With the recent news of ‘drone’ sightings around New Jersey and in other parts of the US, the question of just “shooting them down” keeps coming up.
If you see one, it’s best to document your sightings in photos and other relevant information.
But bear in mind that the drone may, in fact, be flying legally.
It’s a federal crime to shoot at an aircraft in the United States (as well as in most other parts of the world).
The Federal Aviation Agency considers drones, also known as Unmanned Aerial Systems (UAS), to be as much a part of the US airspace as commercial jets, private planes and emergency helicopters.
In the US, drones can fly legally day or night, as long as they fly no higher than 400 feet above ground level, the pilot and drone are registered with the FAA and they don’t fly in restricted airspace.
There are some exceptions to those general rules, but they usually require special waivers and consideration by the FAA.
Another important point to note: while you may own the land your house sits on, you don’t own the airspace above it. That point creates some confusion for some people who believe otherwise.
If a person were to shoot down a drone, there are several serious concerns:
• The drone could fly off in an unintended direction and pose a crash threat for air traffic, vehicles or buildings.
• The drone’s battery(ies) could explode and create a fire hazard upon landing.
• Federal law says that anyone who “sets fire to, damages, destroys, disables, or wrecks any aircraft” (which includes drones) in US airspace is subject to fines or up to 20 years in prison.
The FAA also mandated in March of 2024, that all drones be compliant with a system called Remote ID. That system broadcasts the type of drone, its serial number and manufacturer, and its point of launch. The information is entered into FAA’s UAS database as part of the required registration.
