Since November, dozens of witnesses have reported seeing mysterious drones flying over various parts of New Jersey and other states. While law enforcement officials have said that the drones don’t appear to be a threat to public safety, the drones have nonetheless sparked concern over who is flying them and why.
Sen. Richard Blumenthal (D-CT) said the drones should be “shot down, if necessary.” He said the U.S. should “take them out of the skies, especially if they’re flying over airports or military bases.”
People online have discussed the possibility of private citizens shooting down the drones. Some people have said they’d shoot at a drone if it flew low enough over their house and at least one commenter said they “can’t believe no one has shot one of these things down yet.” But others have claimed there are felonies and federal charges waiting for those who do shoot at the drones.
THE QUESTION
Is it legal to shoot down a drone?
THE SOURCES
- Federal Aviation Administration (FAA)
- U.S. federal code
- Past incidents in which people shot drones in Florida and New York
THE ANSWER
No, it isn’t legal to shoot down a drone.
WHAT WE FOUND
It is a federal crime to shoot at a drone, meaning it is illegal nationwide. Shooting down a drone can also lead to state or local charges for violating other laws not specific to drones.
In a June 4, 2024 statement regarding drones and local laws, the Federal Aviation Administration (FAA) said that it’s illegal under federal law to shoot at an aircraft. A person could face a civil penalty from the FAA and/or criminal charges from federal, state or local law enforcement if they shoot at an unmanned aircraft, another name for a drone.
“A private citizen shooting at any aircraft – including unmanned aircraft – poses a significant safety hazard,” the FAA said. “An unmanned aircraft hit by gunfire could crash, causing damage to persons or property on the ground, or it could collide with other objects in the air.”
The FAA referred people to a federal law regarding the destruction of aircraft and aircraft facilities, which does not distinguish between manned and unmanned aircraft. The penalty for violating this law is a fine and/or imprisonment of up to 20 years.
State and local laws cannot override federal laws. That means there is no state or municipality in the country where it is legal to shoot at a drone.
But oftentimes, shooting down a drone is illegal under state or local law, too. People who shoot down drones can be charged for damaging property and recklessly shooting a firearm in a residential area.
This year, a 72-year-old man in Florida shot a delivery drone with a handgun and was arrested. He was charged with one count of shooting or throwing deadly missiles into dwellings, vessels or vehicles, one count of criminal mischief causing $1,000 or more in damage and one count of discharging a firearm in public or on residential property, according to VERIFY partner station First Coast News.
The man agreed to a restitution order requiring him to pay the company operating the drone $5,000. He will not serve any jail time if he is not charged with any other crimes within the next six months.
A 60-year-old man in New York was also arrested for shooting down a drone this year. The man was charged with second-degree menacing and fourth-degree criminal possession of a weapon, New York State Police say.
If you believe a drone is being used to violate the law, such as by spying on you or by flying without registration, you should report it to local law enforcement and to the FAA here.
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