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Tab

(11,093 posts)
Fri Dec 25, 2015, 11:05 PM Dec 2015

Is It OK to Shoot Down Your Neighbor's Drone?

Before you decide to shoot that drone out of your backyard, there are a few important things you need to know.

First of all, damaging any flying robot is a federal crime. It doesn’t matter if it’s crashing your pool party or watching you in your skivvies through the skylight in your master bath.

“In my ​legal opinion,” says Peter Sachs, a Connecticut attorney and publisher of Drone Law Journal, “it is never okay to shoot at a drone, shoot down a drone​,​ or otherwise damage, destroy​ or disable ​a drone, ​or attempt to ​do so. ​Doing so is a federal crime.​”

Here’s the thing. You might view a drone as many things: Creepy. Loud. Annoying. Scary. A sophisticated robot. A really cool toy. Target practice.

But in the eyes of the law, a drone is a full-fledged aircraft, and deserves the same kind of respect. Here’s what federal law (18 USC § 32) has to say:

(a) Whoever willfully—

(1) sets fire to, damages, destroys, disables, or wrecks any aircraft in the special aircraft jurisdiction of the United States or any civil aircraft used, operated, or employed in interstate, overseas, or foreign air commerce;

...shall be fined under this title or imprisoned not more than twenty years or both.

What does that mean for you? If you attempt to gun down a flying robot, you could face those two decades in the slammer, and/or a fine of up to a quarter of a million dollars. So, legally speaking, shooting a drone could be the same as trying to damage a chopper or a 747. “Aircraft” is a pretty sweeping definition, it turns out, and it could work in drones’ favor.

“This applies even if a drone is hovering over your backyard,” says Sachs. “According to the FAA, it controls all airspace from the blades of the grass up. However, even if you did own X feet above your property, you would not be permitted to shoot a drone that flies within that space because shooting any aircraft is a federal crime.”

http://gizmodo.com/is-it-ok-to-shoot-down-your-neighbors-drone-1718055028

The article goes on to say there is one exeception - when shot in self-defence. However the drone needs to be aggressively harassing you to where you fear physical harm, or actually loaded with ammo.
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Is It OK to Shoot Down Your Neighbor's Drone? (Original Post) Tab Dec 2015 OP
Law needs to be changed to make it a federal crime exboyfil Dec 2015 #1
Important information MissDeeds Dec 2015 #2
It's because the FAA requires you to register them now.. X_Digger Dec 2015 #5
If they aren't registered do they get this protection? trillion Dec 2015 #53
My guess you both get in trouble. Tab Dec 2015 #59
so a creep can hover a drone drray23 Dec 2015 #3
If firing wildly into the air is your idea of "recourse" Sen. Walter Sobchak Dec 2015 #10
Whoa MissDeeds Dec 2015 #15
Well, the OP sure doesn't refer to a butterfly net... Sen. Walter Sobchak Dec 2015 #23
You weren't responding to the op in your post MissDeeds Dec 2015 #25
I agree with you - the headline of this post asks if you should shoot down patricia92243 Dec 2015 #19
The article says you should call the police CajunBlazer Dec 2015 #18
The pilot probably isn't too far away. PersonNumber503602 Dec 2015 #51
Interesting idea Tab Dec 2015 #61
I was thinking in terms of people who are blatantly being creepy jerks. PersonNumber503602 Dec 2015 #69
What if Tab Dec 2015 #70
There are drone frequency jammers available online. ohnoyoudidnt Dec 2015 #79
Depends, you never know exactly what other things you are interfering with using the jammer. stevenleser Dec 2015 #89
Maybe not legal to shoot it down, but TexasProgresive Dec 2015 #4
IF a jury is willing to convict bluestateguy Dec 2015 #6
Perhaps, but last I checked the feds haven't indicted the person involved in the following case... PoliticAverse Dec 2015 #7
I thought it was ISIS so I shot that sumbitch down... NightWatcher Dec 2015 #8
According to the article the fine can be a half million dollars... CajunBlazer Dec 2015 #17
Wouldn't have to Tab Dec 2015 #64
It is likely that it would be an illegal discharge of a firearm Snobblevitch Dec 2015 #9
This should be interesting with "stand your ground" laws. Gore1FL Dec 2015 #11
"I feared for my life" SwankyXomb Dec 2015 #46
I have had to deal with a stalker Kalidurga Dec 2015 #12
This jumps out at me Gman Dec 2015 #13
"special aircraft jurisdiction of the United States" IDemo Dec 2015 #47
Is drone voyuerism really a problem? Sen. Walter Sobchak Dec 2015 #14
It's not a problem for the voyeuristic. Kaleva Dec 2015 #39
I'm not sure it's a problem for anyone Sen. Walter Sobchak Dec 2015 #76
There was a guy who shot a drone that was spying on his daughter NobodyHere Dec 2015 #78
And lets go to the video... Sen. Walter Sobchak Dec 2015 #83
That answers a lot of questions. This entire conspiracy fantasy about peeping drones is silly. stevenleser Dec 2015 #90
This sounds completely wrong. catnhatnh Dec 2015 #16
Well, if it was base-10, sure but Tab Dec 2015 #65
At this time of year, shouldn't all our drones be turning the other direction? Rex Dec 2015 #20
I wouldn't shoot one down (live in City limits) but if I was being bothered by one I might Waldorf Dec 2015 #21
Wherever I have lived, Snobblevitch Dec 2015 #30
Your bullet that you shot at the drone, but missed, is gonna land somewhere or on someone. Hoppy Dec 2015 #22
That's the price of FREEDUMB! Sen. Walter Sobchak Dec 2015 #24
I would use a shotgun, people shoot birds out of the air all doc03 Dec 2015 #27
And you can argue you thought you were shooting at a bird Tab Dec 2015 #62
Or a guy using a shotgun to shoot down a small drone. LanternWaste Dec 2015 #94
terminal velocity of a bullet falling is not lethal. stonecutter357 Dec 2015 #58
That only applies if it didn't follow a ballistic trajectory... Humanist_Activist Dec 2015 #91
I don't think that is true in 2011 an Amish girl in Ohio was killed by a .50 caliber doc03 Dec 2015 #95
you can take care of a drone without firing a shot John_Doe80004 Dec 2015 #26
I like this idea... Phentex Dec 2015 #38
But then you are breaking FCC regulations FrodosPet Dec 2015 #40
of course you would be, but John_Doe80004 Dec 2015 #45
Who cares? Lizzie Poppet Dec 2015 #48
That would be an awkward report for a peeping tom to make though PersonNumber503602 Dec 2015 #54
is that why my cell phone has such shit coverage? dembotoz Dec 2015 #43
Too bad for your neighbor if she tries to call 911 on her cellphone Orrex Dec 2015 #55
actually drones operate over wifi frequencies John_Doe80004 Dec 2015 #71
What if you took his remote and shoved it up his butt? doc03 Dec 2015 #28
Drone Law Journal...that's funny n/t hibbing Dec 2015 #29
I've got a good arm. cwydro Dec 2015 #31
I'm with you, but they often have cameras that are recording. Renew Deal Dec 2015 #35
Civil aircraft are registered and must operate according to FAA regs, inc. the new Drone rules. nt TheBlackAdder Dec 2015 #32
Any drone in my yard will be taken down via a potato me b zola Dec 2015 #33
People should be more afraid of the gun laws than the drone laws Renew Deal Dec 2015 #34
Please don't shoot down my drone. FLPanhandle Dec 2015 #36
People are overly hostile over RC crafts these days. PersonNumber503602 Dec 2015 #50
Only problem Tab Dec 2015 #66
I don't know. I live on a few acres, have a pond. Drahthaardogs Dec 2015 #68
FREEDUMB! (and asinine moral panics) Sen. Walter Sobchak Dec 2015 #74
What is your definition of a private area... madinmaryland Dec 2015 #88
Over someone else's yard is ALWAYS a private area. KentuckyWoman Dec 2015 #96
I dislike drones. bigwillq Dec 2015 #37
Marcel Hirscher should have had a gun librechik Dec 2015 #41
then have the pervs pass flying school if the toys are "full fledged aircraft"... JanMichael Dec 2015 #42
Wow! Dyedinthewoolliberal Dec 2015 #44
That makes me wonder about airspace. KansDem Dec 2015 #52
Well the answer to that is part of the reason we have courts HereSince1628 Dec 2015 #56
If a Cessna 172 is overflying my backyard, then isn't it in my airspace? FrodosPet Dec 2015 #57
my county routinely uses aerial surveillance for code enforcement and taxation HereSince1628 Dec 2015 #63
"Can I declare a "no-flight zone" over my house?" Tab Dec 2015 #67
I think flying quadcopters and other things can be fun, and fully support them PersonNumber503602 Dec 2015 #49
Funny how since the military drones became public that remote controlled aircraft Lars39 Dec 2015 #60
can I drone my neighbor's gun ? olddots Dec 2015 #72
Next people will be shooting at police helicopters. B Calm Dec 2015 #73
Should shooting stupid toys be a federal crime? ileus Dec 2015 #75
Not a fan of guns but if you are that much of an asshole RiffRandell Dec 2015 #77
Depends on the judge--and the situation: tblue37 Dec 2015 #80
That's Kentucky for you Tab Dec 2015 #81
Walter Sobchaks above video shows how wrong the judge was. stevenleser Dec 2015 #92
Most towns and cities have laws against discharging firearms ManiacJoe Dec 2015 #82
Potato cannon? n/t ebayfool Dec 2015 #84
all the comments asside John_Doe80004 Dec 2015 #85
Yeah but most of those were pre-camera on-board Tab Dec 2015 #86
Is is okay? Yes. Is it legal? Eh, legal schmegal. My neighbor's drone is an extension of his evil. Iggo Dec 2015 #87
Interesting twist comes with right to hunt laws most states have... Eleanors38 Dec 2015 #93

exboyfil

(17,865 posts)
1. Law needs to be changed to make it a federal crime
Fri Dec 25, 2015, 11:11 PM
Dec 2015

to overfly at a certain level (lets say less than 100 ft?).

X_Digger

(18,585 posts)
5. It's because the FAA requires you to register them now..
Fri Dec 25, 2015, 11:29 PM
Dec 2015

The means to accomplish this was to declare them 'aircraft', for regulatory purposes. A side effect is that 'aircraft' enjoy certain protections.

 

trillion

(1,859 posts)
53. If they aren't registered do they get this protection?
Sat Dec 26, 2015, 01:08 PM
Dec 2015

Note: I won't be shooting down anything - gun free here. May throw rocks.

Tab

(11,093 posts)
59. My guess you both get in trouble.
Sat Dec 26, 2015, 01:52 PM
Dec 2015

As X_Digger said, it was a quick way to solve the drone problem temporarily - rather than creating definitions (which we'd probably argue over forever) they just said it was an aircraft to make things easier for now. Not an unreasonable bandaid to at least give a starting point.

So, side effect, whether you hit it with a rock or Jell-O (tm) or spit at it, if you cause it to go down, you're in trouble (well, liable, at least - whether you actually end up in trouble is another story) but then I would argue the other person is at fault for flying an unregistered aircraft. I'd like to think - particularly if only egos were bruised - that they wouldn't bother trying either. That said, they might make an example out of you. And remember, this is undoubtedly on video, so you couldn't be seen trying to take it down. But hitting a moving drone 50 feet in the sky with a rock can't be easy. But report back, so the rest of us will know for sure.

drray23

(7,637 posts)
3. so a creep can hover a drone
Fri Dec 25, 2015, 11:17 PM
Dec 2015

over my swimming pool to peek at my wife and daughters and I would have no recourse ?

 

Sen. Walter Sobchak

(8,692 posts)
10. If firing wildly into the air is your idea of "recourse"
Fri Dec 25, 2015, 11:43 PM
Dec 2015

you are a far greater threat to your neighbors than the said drone.

 

MissDeeds

(7,499 posts)
15. Whoa
Fri Dec 25, 2015, 11:51 PM
Dec 2015

No one said anything about "firing wildly into the air" but you. Your post is really over the top, Sen.

 

MissDeeds

(7,499 posts)
25. You weren't responding to the op in your post
Sat Dec 26, 2015, 01:19 AM
Dec 2015

The poster you responded to didn't mention shooting down a drone.

patricia92243

(12,597 posts)
19. I agree with you - the headline of this post asks if you should shoot down
Sat Dec 26, 2015, 12:42 AM
Dec 2015

the drone. You answer is appropriate to that particular question.

PersonNumber503602

(1,134 posts)
51. The pilot probably isn't too far away.
Sat Dec 26, 2015, 01:05 PM
Dec 2015

If you have your own, then you could launch it and go find him. Track him and see where he goes. Then you could get his license plates numbers and whatever for the police. If you have a camera, you'd also have his actions recorded as evidence. The solution is for everyone to be armed with a quadcopter.

Well, you could also probably just go outside and look around, or follow it when it returns home.

Tab

(11,093 posts)
61. Interesting idea
Sat Dec 26, 2015, 01:56 PM
Dec 2015

"if drones are outlawed then only outlaws will have drones"

But it's really no different than having external video cameras, except those are passive. This is akin to see a vehicle do something questionable and then you follow it around, actively.

PersonNumber503602

(1,134 posts)
69. I was thinking in terms of people who are blatantly being creepy jerks.
Sat Dec 26, 2015, 02:52 PM
Dec 2015

More akin to someone sitting a tree overlooking your yard pointing a camera into your windows. I don't know how common that is, but I've heard of it happening. I've also seen people who freak out just 'cause someone is flying their little helicopter in a field that is near them. Those people are silly, in my opinion. Just as silly as someone who would complain about a stationary camera on the front of someone's house.

Tab

(11,093 posts)
70. What if
Sat Dec 26, 2015, 02:58 PM
Dec 2015

(and this is extending things out a bit, but I'm sure it'll happen at some time) people use a drone to drop some kind of goPro or ohter camera into a fixed position in a tree/rooftop/apartment top, and disappears. Basically you wouldn't know it was there.

Of course, there are other uses - dropping clearance bombs - but hopefully you won't be exposed to that in your home, and people doing that obviously don't care about the law. But dropping a transmitting camera and flying off should be a concern, particular for people in domestic abuse situations, not that we can necessarily do anything about it (yet).

ohnoyoudidnt

(1,858 posts)
79. There are drone frequency jammers available online.
Sat Dec 26, 2015, 10:08 PM
Dec 2015

They are illegal to use, though. If one chooses to go the non-legal route, using a jammer is probably better than shooting into the air. However, if I did such a thing, I would probably only activate it for a short time when the drone became a nuisance to lessen the chance of being caught using it.

 

stevenleser

(32,886 posts)
89. Depends, you never know exactly what other things you are interfering with using the jammer.
Sun Dec 27, 2015, 06:15 PM
Dec 2015

It can run the gamut.

TexasProgresive

(12,157 posts)
4. Maybe not legal to shoot it down, but
Fri Dec 25, 2015, 11:24 PM
Dec 2015

the owners may be liable for a fine.

http://www.risingup.com/fars/info/part91-119-FAR.shtml
Sec. 91.119 — Minimum safe altitudes: General.
Except when necessary for takeoff or landing, no person may operate an aircraft below the following altitudes:

(a) Anywhere. An altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons or property on the surface.

(b) Over congested areas. Over any congested area of a city, town, or settlement, or over any open air assembly of persons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet of the aircraft.

(c) Over other than congested areas. An altitude of 500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure.

(d) Helicopters, powered parachutes, and weight-shift-control aircraft. If the operation is conducted without hazard to persons or property on the surface—

(1) A helicopter may be operated at less than the minimums prescribed in paragraph (b) or (c) of this section, provided each person operating the helicopter complies with any routes or altitudes specifically prescribed for helicopters by the FAA; and

(2) A powered parachute or weight-shift-control aircraft may be operated at less than the minimums prescribed in paragraph (c) of this section.

[Docket No. 18334, 54 FR 34294, Aug. 18, 1989, as amended by Amdt. 91–311, 75 FR 5223, Feb. 1, 2010]

NightWatcher

(39,343 posts)
8. I thought it was ISIS so I shot that sumbitch down...
Fri Dec 25, 2015, 11:34 PM
Dec 2015

I'll pay the fine and NO it's not the same as a 747.

CajunBlazer

(5,648 posts)
17. According to the article the fine can be a half million dollars...
Sat Dec 26, 2015, 12:11 AM
Dec 2015

....and you could spend 20 years in jail. Still willing to "pay the fine".

Tab

(11,093 posts)
64. Wouldn't have to
Sat Dec 26, 2015, 02:03 PM
Dec 2015

Say you're fighting ISIS, get everyone from Trump to Huckabee on your side, and if convicted, someone'll throw a gofundme for you and raise probably double your fine, and the jail time would likely be nothing, particularly if no one was hurt.

Snobblevitch

(1,958 posts)
9. It is likely that it would be an illegal discharge of a firearm
Fri Dec 25, 2015, 11:42 PM
Dec 2015

if the shot taken within a city.

However, if my neighbor, hypothetically speaking, had an unregistered drone and was operating it so that it was hovering over my backyard in which my 16 year old daught was sunbathing. The drone better be out of range of the water I will spray on it to knock it out of the sky. It also better be out of range of the football I might throw at it as well. Actually, it would probably be safe from a football thrown by me, but the landing net in my fishing boat might be a danger to the drone, especially if my neighbor does not get the message and allows me to throw the net more than once.

Gore1FL

(21,147 posts)
11. This should be interesting with "stand your ground" laws.
Fri Dec 25, 2015, 11:43 PM
Dec 2015

I felt the drone was at least as threatening as a kid with tea and skittles so I shot it, your honor.

Kalidurga

(14,177 posts)
12. I have had to deal with a stalker
Fri Dec 25, 2015, 11:43 PM
Dec 2015

If that ever happens again and I see a drone. I probably will not take the invasion of my privacy lightly, just sayin. We need laws to protect people under these circumstances and I don't mean just anyone who feels their privacy is invaded because their neighbor got a FedEx package. I mean people who are getting out of bad relationships need protection.

Gman

(24,780 posts)
13. This jumps out at me
Fri Dec 25, 2015, 11:47 PM
Dec 2015
sets fire to, damages, destroys, disables, or wrecks any aircraft in the special aircraft jurisdiction of the United States or any civil aircraft used, operated, or employed in interstate, overseas, or foreign air commerce;



Seems to me spying on a girl nude sunbathing doesn't fit the bolded text.

IDemo

(16,926 posts)
47. "special aircraft jurisdiction of the United States"
Sat Dec 26, 2015, 12:50 PM
Dec 2015

It sounds as if the definition fits pretty much anything airborne:

"special aircraft jurisdiction of the United States" includes any of the following aircraft in flight:

(A) a civil aircraft of the United States.

(B) an aircraft of the armed forces of the United States.

(C) another aircraft in the United States.

(D) another aircraft outside the United States—

(i) that has its next scheduled destination or last place of departure in the United States, if the aircraft next lands in the United States;

(ii) on which an individual commits an offense (as defined in the Convention for the Suppression of Unlawful Seizure of Aircraft) if the aircraft lands in the United States with the individual still on the aircraft; or

(iii) against which an individual commits an offense (as defined in subsection (d) or (e) of article I, section I of the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation) if the aircraft lands in the United States with the individual still on the aircraft.

(E) any other aircraft leased without crew to a lessee whose principal place of business is in the United States or, if the lessee does not have a principal place of business, whose permanent residence is in the United States.

http://uscode.house.gov/view.xhtml?path=/prelim@title49/subtitle7/partA/subpart4/chapter465&edition=prelim
 

Sen. Walter Sobchak

(8,692 posts)
14. Is drone voyuerism really a problem?
Fri Dec 25, 2015, 11:49 PM
Dec 2015

My girlfriend has several of these contraptions and they're about as stealthy as a lawnmower.

 

Sen. Walter Sobchak

(8,692 posts)
76. I'm not sure it's a problem for anyone
Sat Dec 26, 2015, 08:20 PM
Dec 2015

It might be bad manners, but you would need to be several magnitude beyond legally deaf for a hobbyists drone to effectively "peep" on you. These things are really, really loud and have flashing lights.

 

Sen. Walter Sobchak

(8,692 posts)
83. And lets go to the video...
Sun Dec 27, 2015, 12:02 AM
Dec 2015


This is the cache video of the drone shot down in Kentucky. It's clearly as high as the operator David Bogg stated, and as shown in his telemetry info from the DJI Pilot app. William Merideth, the shooter, claimed the drone was 10 feet over his back yard and spying on his daughters. The telemetry shows that the drone was 200 feet high and not over his house. If it was over the shooter's house it would have fallen into his yard, but it fell into a neighbor's yard. William Merideth has the card from the video camera and will not give it back to the owner, and will not show the video.


I find it incredible that seemingly on this issue alone the claims of the fucknut with the gun are deemed 100% credible. Like DU isn't immune to outbreaks of FREEDUMB! it also isn't immune to gun nut fantasies.
 

stevenleser

(32,886 posts)
90. That answers a lot of questions. This entire conspiracy fantasy about peeping drones is silly.
Sun Dec 27, 2015, 06:26 PM
Dec 2015

I got gifted a mini-drone for the holidays this season. Even this tiny thing (it's about two inches by two inches) is very loud. It's also too small to carry a camera and has a range of about 100-200 feet on a charge so spying on someone with it is out of the question.

The idea that someone is steathily spying on you in your backyard using a drone is ridiculous. As you noted, if the drone in Kentucky was 10 feet off the ground spying on his (the shooters) daughters it would have fallen in the shooters yard after being shot, not a neighbors yard. This video shows what a B.S. accusation this is. It is a gun nut with too much time on his hands and an imagination that everyone cares what he and his family are doing in their backyard.

catnhatnh

(8,976 posts)
16. This sounds completely wrong.
Sat Dec 26, 2015, 12:03 AM
Dec 2015

Remember when everyone and his brother was supposed to register with the feds to use a cb radio because of the FCC? Didn't make the theft of a CB a federal crime either. This drone registry will be just as large a joke. Feds calling for an individual 6 digit number on each and then admit they expected 250K sales of restricted craft for Christmas alone....So before the first # is handed out they will have run more than half way through those available. Now the numbers on a light airplane are required to be no less than 12" high-how big do you figure they will be on a 12 ounce gross weight drone. How far away do you think you could read them??? If you shoot a drone your big problem is going to be firing the gun, not hitting the drone...


On edit:"officer I didn't know it was a drone-I didn't see a six digit number on it!"

Tab

(11,093 posts)
65. Well, if it was base-10, sure but
Sat Dec 26, 2015, 02:12 PM
Dec 2015

if you used Base 36 you could keep it to 6 digits and cover over 60 million registrations.

 

Rex

(65,616 posts)
20. At this time of year, shouldn't all our drones be turning the other direction?
Sat Dec 26, 2015, 12:50 AM
Dec 2015

Instead of contact target, shouldn't all our drones be recalculating coordinates and heading back home in peace and no contact? I ask the great CPU. If not, then I hail our new Christmas 10 commandments for drone ROE.

Waldorf

(654 posts)
21. I wouldn't shoot one down (live in City limits) but if I was being bothered by one I might
Sat Dec 26, 2015, 12:50 AM
Dec 2015

have to purchase a sling shot and some ball bearings.

Snobblevitch

(1,958 posts)
30. Wherever I have lived,
Sat Dec 26, 2015, 02:24 AM
Dec 2015

even using a slingshot within city limits was against the law.

However, I remember my brothers and I making slingshots with our dad. I was about seven years old and we went out to a grove (a local farmer) and selected just the right branches. My dad cut them down and helped us to 'whittle' them by removing the bark and to get them into the correct shape. He cut inner tubes from a tractor tire and attached them with a leather sling in between. (Hell, this sounds like something out of Old Yeller, but it was the 70s.) I still have my slingshot, but the innertube rotted away years ago.

That same summer, using the same tractor tire innertube, my dad used an old car tire (this was long before steel belted tires) and an electric saber saw and made Viet Cong style sandels for us to wear as we ran around the neighborhood. We thought it was great. Our mom was a bit annoyed that she had to scrub our feet every night, and the parents of our friends' seemed to be horrified at our footwear, but my dad was amused, we were happy, and all of our friends wanted our dad to make them tire sandals for them. He never did.

Years later, I remembered asking my mom about those sandals and the summer were wearing them. She only replied, "your dad was an asshole." Great memories.

doc03

(35,361 posts)
27. I would use a shotgun, people shoot birds out of the air all
Sat Dec 26, 2015, 01:48 AM
Dec 2015

the time with a shotgun. Unless you are Dick Cheney you make sure nobody is in the line of fire.

Tab

(11,093 posts)
62. And you can argue you thought you were shooting at a bird
Sat Dec 26, 2015, 01:58 PM
Dec 2015

Although I suspect in many suburban and urban settings they don't allow discharge of things like shotguns within city limits.

 

LanternWaste

(37,748 posts)
94. Or a guy using a shotgun to shoot down a small drone.
Mon Dec 28, 2015, 02:17 PM
Dec 2015

"Unless you are Dick Cheney..."

Or a guy using a shotgun to shoot down a small drone.

Personally, I don't see the distinction between the two irresponsible actions, but then again, I'm not pretending that I'm irrational enough to see shooting as the only available recourse.

 

Humanist_Activist

(7,670 posts)
91. That only applies if it didn't follow a ballistic trajectory...
Sun Dec 27, 2015, 08:57 PM
Dec 2015

in other words, shooting it straight up, at a 90 degree angle in relation to the ground, which rarely happens. People have been killed by bullets that fell from a great height that were fired sometimes miles away. Its been documented.

doc03

(35,361 posts)
95. I don't think that is true in 2011 an Amish girl in Ohio was killed by a .50 caliber
Mon Dec 28, 2015, 09:30 PM
Dec 2015

muzzle loader bullet while traveling in a horse drawn buggy. They found a man was clearing his gun nearly 1 1/2 miles from where she was shot. The man was sentenced to 30 days in jail and he had to attend a hunter safety class. Both the victim and shooter where named Yoder a common name among Ohio Amish.

John_Doe80004

(156 posts)
26. you can take care of a drone without firing a shot
Sat Dec 26, 2015, 01:36 AM
Dec 2015

get one of those high power 2.4 ghz/ 5.8 ghz dualband wifi / blutooth jammers that drone will drop out of the sky and the guy will never know what happened.

FrodosPet

(5,169 posts)
40. But then you are breaking FCC regulations
Sat Dec 26, 2015, 10:24 AM
Dec 2015
https://www.fcc.gov/general/jammer-enforcement

***ALERT***

Federal law prohibits the operation, marketing, or sale of any type of jamming equipment, including devices that interfere with cellular and Personal Communication Services (PCS), police radar, Global Positioning Systems (GPS), and wireless networking services (Wi-Fi).

John_Doe80004

(156 posts)
45. of course you would be, but
Sat Dec 26, 2015, 10:59 AM
Dec 2015

unless it's broadcast, cellular, police or fire, it takes them months to respond to a complaint (if at all) from an individual private citizen and that citizen has to realize they were getting jammed to complain but at the same time the individual is breaking privacy and trespassing laws by hovering at low altitude above your property. is it just me or does anyone else see yet another ginormous brewing legal clusterf__k about to start clogging the courts system?

 

Lizzie Poppet

(10,164 posts)
48. Who cares?
Sat Dec 26, 2015, 12:57 PM
Dec 2015

As has been pointed out, your chances of getting caught are minuscule.

Personally, I'd still strongly consider downing a drone that was aggressively invading my space and disposing of the wreckage later. The jamming method is obviously preferable to shooting at it (unless you live in a rural area where it's reasonably safe to be shooting into the air) Yeah, the drone owner might show up at my property pretty quickly, but it's not like they wouldn't be met at the property line and told to piss off (and made to, if needed). Plenty of time to get rid of the evidence before cops bothered to respond to something like that.

PersonNumber503602

(1,134 posts)
54. That would be an awkward report for a peeping tom to make though
Sat Dec 26, 2015, 01:10 PM
Dec 2015

"I was trying to get a good shot his guy's daughter next to their swimming pool, and then this jerk violated several FCC rules by jamming my RF signal. Thanks to that, my 'copter had to return home without getting all the video it could have"

In the case of someone being a legitimate creep, I couldn't see him/her going making that big of deal about it. Although, if not done right, I suppose the neighbors may take issue with such interference.

Orrex

(63,219 posts)
55. Too bad for your neighbor if she tries to call 911 on her cellphone
Sat Dec 26, 2015, 01:21 PM
Dec 2015

But to hell with her--anyone who'd sacrifice a little privacy in exchange for a continued heartbeat doesn't deserve either.

John_Doe80004

(156 posts)
71. actually drones operate over wifi frequencies
Sat Dec 26, 2015, 07:12 PM
Dec 2015

cellular spectrum tops out at about 1900 mhz.

800/900/1900 is where cellular LTE and pcs operate

2.4 and up is wifi and drone remotes.

me personally i would build my own the correct way and put it on a spectrum analyzer to make sure it isn't overlapping into other frequencies.

my designs fit into a pack of cigarettes.

 

cwydro

(51,308 posts)
31. I've got a good arm.
Sat Dec 26, 2015, 03:14 AM
Dec 2015

I bet I could take one down with a well-aimed softball/baseball.

Easy to defend that "crime". -Officer, we were playing softball, and this thing got in the way.-

Renew Deal

(81,869 posts)
35. I'm with you, but they often have cameras that are recording.
Sat Dec 26, 2015, 08:45 AM
Dec 2015

Still, you can probably scare it off.

me b zola

(19,053 posts)
33. Any drone in my yard will be taken down via a potato
Sat Dec 26, 2015, 08:39 AM
Dec 2015

Keep your expensive, snooping toy out of my yard and you get to keep it. Easy peasy.

Renew Deal

(81,869 posts)
34. People should be more afraid of the gun laws than the drone laws
Sat Dec 26, 2015, 08:43 AM
Dec 2015

It's usually illegal to fire a gun in a neighborhood.

FLPanhandle

(7,107 posts)
36. Please don't shoot down my drone.
Sat Dec 26, 2015, 09:04 AM
Dec 2015

I like my drone. If someone felt I was flying it over what they consider a private area, then talk to me about it like an adult.

What is it about America that people's first reaction is to reach for a weapon?


PersonNumber503602

(1,134 posts)
50. People are overly hostile over RC crafts these days.
Sat Dec 26, 2015, 01:00 PM
Dec 2015

There's also a fair number of complete jerks who shouldn't be flying them.

Tab

(11,093 posts)
66. Only problem
Sat Dec 26, 2015, 02:18 PM
Dec 2015

how would they know it was you?

Unless of course they downed the "aircraft" and looked up the registration number, but ah... that would open up a whole other box of trouble.

Drahthaardogs

(6,843 posts)
68. I don't know. I live on a few acres, have a pond.
Sat Dec 26, 2015, 02:28 PM
Dec 2015

My son was fishing and a neighbor kept buzzing him with the drone. I went and asked him what he was doing and he had a stupid grin on his face. He thought it was funny. Why would an adult think this was funny and okay?

madinmaryland

(64,933 posts)
88. What is your definition of a private area...
Sun Dec 27, 2015, 06:11 PM
Dec 2015

I live in what would be considered a well populated in Ohio where most of the properties were developed in the 1940'5-50's are typically .5-.75 acres. You have no business flying a drone in that type of area nor do you have any business firing a weapon in an area like this (outside, that is).

Take the drone out to farm land where it won't bother anyone. Gunners do the same with their guns or go to a range.

KentuckyWoman

(6,690 posts)
96. Over someone else's yard is ALWAYS a private area.
Mon Dec 28, 2015, 09:42 PM
Dec 2015

And within 30 feet of any human or pet is far too close for their safety.

I saw some kids out with one in the street 6 or 8 months ago and were deliberately buzzing it around some guy getting out of his car. He took his jacket, used it like a net, swung the the thing and threw the drone to the ground hard. It was smashed to bits. Kids called the cops.

I heard later the kids ended up in legal trouble but I do not know what the charge was.

JanMichael

(24,890 posts)
42. then have the pervs pass flying school if the toys are "full fledged aircraft"...
Sat Dec 26, 2015, 10:41 AM
Dec 2015

...bonding, insurance, flight plans,etcetera.

Dyedinthewoolliberal

(15,584 posts)
44. Wow!
Sat Dec 26, 2015, 10:51 AM
Dec 2015

The drone lobby is pretty strong. I am thinking this law was written for the drones the military uses, not that annoying person who flies it over backyards so he can peep at people.....

KansDem

(28,498 posts)
52. That makes me wonder about airspace.
Sat Dec 26, 2015, 01:07 PM
Dec 2015
...not that annoying person who flies it over backyards so he can peep at people.....

If it's over my backyard, then isn't it in my airspace? And if it's in my airspace, don't have a right to shoot it down?

HereSince1628

(36,063 posts)
56. Well the answer to that is part of the reason we have courts
Sat Dec 26, 2015, 01:29 PM
Dec 2015

it's not at all uncommon for 2 people to come into conflict each claiming some right or protection for their behavior under some law or rule

My guess is use of hovering drones to peek through windows and under a porch or awning roof into a building's interior and places where privacy is reasonably expected will lose in court. I'm fairly sure that drones used for that will simply be seen a facilitating already illegal invasion of privacy with technology.

It wouldn't surprise me if communities develop ordinances that limit the use of these things so that an illusion of outdoor privacy is protected.


FrodosPet

(5,169 posts)
57. If a Cessna 172 is overflying my backyard, then isn't it in my airspace?
Sat Dec 26, 2015, 01:40 PM
Dec 2015

Personally, I am not a big fan of either shooting things or jamming potentially life-saving communications.

HereSince1628

(36,063 posts)
63. my county routinely uses aerial surveillance for code enforcement and taxation
Sat Dec 26, 2015, 02:00 PM
Dec 2015

I think that's mostly done through manned aircraft, which typically operate well above 500 feet. That altitude, and the relatively high speed of fixed wing aircraft rather limits loitering and purposeful invasive viewing of home interiors and under roofed spaces.

My guess is that persons occupying high vantage points with binoculars remain a bigger privacy problem than RC drones, but I do expect the privacy issues around drone use are going to move into courts and town ordinances.

Tab

(11,093 posts)
67. "Can I declare a "no-flight zone" over my house?"
Sat Dec 26, 2015, 02:20 PM
Dec 2015

February 13, 1998

Dear Cecil:

Do individuals have any rights to the airspace above the land they own? Can I, for example, declare the space above my house a no-flight zone (I know that it would be virtually impossible to enforce this), or can this only be done on a national level?

— D.S.

Cecil replies:

I understand your feelings. You paid good money for that house. Why shouldn't you be allowed to shoot down annoying aircraft flying overhead? Well, under the enlightened policy prevailing in the Middle Ages, you would have. For centuries the common-law doctrine was, Cujus est solum, ejus est usque ad coelum et ad inferos — literally, "To whomsoever the soil belongs, he owns also to the sky and to the depths." In other words, you had complete control over everything above and below your property. You want to declare a no-flight zone over your manse? Go right ahead. True, during the Middle Ages there were pretty much no flights, period. But it's the principle that counts.

This happy state of affairs began to crumble as soon as practical aircraft appeared on the scene. Lobbyists for the infant air-transport industry argued that air travel would be impossible if air carriers had to get permission from the owner of every private property their planes flew over. Possibly also there were whispered promises of frequent flyer miles in exchange for friendly votes. All I know is that the politicians immediately caved. In 1926 the U.S. Congress passed the Air Commerce Act, which declared that the "navigable air space" of the U.S. was a public highway, open to all citizens. Navigable air space was defined as the sky above "the minimum safe altitudes of flight" as determined by federal regulators — typically 500 to 1,000 feet above the ground. You see the practical effect of this. One minute you're lord of all you survey; the next you're living under the interstate.

Usque ad coelum as a principle of private ownership was formally given the boot by the U.S. Supreme Court in U.S. v. Causby (1946). The court laid down a new rule: you've got air rights only insofar as they're essential to the use and enjoyment of your land. Military aircraft using a nearby airport during World War II had flown over the Causby family chicken farm at an altitude of 83 feet, scaring the chickens and rendering the property unfit for the raising thereof. The court ruled that the Causbys had a right to compensation. Big of them, wasn't it? Bah. Under the previous system Old Man Causby could have taken out a few bombers with his shotgun, and that would have been that.

If it's of any comfort, usque ad coelum didn't completely disappear; it was merely transferred to nations. The 1944 Chicago Convention on International Civil Aviation declared that each country had sovereignty over the airspace above its territory. Thus Soviet leaders were within their rights when they ordered the destruction of commercial flight KAL 007 after it strayed over their territory in 1983. Sure, the loss of hundreds of innocent people was unfortunate. But you can be sure the next guys who flew near Russia brought a map.

Even on a national scale usque ad coelum isn't what it used to be. A 1967 treaty declared that the "exploration and use of outer space, including the moon and other celestial bodies … shall be the province of all mankind." Though the frontier of outer space was not defined, some experts argue that it begins about 90 kilometers above the earth's surface. That's the lowest level at which orbital flight is practical, and it's also out of range of most nations' guns.

But some courageous countries are pushing the envelope in this respect. One valuable portion of outer space is the so-called geostationary orbit, located approximately 22,300 miles above the earth's equator. Satellites in this orbit appear stationary relative to the ground, which is useful for communications, weather surveillance, and other purposes. Recognizing a revenue opportunity when they saw one, eight equatorial countries proclaimed in the Bogota Declaration of 1976 that they owned the portion of the geostationary orbit above their territories. They demanded that any nation wishing to place satellites in said orbit first obtain permission from the country beneath. Since the equatorial nations' ability to enforce this claim at the time was approximately zilch, the U.S. and other developed countries said: In your dreams. But you wait. If Ecuador ever perfects that 23,000-mile-range surface-to-space missile, I'll bet negotiations get reopened real quick.
http://www.straightdope.com/columns/read/1117/can-i-declare-a-no-flight-zone-over-my-house

PersonNumber503602

(1,134 posts)
49. I think flying quadcopters and other things can be fun, and fully support them
Sat Dec 26, 2015, 12:58 PM
Dec 2015

but if some idiot is being an ass with his toy, and his using it in a harassing manner and refuses to acknowledge my concerns. Then I'm going to take sort of action. Probably not shoot it out of the sky, but I'd have my 'fun' too.

Lars39

(26,110 posts)
60. Funny how since the military drones became public that remote controlled aircraft
Sat Dec 26, 2015, 01:55 PM
Dec 2015

from Hobby Lobby are now being called drones also. Makes them all seem a bit innocuous, doesn't it. Hmmm, what's the word...inoculation?
Remote controlled aircraft like your neighbor would buy isn't anywhere close to the specs of a military drone and shouldn't have the same consequences for being shot down.
In most places remote controlled aircraft are (or should be) regulated as to hours and location of operation.

RiffRandell

(5,909 posts)
77. Not a fan of guns but if you are that much of an asshole
Sat Dec 26, 2015, 08:23 PM
Dec 2015

to fuck with passenger planes (happened more than once) just like idiots pointing lasers at them, sporting events, automobile drivers/passengers I think you need a good dose of the law, meaning some type of punishment.

It just reminds me of idiots that enjoyed dropping huge rocks onto highways from overpasses. I did a ton of stupid shit in my life and when caught, I paid my dues.

Adults were behind all of these incidents, although the one at the NFL game was 17, then boasted about it on social media. Smart!

tblue37

(65,472 posts)
80. Depends on the judge--and the situation:
Sat Dec 26, 2015, 10:16 PM
Dec 2015
http://www.copblock.org/146434/judge-dismisses-charges-on-man-who-shot-down-drone/

"Judge Dismisses Charges on Man Who Shot Down Drone in Backyard: Kentucky Judge Dismisses All Charges Against Father Who Shot Down Drone Spying on His 16-Year Old Daughter While Sun-Bathing"

Kentucky Judge Rebecca Ward has cleared all charges against William Merideth who destroyed a drone hovering over his property with a shotgun, saying the drone was a invasion of privacy, local TV station WDRB-TV reports.

“He had a right to shoot at this drone, and I’m gonna dismiss this charge,” said Ward.

(SNIP)

Tab

(11,093 posts)
81. That's Kentucky for you
Sat Dec 26, 2015, 11:16 PM
Dec 2015

I don't blame the dude a bit, if he was in a safe area, then go for it.

If you can't safely fire a gun, a little power washer might do a bit of good. Just say you were watering the lawn.

 

stevenleser

(32,886 posts)
92. Walter Sobchaks above video shows how wrong the judge was.
Mon Dec 28, 2015, 02:09 AM
Dec 2015

The drone in question was 200 feet in the air and the video it was taking was not zoomed in on anything.

ManiacJoe

(10,136 posts)
82. Most towns and cities have laws against discharging firearms
Sat Dec 26, 2015, 11:37 PM
Dec 2015

for any reason other than self defense or defense of another. Shooting a drone would virtually never meet that definition.

John_Doe80004

(156 posts)
85. all the comments asside
Sun Dec 27, 2015, 02:23 PM
Dec 2015

even my own contributions to this thread,

we have all seen this before. it's a FAD and it will last maybe a couple years and in the end you will be left with a market rife with cheap once expensive drones and a handful of die hard hobbyists and commercial users.

we have seen with with model trains, rc cars and conventional rc planes, rc heli's, cb, etc.

it comes on in full force and goes out with no fanfare and just disappears leaving only the aforementioned users.

Tab

(11,093 posts)
86. Yeah but most of those were pre-camera on-board
Sun Dec 27, 2015, 05:39 PM
Dec 2015

Now anyone can put a camera on anything.

It's not just this stuff anymore:

Iggo

(47,563 posts)
87. Is is okay? Yes. Is it legal? Eh, legal schmegal. My neighbor's drone is an extension of his evil.
Sun Dec 27, 2015, 05:49 PM
Dec 2015

Although I prefer capturing it with a net to shooting it with a gun.

 

Eleanors38

(18,318 posts)
93. Interesting twist comes with right to hunt laws most states have...
Mon Dec 28, 2015, 02:09 PM
Dec 2015

In response to aggressive animal "rights" organizations going into the field to disrupt lawful hunting most states have enacted laws criminalizing these disruptive actions. If PeTA or other militant groups chose to use a drone to disrupt hunts -- esp. bird hunts -- then there may be some marginal shooting at that big noisy bastard flying with the dove.

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