(Drone photo credit pavlobaliukh / Adobe Stock)
CLAIM / QUESTION

It is illegal to shoot down a drone.

THE BACKGROUND

Since November, reports of drone activity over New Jersey have sparked nationwide interest, with sightings even being noted here in North Carolina. In recent weeks, the FBI revealed that it has received more than 5,000 tips about drone sightings.

In response to the surge in reports, the DHS, FBI, FAA, and DoD issued a joint statement. After reviewing data and citizen tips, they concluded that the sightings likely involve a mix of lawful commercial and hobbyist drones, law enforcement drones, manned aircraft such as planes and helicopters, and even stars mistakenly identified as drones.

While officials emphasize that there is no evidence suggesting the drones pose a threat to public safety, social media comments reveal ongoing confusion about the legality of shooting down a drone flying over private property.

OUR RATING

TRUE – According to the FAA, it is illegal under federal law to shoot at a manned or unmaned aircraft.

Shooting at an unmanned aircraft could result in a civil penalty from the FAA and/or criminal charges from federal, state or local law enforcement.

OUR FINDINGS

The FAA considers all drones (also known as UAS or Unmanned Arial Systems) to be aircraft under the statutory and regulatory definitions. As aircraft, drones generally are subject to FAA oversight and enforcement..

In a general statement on Jun 2, 2024, the FAA says:

It’s illegal under federal law to shoot at an aircraft. A private citizen shooting at any aircraft – including unmanned aircraft – poses a significant safety hazard. 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. Shooting at an unmanned aircraft could result in a civil penalty from the FAA and/or criminal charges from federal, state or local law enforcement.

Federal law, specifically 18 U.S. Code § 32, prohibits the willful destruction, damage, or disabling of any aircraft, including drones, that fall under the special aircraft jurisdiction of the United States or are engaged in interstate, overseas, or foreign air commerce. Violating this law constitutes a federal crime, punishable by up to 5 years in prison and fines.

In addition to federal regulations, shooting at a drone can breach state, county, or local laws. Assistant Chief of Police Hanson of the Asheboro Police Department explained that firing at a drone could lead to charges such as discharging a weapon within city limits or damaging personal property. “More serious charges could be filed if an unintended target is struck,” Hanson added in an email.

Past incidents underscore these legal risks. In 2020, a Georgia man was arrested for shooting down a utility company drone performing inspections. He faced charges of second-degree criminal damage to property and reckless conduct. More recently, a New York man was arrested for shooting down a drone, while an elderly Florida man was charged after damaging a Walmart delivery drone with a pistol.

According to the FAA, as of Dec 2, 2024, more than one million drones have been registered, including 403,358 commercial drones. Drones today are used by real estate agents, roofers, land surveyors, power companies, law enforcement, fire departments, search and rescue teams, and more.

If you see a drone that appears to be dangerous or is being used to commit a crime, report it immediately to local law enforcement.

For drones not following FAA regulations, you can contact your local FAA Flight Standards District Office. In North Carolina, this would be the Greensboro office. FAA investigators can look into your report and take action against the operator if necessary. Unauthorized drone operators may face fines and criminal charges.

The FAA recently published a FAQ page titled What to Know About Drones to address common questions about drone use and safety.

SOURCES

###

Report a typo, correction, update, or problem.