you to take action yourself, reporting suspicious operations instead is less likely to land you in jail or with thousands of dollars in fines.
If you’re concerned a drone is being used to violate local or state laws, contact area law enforcement. If you believe the drone is violating FAA regulations, contact the FAA’s Flight Standards District Office in Jackson.
According to its website, the FAA investigates all reports of unsafe operations and may use the report to follow up with the drone operator. Unauthorized drone operators violating regulations could face penalties and criminal charges.
Editor’s note: Do you want answers to questions about the Golden Triangle? Each week, Dispatch reporters set out to explain or update a timely, practical issue. Email your question to [email protected].
McRae is a general assignment and education reporter for The Dispatch.
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Quality, in-depth journalism is essential to a healthy community. The Dispatch brings you the most complete reporting and insightful commentary in the Golden Triangle, but we need your help to continue our efforts. In the past week, our reporters have posted 26 articles to cdispatch.com. Please consider subscribing to our website for only $2.30 per week to help support local journalism and our community.
