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Steve Mermelstein is recognized for his expertise in small Unmanned Aerial Systems, aerial photography, and cinematography, drones, search and rescue, and innovative unmanned projects. He has received grants and distinguished industry awards. The media and press regularly rely on him for his insight and expertise on drones and unmanned aircraft.
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No, you don’t own the airspace and can’t stop human-crewed airplanes and helicopters for the same reasons. Only the federal government can prohibit, restrict, or regulate airspace.
We usually don’t get too close unless it’s unavoidable, for safety, a search and rescue mission, or another type of emergency. This may include, but is not limited to, evasive action to avoid birds or human-crewed aircraft, to perform an emergency landing, or to comply with Law Enforcement or FAA limits/restrictions/orders.
No, we’re not invading anyone’s privacy. We are very ethical, responsible, and respectful drone operators. We only fly our drones in full compliance with privacy laws and all other federal and state laws.
Our drones cannot identify persons from a distance. If you’re inside, we definitely can’t see you. Even if you’re outside, you will be unidentifiable. Our drones will never be flown close enough to see through any windows.
Did you know that much more detailed 3D imagery is publicly available on Google Maps (enable Earth view) and Google Street View?
In short: not legally. Attempting to interfere with, damage, or destroy a drone has the same penalties as trying to interfere with, damage, or destroy a human-crewed aircraft. It comes with multiple state and federal felony charges and can also be classified as a federal criminal violation (18 USC 32) and even a terroristic act.
You’re likely to be immediately arrested. Even joking about it is a felony. If found guilty of either, you could receive a multiple-decade prison sentence and permanent loss of your right to possess guns. You could also be liable for injuries or damages.
In detail:
The same exact laws that protect all aircraft protect drones. So, anyone shooting at a drone would be treated the same as if they shot at a real human-crewed helicopter or airplane. The shooter could be arrested and charged with dozens of severe crimes. A conviction of any one of these could result in a multiple-decade prison term and permanent loss of your right to possess guns.
Property owners own the land, not the air. There is ZERO private airspace in the US, and for the same reasons, property owners cannot prohibit human-crewed airplanes and helicopters; they can’t prohibit drones. Only the federal government can prohibit, restrict, or regulate this airspace. A landowner has no right to shoot at a drone and would be subject to arrest, prosecution, and civil liability.
If the shooter causes a loss of control and the drone crashes into a person (or people), the shooter could be charged with assault with a deadly weapon or even more serious crimes. If anyone should die, the shooter could be charged with manslaughter or even murder.
Anyone causing damage to a drone would also open themselves to severe civil liabilities and penalties. Drone operators and anyone with damages can actively pursue these and all legal costs through civil courts.
The contents of this post are for informational purposes only and should not be construed as legal advice. I am not a lawyer, so I do not give legal advice. If you have questions or want professional assurance that the information is appropriate to your situation, please consult a licensed attorney.
