In your own home on your own property, you are in charge. However, property rights do not extend very far upward, and airspace is often out of a homeowner’s control. With the recent increase in drone activity around Pennsylvania, some are urging people to shoot drones flying over their property. This might sound tempting, but it is a bad idea.

You can do a lot of things on your property, but shooting down a drone is not one of them. Not only is shooting at flying objects or aircrafts a federal offense, but there are too many risks involved for it to be safe. If you hit the drone, it might crash into someone. If you miss, you might accidentally shoot a person. Instead, you should report drones to the authorities. Your local law enforcement or the Federal Aviation Administration (FAA) might be able to identify the drone’s owner and determine what is going on. If the drone is flying extremely close to your home or being used to harass you, the owner should face penalties.

For a private case review, call our Philadelphia criminal defense attorneys at the Liberty Law Team at (215) 826-3314.

Can I Shoot a Drone Flying Over My Property in Pennsylvania?

People often believe they can do almost anything on their own property as long as it is not a crime. This is not entirely true. While you have much freedom on your property and a high expectation of privacy, there are certain things you cannot do, like fire a gun at drones. If you have noticed drones flying over your property, you might be concerned. You might have heard other people talking about shooting them down. Be warned: you should not shoot at drones, even if they are flying over your property.

First of all, shooting at drones is too risky. Suppose you hit the drone. It might come crashing down to earth and hurt someone. Drones are often bigger than they seem when they are in the air. Some are as large as small vehicles. A crashing drone could cause serious damage to people and property, and you might be held responsible. Alternatively, suppose you shoot and miss. You might shoot someone else by accident. If you are accused of shooting a drone, our Bensalem, PA criminal defense lawyers can help you fight the charges.

Second, all airspace is federally regulated. While you might be uncomfortable with a drone flying above your property, you do not actually own the airspace. There is not much more anyone can do about a drone other than report it. However, drones should not be flying extremely close to homes or private property. If the drone is very close to your home or property, report it to the police immediately.

What to Do if You See a Drone Over Your Property in Pennsylvania

If you notice drones over your property, you might be very concerned. You might even be tempted to take matters into your own hands and shoot it down. Again, do not do this. Instead, you should report the drone to the authorities. If it is somewhere it should not be or is otherwise violating FFA regulations, the drone’s owner may be found and penalized.

Contacting the local authorities is usually a good place to start. If the drone is legal, there is a good chance that the person or people operating it have communicated with local authorities about it. The police might be able to identify the drone and tell you whether it is safe.

You may also report the drone to the federal authorities. Report it to the Federal Aviation Administration (FAA), especially if you believe the drone is being operated in an unsafe way or violates regulations regarding how and where drones may operate. Please do not attempt to shoot it down.

Can I Get in Trouble for Shooting a Drone Over My Property in Pennsylvania?

You might get in some serious legal trouble for shooting down a drone. You risk criminal charges at both the state and federal level. If you are charged, call an attorney for help as soon as you can.

Since drones often occupy federal airspace, federal criminal charges might apply if you shoot one. According to 18 U.S.C. § 32(a), you may face federal charges for the intentional destruction of an aircraft. Penalties may include heavy fines and a prison term of up to 20 years. Remember, law enforcement or government agencies own and operate many drones. Shooting one down is like asking for trouble.

State charges for criminal mischief are found under 18 Pa.C.S. § 3304(a), and you may be charged with criminal mischief. This charge may apply in cases where someone intentionally damages another person’s property, like a drone. The charges are graded based on the cost of the damaged property. If the drone suffers at least $5,000 in damage, you might face third-degree felony charges. This is a very real possibility, as drones are known for being expensive.

How Close Can Drones Fly Over My Home or Property in Pennsylvania?

There is no single or complete answer to this question. The FAA generally controls airspace. The owner of private property likely cannot do much if someone decides to fly a drone over their home. However, drone operators do not have free reign to fly drones wherever they please.

First, drones must comply with FAA regulations. There are restrictions on where drones can and cannot fly. For example, a recreational drone operator can fly their drone around their neighborhood, but they cannot fly it around sports stadiums, airports, or special-use airspace. Drones may only be used without Remote ID in FAA-Recognized Identification Areas (FRIAs). Both the drone and the operator must be within a FRIA while the drone is flying.

Second, homeowners have a reasonable expectation to privacy. Drones used for surveillance might interfere with a homeowner’s reasonable expectation to privacy if it flies too close to the ground around the home. Still, you should avoid shooting the drone.

Instead, if the drone is so close to your home that you feel your privacy is being violated, take pictures and record videos of the drone. Report it to the police and try to determine who owns the drone. If the owner is identified, they may face penalties if they violated FAA regulations.

Additionally, depending on the circumstances, you might be able to take legal action against them. Did they damage your property? Were they using the drone to harass or intimidate you? Speak to an attorney about your concerns.

All Our Pennsylvania Criminal Defense Attorneys if You Are in Trouble for Shooting a Drone

For a private case review, call our Bucks County, PA criminal defense attorneys at the Liberty Law Team at (215) 826-3314.