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Drone question ....legal?

glennster

glennster

Well-known Member
After reading big ruh s post on the drone in the barn, if someone is snooping on your farm with a drone without permission, can you shoot it down? If you post a warning no drones ect. Like a no trespass sign. Just thinking.
 
If it were an aircraft.. no.. however aircraft have a minimum altitude to stay above... So anything lower could be a :::::

nusance..
danger...
harassment...
disturbing livestock
noise violation
privacy violation
waking the baby
etc...

so, the rules change somewhat,, but I don't know the law.. just thinking aloud...

would be a shame if it got caught up with my skeet shooting...
 
That would be a yes no or maybe thing. All depends on where you live where the drone came from etc. I'll not go in deeper since it could become one of those thing where well you know
 
Shoot it! Don't worry about the legality of it, the moron on the controls is up to no good if hes snooping in your barn with a drone. More than likely its going to have a camera of some type, so any evidence that's left can easily be disposed of, and youll have the SD card which may have some info on it.
 
WHAT? - Worried somebody's going to harvest your waterway rodents before you get to them?

yer phriend,
Jim
 
No, it is not legal for you to shoot it down. However, it is also not legal for just anyone to fly a drone out of line-of-sight either. If they are just a trouble maker, then you will probably get away with it. However, if they have some legitimate reason to be flying over your property (cops chasing a fugitive, township accessing taxes, etc.) then you will be in trouble almost instantly. It is no more legal for you to shoot at an aircraft flying over your house (manned or not), than it is to shoot at cars driving down the road in front of your house.
 
The FAA is still working on the rules for drones and they never do anything in a hurry.

They will no doubt have the same limits as aircraft do with regards to obstacle clearance.

The gray area is what is the difference between a small drone and a large R/C airplane? You could mount a camera on your scale P-51. Is that functionally any different than an ugly looking drone with four vertical props? Can you shoot at a model airplane flying over your property? I don't know, just asking more questions.
 
Actually, an aircraft has no minimum altitude in sparsely populated areas (that is, outside of any special controlled airspace). The pilot just has to stay 400' away from any person, vehicle, or structure. Technically, you don't own the airspace over your head, and anyone can take pictures of your property from above as long as they obey the Federal Air Regulations regarding minimum altitudes. Fortunately, there aren't many idiots who are willing to risk their pilot's licenses (a $5000+ investment in training costs alone) doing stupid things like buzzing people's houses.
 
Anyone can take pictures of you property from a piloted aircraft, as long as they obey minimum altitude regulations. Local townships have done this for years in our area to access taxes. People would come to the local tax meetings at the township office wondering why their taxes went up, and they would then be shown an aerial photo of the new pole barn that they put up in a spot where you could not see it from the road.
 
Right now, the difference is that the RC helicopter is both flown for recreation and is kept within sight of either the pilot or a spotter standing beside him (this is a provision to allow the pilot to fly with a camera). This also applies to RC airplanes.
 
If the drone was in the barn. I would shut the doors and lock it in. They can't come after you for closing the doors?.
 
No comment. Just thinking
Excuse me sir; I was flying my helicoptor thingy with a camera on it over your property and it never came back, can I go look for it?
No never saw a thing and no you may not go looking I value my privacy and so do my six bulls.
 
(quoted from post at 23:01:51 08/13/14) Actually, an aircraft has no minimum altitude in sparsely populated areas (that is, outside of any special controlled airspace). The pilot just has to stay 400' away from any person, vehicle, or structure. Technically, you don't own the airspace over your head, and anyone can take pictures of your property from above as long as they obey the Federal Air Regulations regarding minimum altitudes. Fortunately, there aren't many idiots who are willing to risk their pilot's licenses (a $5000+ investment in training costs alone) doing stupid things like buzzing people's houses.
Click to expand...

$5000? What about ultralights?
 
Ultralights are not aircraft and do not require a license. They must stay out of controlled airspace and are performance limited to prevent them from doing much damage (an ultralight crashing directly into your roof at full speed will make some holes, while a Cessna 152 crashing into your house at almost any speed will destroy most of the house). Also, have you checked the price of an assembled new ultralight recently? A Quicksilver MX Sprint kit is $9,894 without engine, and certified light-sport aircraft usually sell for $20,000+ in good used condition.
 
You know, years ago people had respect for someones property and a person didn't trespass. Now days even if a person has a sign up they seem to anyway and it is ok. A friend of mine said he had heard once someone went on someones property, (might have even went in the house) and they said "Well he didn't have signs up that I couldn't"... What is the world coming to?
 
Depends who you are, who's drone you shot at, and who is in charge of carrying out laws that day - as always with any sort of law, one person gets a year probation for something, the next gets 6 years for the same crime....

But, shooting down a drone is against federal law. There is a lot of grey area, but good people have looked at this and conclude if pushed, it would apply to shooting down a drone the way it is written.

You can disagree and that is fine and I'd not be happy to have my privacy invaded either I share the blast em feelings, better minds than me say it is how it is and it would be a Fedral crime.

Paul

Federal law states in part:

Whoever willfully…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.
 
You are correct. This is another example of the technology being ahead of laws anyone may have thought of. If you remember back when thermal imaging started to be widespread before any laws on its use came out, there was a case where police used a thermal camera to look through someone's house to see a pot farm in the attic. The case had to go to higher courts before it was decided looking "through" a persons house required probable cause, etc.
 
>In adidtion has to be at a altitude high enough to make a safe emergency landing.

No such requirement in the FARs. Aircraft can and do operate in locations and altitudes where a "safe" emergency landing is impossible. Take, for instance, a helicopter landing on a rooftop, or a an aircraft with a low service ceiling crossing a mountain range.
 
Maybe it was from Amazon trying to deliver a package to you? Sounds like they will be using drones for delivery in the very near future.
 
If you find a trespassers car or truck or ATV, etc. on your property...can you burn it, shoot it, etc? If you find a wallet with a substantial amount of money in it on the street...can you just keep it? The answer to both questions is no. Same for the drone.
 
A drone is a totally different issue, A car or
truck, if they leave it on Private Property,
without permission, you can "impound" it, A drone
flying on my property snooping into my barn would
definately be shot down, and promptly buried, i
dare any idiot to try to come on my property
looking for it. There is absolutely no way
continued invasion of privacy like that is
acceptable. I am sick and tired of the government
choosing which laws they want to enforce, seems
like any time a law is against a law abiding
citizen's rights, they want to enforce it and
protect the criminals. To allow "drones" to snoop
on private citizens property is one of those. I
still like the three "S" rule, Shoot, Shovel, Shut
up.
 
I am pretty sure the "drone" in question was not being utilized by or for any "Legal" entity of the government.
 

This actually happened a few years ago in SC. Some shooting or hunting club was having a live pigeon shoot of some description and PETA flew a drone over to take pictures. Someone shot it down. Never did hear the outcome.

KEH
 

You might be legal to shoot it down, but if you're REALLY concerned about the invasion of privacy, how are you going to shoot down that satellite that is also taking pictures every time it passes over?? Ever looked up your own place on "Google Earth"?
 
rusty, not sure if you saw big ruh's post a little earlier, but he had his shed door open fixing the door and went to get parts from town. when he got back, there was a drone inside the barn tangles up in a fishing net hanging from the rafters. overhead satellite photos are one thing, but what right does anybody have to go into your barn and look around? i read about some guys that got caught in yellowstone chasing big horn sheep with a drone for fun, and then some other clown crashed one in to a restricted lake in the park also.
 
As a hunter, I'm required to be aware of what is behind my target when I shoot. In case I miss I wouldn't want to be shooting into houses, at buildings, property, across roads, or into farmsteads and feedlots, etc.

Now, only hypothetically mind you, if I shoot at a drone and have to repeatedly fire buck shot or a center fire rifle up into the air at near 45 degree angles in swinging arcs like a WW2 destroyer on anti-aircraft picket duty in order to hit a moving drone, am I still responsible for any damages to other folks property or to my own property, or can I just blame it on kids and vandals and let insurance pay for it all? Hypothetically.
 
There was a major hoorah over it. The animal rights group is called "SHARK". They said there was $4,000 in damage to the drone. I have to side with the landowner on this. I would take a very, very dim view of a drone flying around my property especially if it was inside one of the buildings. I would consider it trespass and an invasion of privacy.


"SHARK began to use an “Octocopter,” a remote controlled flying machine with a high tech video camera, to secretly record the pigeon shoots as they happen.

State Police are investigating the incident. SHARK claims this is the fourth time the drone has been shot at while trying to spy on what they claim are inhumane pigeon shoots."
 
The loophole here is "employed in interstate, overseas, or foreign air commerce"...

As I see it (my opinion) a private individual or group flying a drone to "spy" on a person or persons or private property does not fall within the law as stated above.
 
That doesn't fly in Tx. (pun intended).

The burden is on the individual to know who's property they are on and have permission. The landowner is not required to have "no trespassing signs".
 
Hey Glenn.

It is definitely illegal to shoot at aircraft.

Drones, or more accurately RC model aircraft fly under 400 feet altitude.

This kind of flying contraption could easily be mistaken for a crow or other critter.

General aviation aircraft will almost always be above 400 feet unless taking off or landing or special operations i.e. crop dusting and will display anti collision lights

Personally, I would blast 'em.

Brad
 
Cars driving on the road in front of your house are not trespassing and have a legal right to drive there.

A private individual flying a drone or even an RC aircraft around your property taking pictures do not have a legal right to be there.
 
I don't know about you guys, but IF I caught a drone flying around my property, or in a building, I would FOR SURE be poppin the rifle at it. There is a reason it is called PRIVATE PROPERTY!

My family has paid GOOD money for our land, and the RIGHT to be here. It is private, and therefore gives no one the right to be snooping around...

I've had issues with trespassers before, some are accidental (had a two man airplane crash-land in our meadow because it was on fire one time!) some have been on purpose. I make sure that the bad ones don't want to come back!! :) Bryce
 
Provided the flyer of the drone didn't see you aiming the gun through his video before the lights went out. Jim
 
(quoted from post at 06:38:48 08/14/14) rusty, not sure if you saw big ruh's post a little earlier, but he had his shed door open fixing the door and went to get parts from town. when he got back, there was a drone inside the barn tangles up in a fishing net hanging from the rafters. overhead satellite photos are one thing, but what right does anybody have to go into your barn and look around? i read about some guys that got caught in yellowstone chasing big horn sheep with a drone for fun, and then some other clown crashed one in to a restricted lake in the park also.
Click to expand...

Yes, I read that post. If such a thing happened here, I would disable that drone and then dismantle it and throw it on the scrap pile.
 
(quoted from post at 09:11:57 08/14/14) A drone is a totally different issue, A car or
truck, if they leave it on Private Property,
without permission, you can "impound" it, A drone
flying on my property snooping into my barn would
definately be shot down, and promptly buried, i
dare any idiot to try to come on my property
looking for it. There is absolutely no way
continued invasion of privacy like that is
acceptable. I am sick and tired of the government
choosing which laws they want to enforce, seems
like any time a law is against a law abiding
citizen's rights, they want to enforce it and
protect the criminals. To allow "drones" to snoop
on private citizens property is one of those. I
still like the three "S" rule, Shoot, Shovel, Shut
up.
Click to expand...

It is the private property of another person, business or agency,until you know for certain that it's "snooping" in your barn you have no right to destroy another persons property. If your dog or cat wanders onto my lawn, I don't have the right to shoot it under most circumstances. If your kids plastic sled blows into my yard, I don't have the right to keep it or destroy it or anything else. It's what under the law is referred to as "Found Property" and there are laws regarding the proper handling of such property.

You know what happens when a bunch of guys start talking about "shooting down drones"? You end up looking like a bunch of ignorant rednecks and we end up losing more of our gun rights. Think before you speak/write.
 
(quoted from post at 14:15:35 08/14/14)
(quoted from post at 09:11:57 08/14/14) A drone is a totally different issue, A car or
truck, if they leave it on Private Property,
without permission, you can "impound" it, A drone
flying on my property snooping into my barn would
definately be shot down, and promptly buried, i
dare any idiot to try to come on my property
looking for it. There is absolutely no way
continued invasion of privacy like that is
acceptable. I am sick and tired of the government
choosing which laws they want to enforce, seems
like any time a law is against a law abiding
citizen's rights, they want to enforce it and
protect the criminals. To allow "drones" to snoop
on private citizens property is one of those. I
still like the three "S" rule, Shoot, Shovel, Shut
up.
Click to expand...

It is the private property of another person, business or agency,until you know for certain that it's "snooping" in your barn you have no right to destroy another persons property. If your dog or cat wanders onto my lawn, I don't have the right to shoot it under most circumstances. If your kids plastic sled blows into my yard, I don't have the right to keep it or destroy it or anything else. It's what under the law is referred to as "Found Property" and there are laws regarding the proper handling of such property.

You know what happens when a bunch of guys start talking about "shooting down drones"? You end up looking like a bunch of ignorant rednecks and we end up losing more of our gun rights. Think before you speak/write.
Click to expand...

I kind of figure that the folks who are operating those drones already suspect we might have firearms on the premises, and that is why they are snooping around.

Nobody, or thing, comes into my house, garage, shop, or backyard without first being invited. Not even a drone that has gone astray.
 
You're correct about the 400 feet. As wrong as it might be, to shoot at any aircraft flying above 400 feet is a federal crime that could land someone in prison. What 400 feet has to do with it, I have no idea. About shooting at one under 400 feet, not sure. Personally, if I knew about someone shooting at one, if asked about it I would tell the truth under oath that it flew too low, hit a banana peel, slipped and crashed...I'm pretty sure that's what I saw.

Mark
 
Did you shoot my drone down? I don't think so. Yes I was target shooting here on my private property at that exact time. I am usually not that bad of aim but I guess it's possible. Anything is possible.
 
(quoted from post at 03:47:33 08/14/14) No, it is not legal for you to shoot it down. However, it is also not legal for just anyone to fly a drone out of line-of-sight either. If they are just a trouble maker, then you will probably get away with it. However, if they have some legitimate reason to be flying over your property (cops chasing a fugitive, township accessing taxes, etc.) then you will be in trouble almost instantly. It is no more legal for you to shoot at an aircraft flying over your house (manned or not), than it is to shoot at cars driving down the road in front of your house.
Click to expand...

Gonna bet you that if a bonafide law enforcement agency is flying one around it will have adequate identification to prevent accidental misrepresentation and subsequent Red Neck responses.

I think it's a great idea for them.

For the crooks, you get the middle finger first, then the picture of me and my Mossberg Home Defense shotgun loaded with 00, maybe a wave goodby and then the lights go out. If you are stupid enough to come looking for it the sheriff is only a few minutes away.

We have meth labs pop up around here and I guarantee you that if the sheriff has a brood of these things those labs will disappear. We have a great sheriff here and he takes care of business.

My opinion.
Mark
 
I have a R/C P-51. I came with accessory provisions for cameras and even a function to drop little bombs. Replica or practice bombs of course. However I have some great big firecrackers I could put a long fuse on.

Gene
 
Drone??? , Don't know nothin' 'bought no drone; just been exterminatin' vermin 'round the place. Had a large MOSQUITO buzzin' around an' I swatted him ......(with my 20 Ga.). Danged Vermin!

LOL!
 
(quoted from post at 10:21:33 08/14/14) ... Drones, or more accurately RC model aircraft fly under 400 feet altitude. ...
Click to expand...

That is only semi-true. R/C aircraft are not limited to 400' altitude.

The Academy of Model Aeronautics says: " Do not fly higher than approximately 400 feet above ground level [b:b2a8fb319e]within three (3) miles of an airport[/b:b2a8fb319e] without notifying the airport operator."

That is basically an agreement between the FAA and AMA to ward off any FAA regulation proceedings.

There is no FAA regulation that addresses model/drone aircraft.

Back when I flew R/C Sailplanes, I had a 12' wingspan sailplane that was visible at 5000' altitude, and I regularly flew it at 3000'+. That was in areas outside the "3 mile limit".
 
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