Florida Bill Could Let Homeowners Shoot Down Low-Flying Drones

And don’t forget swamps. But, in fact, Florida is the seventh most densely populated state, roughly half that of Massachusetts and a third of New Jersey. And about seven times more dense than Wyoming, the least densely populated of the lower 48.

Excessive thread drift.

I simply pointed out that I could not legally use a rifle to shoot a deer, much less even think about using one on a drone. So, the idea that one could, or would want to do so when a shotgun might not be as outlandish and have a better chance of hitting something seems quite foreign to me, not to mention a bad idea for all the reasons listed by others above. That’s all. It’s a not an interstate contest.

A device with battery and wires that could short thus create spark when broken apart is an obvious fire hazard when it falls from the sky.

Thankyou.

Makes some sense to prohibit use of rifles near populations, none elsewhere.

Unless one wants lead particles in their food, from shotgun pellets sprayed over the deer’s body. :wink:

Logic error:
Population average over a state is misleading, as population is large in concentrated areas such as Miami.
Even NY state has empty areas including sizeable mountains.

I think that if a drone is over my property (~30 acres) without permission below fixed-wing flight altitude (500’ agl), it is a de facto act of trespassing.

What should my recourse be, aside from removing it forcibly from the property?

Yes, I agree that having rednecks shoot at flying objects constitutes a serious hazard, but the property owner needs some means of recourse and the right to enforce his/her property boundaries.

The FAA restricts drones to 400 AGL without a waiver for higher altitude, so while you might think you own the air up to some notional altitude (based on what law, exactly?), the FAA would likely take a really dim view of you shooting at perfectly legal flight operations.

Would you shoot at a helicopter passing overhead at 300 feet? How much jail time would you be interested in serving?

Trespass is generally handled as a lawsuit item. The law about overflying private property looks at whether the overflights somehow interfere with the use or enjoyment of the land. If you were next to a Walmart warehouse that was constantly buzzing your house with delivery drones, you might have a good case for court. Occasional random overflights, not so much. Your state may have passed laws regulating drone use and trespassing: look to them for guidance…but they may not be all that helpful. NC, for example, prohibits “conducting surveillance” of private property with a drone. I asked the state aeronautics people what “conducting surveillance” meant: they couldn’t tell me.

In any event, a pretty good rule to consider is that you’re generally not allowed to shoot at trespassers unless they present a definable threat: cranking off rounds at an unfamiliar car in your driveway just for being there would get you in trouble. So would shooting at a drone.

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I am not a lawyer, but my understanding of trespassing is that it involves activity in a jurisdiction such as a state or municipality and would be enforced by local officials, whose capacity to enforce laws generally ends on the surface, or perhaps below, not above.

Q: What agency would enforce laws regarding a drone at 400 feet? A: FAA. They are the only ones authorized to enforce laws above ground level. It’s also the case that FAA cannot charge anyone with a crime, like trespassing because the limit of their authorization from congress is certificate action, that is, civil action.

It comes down to enforcement. Who you gonna call who has the knowledge, training, equipment, and perhaps most importantly, authorization to enforce a law that somehow applies up in the sky?

The national airspace, for better or worse, begins above the ground, not at any specific height above the surface.

I think the laws and enforcement will probably have to evolve somehow, if we don’t want people doing crazy stuff to try to gin up their own enforcement regime…

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I get your point - and the gap in the current law is obvious.

That said, if you find that someone is using a drone to watch your family on your property, what is your recourse? How do you ID the pilot/owner of the drone?

Deer are hunted with shotguns without a choke firing slugs. The intent being you must get close to the deer. It reduces the risk of other hunters being shot by rifle bullets from shots missing the deer or misidentifying a person as being a deer at 1000 yards.

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