If you have been watching the news lately, you might have heard about the numerous drone sightings around Pennsylvania and New Jersey. You might have witnessed these drones for yourself. While seeing an unidentified drone can be concerning, you should avoid taking the law into your own hands. Despite what others might say, do not shoot at drones.
If you see a drone, do not try to shoot it down or otherwise damage or disable it. This might lead to state or federal criminal charges. Remember, airspace is federally regulated, and shooting at drones in federal airspace is a recipe for trouble. Instead, report the drone to the authorities. There is a chance the drone is legally operated or even owned by the government. Many do not realize that drones are often larger than they seem in the sky. Some are as big as small cars. If you managed to shoot one down, it might crash and injure people. Alternatively, you might not shoot the drone but accidentally shoot a person.
If you are facing legal trouble related to drones, call our Philadelphia criminal defense lawyers with the Liberty Law Team at (215) 826-3314 for a free case review.
What to Do if You See a Drone in Your Neighborhood in Pennsylvania
More and more drone sightings are being reported around Pennsylvania, New Jersey, New York, and a few surrounding states. While many worry about what the sudden presence of these drones might mean and who is operating them, some have called for immediate action. Many, including elected officials like Donald Trump, have advocated for people to shoot down drones. Rest assured, this is a bad idea and will lead to serious legal consequences.
If you see a suspicious drone in Pennsylvania, do not try to shoot it. Instead, report it to the proper authorities. Try calling your local police department and telling them a suspicious drone is in your area. They might investigate or log the report for future reference. Another option is to contact federal authorities. Since airspace is federally regulated, drones and other aircraft often fall under the jurisdiction of the Federal Aviation Administration (FAA). Drones are required to adhere to FAA regulations, and the FAA might be very interested in suspicious drone sightings.
Before making the call, observe what the drone is doing. What does it look like? How big is it? Which direction did it come from, and which direction did it fly toward? All these details can help the authorities identify the drone and its owner. If you try to shoot the drone, even if you believe it is doing something illegal, you might face serious consequences.
Possible Legal Consequences for Shooting at a Drone in Pennsylvania
Firearms are heavily regulated, and shooting one off will likely lead to trouble, even if you believe you are within your rights to do so. If you try to shoot a drone in Pennsylvania, the authorities may intervene, and you could face various criminal charges. In such a case, contact our Pennsylvania criminal defense lawyer for help immediately, as there may be state and federal legal implications.
State Criminal Charges
If you shoot a drone in Pennsylvania, you might face criminal charges from state prosecutors. According to 18 Pa.C.S. § 3304(a), intentionally damaging someone else’s property by using fire, explosives, or other dangerous means (e.g., firearms) may lead to criminal charges for criminal mischief. Remember, while you might not like the drone flying around your neighborhood, you cannot control the airspace, and the drone is someone else’s property.
Under the law, criminal mischief may be charged as a third-degree felony if the defendant intentionally causes damage over $5,000. For losses of at least $1,000 but still under $5,000, the defendant may be charged with a second-degree misdemeanor. For damage in excess of $500 but less than $1,000, you may be charged with a third-degree misdemeanor. For cases involving damages under $500, the defendant may face a summary offense.
The thing about drones is that they can be very expensive. It is not unusual for a more technologically sophisticated drone to cost several thousand dollars. In such a case, there is a good chance you might be charged with a felony for shooting one down.
Federal Criminal Charges
You might also face federal criminal charges in addition to state criminal charges. Remember, airspace is regulated by the federal government, specifically the FAA. Anything that occupies federal airspace falls under federal jurisdiction, including drones.
According to 18 U.S.C. § 32(a), you might be charged with a federal crime for destroying aircraft or aircraft facilities. Under this law, it is a federal offense to destroy, wreck, or damage any aircraft in the special aircraft jurisdiction of the United States, including civil aircraft. These federal charges may lead to steep fines and a prison term of no longer than 20 years.
Why Shooting at a Drone in Pennsylvania is a Bad Idea
Shooting at drones is a bad idea for many reasons besides the possibility of criminal charges. First, you might not shoot the drone. Aiming a firearm at a drone in the distant sky is not an easy shot to make. There is a good chance you might miss and hit someone or something else by mistake. Consider what might be between you and the drone. Are there other houses, buildings, or people? If so, the risk of injuring others or damaging property is high.
Even if you hit the drone and shoot it down, things could still go terribly wrong. Drones are often very large, bigger than they appear in the sky. If you shoot one down, it might crash land, injure people, and damage property. It is best to leave the drone alone and report it to the authorities if you are concerned. If you are in trouble for shooting at a drone, contact an attorney for help immediately.
Contact Our Pennsylvania Criminal Defense Lawyers if You Are Charged for Shooting at a Drone
If you are facing legal trouble related to drones, call our Lower Merion, PA criminal defense lawyers with the Liberty Law Team at (215) 826-3314 for a free case review.