Originally posted by BowSlayer
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Can I legally shoot a drone down?
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Originally posted by tvc184 View PostBesides a lot of great opportunities for humor..............
I don't see how it is legal. Damaging property belonging to another is at the least, criminal mischief (called vandalism in some states). Looking at a somewhat similar state law, if a vehicle or piece of equipment or property is on your land, the law says that you can have it removed at the vehicle/equipment owner's expense but the law gives no right to destroy a person's vehicle on your property. Let's say that a drunk parks his car in your driveway. You can call a wrecker and have it towed and he is responsible for the charges however your can't trash his $30,000 vehicle legally. I don't see where a drone would be any different and in any case, there are specific laws on using force or dealing with property and I have seen none allowing for unrestricted destruction.
A SCOTUS case from the 1940's (way before the TSA )claims that the federal government controls air space however the same case says that you have the right to enjoyment of that airspace, meaning that they can't restrict how you use your property.
The issue of trespassing seems meaningless under TX law which says to be trespassing a person has to have his entire body (not something attached to the body as it is with burglary) on the other person's land or completely inside of the home/building. Even then, there is no legal use of deadly force for trespassing so the premise that you can shoot a drone because of trespass laws seems a flawed argument.
When worried about privacy and with the height that the drones can fly, what if they merely fly above their own property and video yours? They can usually see the same thing and never cross the theoretical air lines of your property rendering any claim of trespassing non-existent. It would be no different than a neighbor in a two story house looking into your back yard when you have a 6' privacy fence. There is no law allowing destruction of property for privacy issues.
There are probably all kinds of other legal issues that not only deal with the flight itself. For example TX has photographing criminal laws if photos or video are taken for sexual gratification, harassment, etc.
Again, there are some great jokes out there, you can also SSS or other such options and hope not to be caught (as with any crime). When the OP asks if it is legal, I am going to say that the criminal law answer is no, not to mention a potential lawsuit to replace the item.
I think this is another case where the laws have not caught up with technology. I suspect in the future there will be bills introduced in the TX legislature about drones and it might be put in the section of current laws of Disorderly Conduct or disturbing the peace.
Okay, back to the jokes and the regularly scheduled program of "What I Would Do If It Was Me".
Just smoke it and post up LPDS. What about using a water hose to take it down...?
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As a military pilot, we brief a lot on privacy. I have access to a very advanced FLIR and day tv system with impressive zoom capability on my aircraft but would never use it to invade privacy of Americans on purpose. In other words we just don't go snooping for no reason and we definitely don't fly around people's homes for any reason. There's better ways to spend your flight time. As was said before, we do have altitude limits when it comes to populated areas and unless permission is obtained to land on your property, we just don't do it. That being said, if you want I can take care of said drone for you. I really dislike those things. Apache vs. drone? I win, every time.
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Originally posted by BowSlayer View PostIf they are not standing where they can see it I would think it would have to have a camera on it or they would have no way to navigate. I don't see how you could fly one blind.
I watched a guy on our lease do it recently. Thing took off, traveled the lease sending pics back to his laptop that was sitting on the bed of his truck, came back, and landed itself. The cameras on these things are self stabilizing and send great pics.
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If you can legally shoot on your property....
If you can legally shoot a firearm on your property you will probably not have a problem.
I don't believe there is a season, a limit, or any firearms restrictions regarding how one can take drones.
I would collect what remains as a memento.
I do not think they are difficult to mount.
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Originally posted by TexasRough1256 View PostSo can you shoot it or not?
There is only one basic human right, the right to do as you damñ well please. And with it comes the only basic human duty, the duty to take the consequences.
P. J. O'Rourke
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