- Joined
- Aug 5, 2015
- Messages
- 270
- Reaction score
- 42
- Location
- Mccordsville, Indiana
- Website
- www.ebay.com
illegal shooting of drone?
- Thread starter june03dr
- Start date
-
- Tags
- drone shot down
I happen to agree with the comments made that this pilot was bordering harassment. It is one thing to fly over someones house at a high altitude and another thing entirely to sit an loiter low altitude for long period of time invading privacy in an obvious manner. We no jack about this video the whole thing cold be a hoax but this thread I do find interesting on what others feel and interpret as being okay. Yes the laws on this are very gray but I do believe common sense should prevail? Yes it is not lawful to discharge a fire arm in a residential setting up in the air. This is just plain stupid. I don't really think that even needs to be said does it? I do believe however this is a great reason to go snag the 200 SOLO's so if some clown does decide to hover around your house/property like this freak you could fire up your 200 Solo and RAM his thousand dollar investment. He would not be expecting that. 
That maneuver would be just as "gray" in the eyes of the law as what he is doing and thus also present no lawful fallout
That maneuver would be just as "gray" in the eyes of the law as what he is doing and thus also present no lawful fallout It actually wouldn't be nearly as grey in my eyes. Piloting another craft into a quadrotor requires many more deliberate, focused actions. One could claim the firearm discharge was intended as a warning especially if it were a shotgun shell with bird or buckshot which would disperse most of the kinetic before it began to head for the ground. Basically, the RAMming of another aircraft is a deliberate, intentional, unambiguous attempt to destroy property.
IMHO , IANAL.
IMHO , IANAL.
Missed one very important point. One act is already documented with your local sherif as an illegal act but the other is not. I hear ya though but wouldn't want to try and explain that scientific gravity fire arm explanation to a judge.
YCFS
I hear ya though but wouldn't want to try and explain that scientific gravity fire arm explanation to a judge. YCFS
- Joined
- Dec 29, 2017
- Messages
- 25
- Reaction score
- 3
- Age
- 43
If it was indeed shot down, it was outside the property line when it was shot at, so that will be another problem for the shooter.
The conditions of the property gave the drone pilot a pretty reasonable reason to be flying the drone over the property, but as others have said, he should have been more efficient, rather then linger.
I see nothing that indicates there was a reasonable expectation of privacy, and the "airspace over my property" claim that is often made is pretty laughable.
The conditions of the property gave the drone pilot a pretty reasonable reason to be flying the drone over the property, but as others have said, he should have been more efficient, rather then linger.
I see nothing that indicates there was a reasonable expectation of privacy, and the "airspace over my property" claim that is often made is pretty laughable.
Sorry disa
I disagree and I hope your opinion is the minority on the topic. That type of flight behavior over/next to somebody’s property that you don’t know is what makes all drone pilots look like peeping toms. Not relevant whatsoever the property is a shi___t hole. If this type of behavior becomes more prevalent then I believe in near future local cities will find ways to enact some type of ordinance based on some clever law writing as to allow Joe Sheriff to come out to your house and write you a ticket based on safety or noise crap.
My little suburbia city has laws on the books about what type of material you must have to be considered a “driveway” to allow you to park cars on your own property. Yep if I had 15grand I could take them to court and most likely win based on my rights as a property owner however I don’t have 15G’s to gamble with. Even if I did win they would simply find new wording/approach to go at it a different way thus the game would start all over again. Think about this law for a second and connect the dots. What are they attempting to control with this law and how are they getting away with it? What type of neighbors are they mandating by this ordinance more importantly what “type” neighbors are they removing?
If you are using your drone to “learn” about your neighbors new hot tub, new garden, new shed, new boat, their messy back yard etc… Please stop if for anything your fellow hobbyist. I would care less if you were scanning my back yard because you wanted to learn about my new pool however most don’t feel that way. Majority rules brother.
I disagree and I hope your opinion is the minority on the topic. That type of flight behavior over/next to somebody’s property that you don’t know is what makes all drone pilots look like peeping toms. Not relevant whatsoever the property is a shi___t hole. If this type of behavior becomes more prevalent then I believe in near future local cities will find ways to enact some type of ordinance based on some clever law writing as to allow Joe Sheriff to come out to your house and write you a ticket based on safety or noise crap.
My little suburbia city has laws on the books about what type of material you must have to be considered a “driveway” to allow you to park cars on your own property. Yep if I had 15grand I could take them to court and most likely win based on my rights as a property owner however I don’t have 15G’s to gamble with. Even if I did win they would simply find new wording/approach to go at it a different way thus the game would start all over again. Think about this law for a second and connect the dots. What are they attempting to control with this law and how are they getting away with it? What type of neighbors are they mandating by this ordinance more importantly what “type” neighbors are they removing?
If you are using your drone to “learn” about your neighbors new hot tub, new garden, new shed, new boat, their messy back yard etc… Please stop if for anything your fellow hobbyist. I would care less if you were scanning my back yard because you wanted to learn about my new pool however most don’t feel that way. Majority rules brother.
Last edited:
- Joined
- Dec 29, 2017
- Messages
- 25
- Reaction score
- 3
- Age
- 43
You'll note that I specifically said "pretty reasonable." Meaning that by viewing the video I could pretty easily see what his intentions were although he was pretty stupid in his execution.
You're disagreement stems from your view of the drone as something that's only used by hobbyists.
The drone is a tool and the growth of it's use really won't be able to be regulated as technology quickly and repeatedly outpaces any legislation. Drone users do not have to adapt to the public, the public has to adapt to drone users.
If a next door or nearby neighbor poses a health/safety/fire risk or is clearly affecting the value of my property by violating local code, I'm going to use all available tools to document that.
I'll take photos with an SLR from public spaces, and if I have one, I'll launch a drone to get aerial shots.
For sure, I would do so in a much more professional and less intrusive manner then the guy that shot the video. But as stupid as he was, he did nothing illegal.
There is nothing in that yard that could not be viewed from a neighboring second story, so there is no expectation of privacy.
You're disagreement stems from your view of the drone as something that's only used by hobbyists.
The drone is a tool and the growth of it's use really won't be able to be regulated as technology quickly and repeatedly outpaces any legislation. Drone users do not have to adapt to the public, the public has to adapt to drone users.
If a next door or nearby neighbor poses a health/safety/fire risk or is clearly affecting the value of my property by violating local code, I'm going to use all available tools to document that.
I'll take photos with an SLR from public spaces, and if I have one, I'll launch a drone to get aerial shots.
For sure, I would do so in a much more professional and less intrusive manner then the guy that shot the video. But as stupid as he was, he did nothing illegal.
There is nothing in that yard that could not be viewed from a neighboring second story, so there is no expectation of privacy.
Last edited:
- Joined
- Dec 31, 2017
- Messages
- 6
- Reaction score
- 1
- Age
- 62
Illegal in the US to shoot at any man made object in the air
No I believe we are all aware drones are used in large numbers in both the public and private sector for commercial use. In this case I can’t speak to the use of the video intent the drone pilot was going after. No he is clearly higher than 14’ (average height of second story house). Yes I disagree with you in your belief that local cities can’t or won’t come up with laws to cleverly govern the use of drones (without a commercial license) in their cities. Yes I believe all Drone hobbyist should exercise caution when in flight in residential settings in regards to what could be viewed as privacy infringement. Yes you are correct the current law for video surveillance as written today in many situations is gray. In my city the law reads “video surveillance can be used from your own property of your own property and you should not film other’s property in areas of obvious privacy” This is very gray and open for interpretation. If I fly my drone from my own property I am good as long as I am not hovering looking into my neighbors bathroom window? Does my drone need to be over just my own property? Exactly the law is open for interpretation I believe by design. The laws can catch up to drones as they become a problem and yes if you believe cities can’t come up with ways to pass local city ordinance laws to remove hobby drone flights within their city limits then you are simply naive or not paying attention.
In as far as your comments about what you would do if your own neighbors had this or that I would recommend to you to please put away your self-appointed investigation badge and leverage your tax dollar spend and simply phone in a compliant to your local city. They will investigate on their own on your behalf and yes they may even use a commercially licensed drone to do so. If this yielded no results and their was a safety issue then and only then would I even consider going it on my own. I believe most of your post is rationalizing your initial post.
It is illegal to not only shot an aircraft be it maned or unmaned but illegal to discharge a firearm in the city limits of most city's. You would have to go fedral however as most counties will side with the homeowner.
Normally the standard, but some jurisdictions have come at it from a different angle. In Texas you are restricted from using a drone to photograph a person or property in a manner that would constitute surveillance, per sec. 423.003. It's a class C misdemeanor. Plus, the person photographed can take legal action recovering a civil penalty of $5,000 for taking the pictures, and $10,000 for displaying or distributing them. Now, whether that would pass Constitutional muster in court has yet to be determined. The nature of this video did come across to me as sort of a surveillance of a specific person and property, probably because of the rats' nest garbage on the property.
Regardless of where it was, the pilot may be somewhat wrong for being a dick head, while the property owner would be all wrong if he indeed shot the drone.
Note that the previous section of the statute specifically notes as non applicable in 21(B) the operator of the unmanned aircraft is authorized by the Federal Aviation Administration to conduct operations within the airspace from which the image is captured.
Take that for what you will. But since the FAA is the sole body of government allowed to regulate the National Air Space, and they have issued specifics on when drone use is allowed.....
Take that for what you will. But since the FAA is the sole body of government allowed to regulate the National Air Space, and they have issued specifics on when drone use is allowed.....
Somewhat apples and oranges. Many drone pilots believe that they are only subject to the exclusive jurisdiction of the FAA. That’s not true. Local governments can still pass laws with respect to drone interaction with the ground. So hovering a drone outside a window will probably violate a peeping Tom statute; chasing water fowl on a lake with a drone can (and has) yield a wildlife harassment citation; drone use for surveillance can be banned or regulated by local government. The section you cited simply states an FAA certified pilot may use a drone to take a picture, nothing more. Section 423.003 says if those pictures are for surveillance purposes it is a class C misdemeanor. And if the person distributes the pictures it’s a class B misdemeanor. Texas is totally screwed up regarding drones, and it’s causing major issues with news reporters in the state.
You may wish to consult a lawyer on those statements. I am not one. However the section I quoted is entitled 'NON-APPLICABILITY'. Which has a fairly strong legal recognition and definition as I understand it.
Hehe... Don't get me wrong, I'm not condoning these laws. Texas has the most abhorrent drone laws in the US in my opinion. Many of the points of the statute, I believe, would not survive a constitutional challenge. And I hope someone does challenge them and have the majority of the statute struck down. Here's an article of the Texas Press Association lamenting over this statute. And any drone operator working for a news reporter is FAA certified.
Know the state's rules before launching drones in Texas | Texas Press Association
So all in all we can agree, next year you'll only be allowed to fly your drone indoors, at 2 ft, once you have the blinds drawn.........
OMG sorry how stupid are some Americans about to shoot a drone right now? Something like that would not have happened here in Germany because we have stricter gun laws where not everyone is allowed to own a weapon. In Germany, the police would come and take an ad because of the video material. Then comes a court case where you are punished for a fine. If someone here shoots a drone here in Germany, he comes to court for unauthorized possession of weapons and unauthorized use of weapons. In the end, it means jail for the shooter
Similar threads
New Posts
-
-
Free Music / SFX Resource for Your Videos - Over 2000 Tracks- Latest: Eric Matyas
-
-
-
Members online
No members online now.