Picture this: You’re relaxing in your New York backyard when suddenly you see a drone buzzing suspiciously overhead. Instinctively, you may think, “I’ll shoot it down.” Before you head to the gun cabinet for a gun, think again. Shooting down a drone in New York isn’t just a terrible idea—it’s a federal crime.
The attorneys at Horn Wright, LLP tackle the problems arising at the intersection of property rights, privacy issues, and federal regulations. Let’s look at some of the things you want to consider before you put a drone in your crosshairs.
Firing at Drones Could Cost You 20 Years
The Federal Aviation Administration (FAA) makes it crystal clear: shooting at any aircraft, including drones, is illegal under federal law. This prohibition is codified in 18 U.S. Code § 32, which criminalizes the destruction of aircraft. It states that anyone who "willfully… damages, destroys, disables, or wrecks any aircraft in the special aircraft jurisdiction of the United States" can face severe penalties, including fines and imprisonment of up to 20 years.
The FAA also warns potential shooters of the real-world risks involved. A drone hit by gunfire could crash into people or property below or even collide with other objects in the air like other aircraft, turning a minor situation into a catastrophic event.
New Yorkers should know that no state or local government has the authority to override federal law. In every corner of the U.S., including the Empire State, shooting down a drone is off-limits.
Shooting Drones? NY Law Says No
Even though federal law alone makes shooting drones illegal, New York laws can add even more trouble if you’re thinking of taking a shot at a drone. Shoot at one in New York, and you could find yourself in all sorts of trouble from multiple angles.
Criminal Mischief: Damaging someone else’s property, i.e., the drone,can lead to serious penalties that range from fines to jail time. Under New York Penal Law §145.00, intentionally damaging another person's property constitutes criminal mischief in the fourth degree, a class A misdemeanor.
Reckless Endangerment: Discharging a firearm in residential or public areas risks harming others and can trigger criminal charges. According to New York Penal Law §120.20, recklessly engaging in conduct that creates a substantial risk of serious physical injury to another person is classified as reckless endangerment in the second degree, a class A misdemeanor.
Weapons Violations: New York’s strict gun laws can compound your legal troubles, especially if your firearm is unregistered or improperly handled.
Drones Overhead: What About Your Privacy?
Drones can feel invasive, especially when hovering over private property. While privacy concerns are valid, shooting down a drone isn’t the answer. If you believe a drone is violating your rights, here’s what you should do:
Contact Local Law Enforcement: Report suspicious drone activity to your local police department. Clearly explain the situation, including details such as the location of the drone, the time of the incident, and any observed behavior that suggests the drone is being used unlawfully (e.g., hovering near windows or over restricted areas).
Notify the FAA: To report a potentially unlawful drone operation, visit the FAA’s dedicated online reporting system. The FAA’s Unmanned Aircraft Systems (UAS) Hotline is also an option for general inquiries or guidance on drone incidents. Be prepared to provide specific details, including the drone’s description (size, color, and type, if identifiable), its flight path, and any information about the operator if known. Reports involving immediate safety concerns may also be directed to the local Flight Standards District Office.
Document the Incident: Use your smartphone or camera to record video footage or take photos of the drone in action. Capture its movements, how long it remains in the area, and any identifiable features like registration numbers or logos. If possible, note the direction the drone flew after leaving your property, as it may lead to the operator’s location.
When documenting the incident, make sure to prioritize your safety. Avoid confronting the operator directly or interfering with the drone, as these actions could escalate the situation. Instead, use the gathered evidence to support a police or FAA investigation. Additionally, maintain a log of dates, times, and detailed descriptions of any recurring incidents, as this information can strengthen your case if the behavior persists.
New York law protects individuals from harassment and stalking, including cases involving drones. If a drone operator uses their device to spy on you or invade your privacy, they could face civil or criminal penalties without you ever needing to touch a firearm. Pursuing a legal route ensures your privacy is respected while keeping you on the right side of the law.
High-Tech Solutions: Alternatives to Shooting
Instead of escalating matters with dangerous or illegal actions, there are other high-tech alternatives to address drone nuisances safely and effectively aside from shooting them. Consulting with an attorney regarding your specific situation is the only true way to know whether the actions you’re contemplating are legal and whether you’re permitted to use them.
Drone Detectors
Drone detectors are advanced devices that use sensors to detect the presence of a drone in your vicinity. These systems often include radio frequency scanners that pick up signals transmitted between a drone and its operator. Some advanced models provide detailed information, such as the drone's make and model, its flight path, and sometimes even its operator's location. This data can be useful for reporting incidents to authorities or pursuing legal action. For homeowners or businesses concerned about frequent drone activity, investing in a drone detection system offers peace of mind without the risks associated with confrontation.
Anti-Drone Jammers
Anti-drone jammers, also known as signal disruptors, are devices designed to interfere with the communication between a drone and its operator. These jammers emit electromagnetic waves that overpower the drone’s radio signals, forcing it to land, return to its point of origin, or lose control. While these systems sound like a perfect solution, their use is heavily restricted in the United States. The FCC regulates radio frequencies, and unauthorized use of jammers can violate federal laws.
For organizations or individuals in high-security areas, such as government buildings or sensitive facilities, authorized anti-drone technologies may be an option. These systems are typically used by trained personnel and are integrated with detection systems to ensure minimal disruption to the surrounding environment.
Geofencing and Signal Spoofing
Some anti-drone systems use geofencing or signal spoofing to mitigate threats. Geofencing leverages GPS technology to create virtual boundaries that drones are programmed not to cross. Signal spoofing, on the other hand, involves sending fake GPS signals to mislead a drone into thinking it is in a restricted zone or far from its intended location. While these technologies are effective, they are complex and primarily used by professionals in security or defense sectors.
Think Twice Before You Pull the Trigger: Contact Horn Wright, LLP, Today
Taking down a drone may feel like standing up for your privacy, but the legal consequences far outweigh the momentary satisfaction of shooting one out of the sky. From federal fines to state-level charges, the costs can be life-altering. Instead of risking criminal prosecution, let the attorneys at Horn Wright, LLP guide you. We understand the frustration and uncertainty that comes with drone invasions, and we’re here to help you navigate the legal system.