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I bet it's not. If someone flies a $200 drone over your house and you shoot it down in an area otherwise allowable for gunfire I bet it never makes it into a federal court system. In fact, I'm willing to go farther than just bet on it . . . if the situation arises.

 

Like I said before, it's unlikely that a federal prosecutor would spend their time on it. It is, however, a fact, that the law, as written, applies. In the future, when there are drones carrying expensive commercial shipments and equipment, not just hobbyists, shooting one down probably will attract the attention of the federal government. Businesses tend to have better lawyers, and lobbyists.

 

Now, here's a real world case that was just resolved, under Kentucky, not federal law:

 

http://arstechnica.com/tech-policy/2015/10/drone-slayer-cleared-of-charges-i-wish-this-had-never-happened/

 

Kentucky man shoots down a drone. Kentucky man claims it was at an altitude of 10 feet. Drone operator claims his video and telemetry proves it was at an altitude of over 200 feet.

 

Judge ignores both, accepts eyewitnesses who claim it was somewhere below the tops of the trees, rules that the Kentucky man had a reasonable belief when he decided to destroy the drone. Apparently, they actually did use reasoning similar to what I had written earlier in this thread. ("I'd argue that if the angle is low enough to look inside your windows, it's probably too low to transit at speed safely (where it looks like they could easily crash into trees, power lines, rooftops, etc.), and so is trespassing instead of traveling a public highway.")

 

Supposedly, there is prior case law making it very clear that "above 500 feet" is above the "minimum safe distance" for flight and therefore public space, while "below 83 feet" is the property owner's space. The area in between has not been addressed. The judge accepted evidence that suggested it was below 83 feet to get rid of the whole thing before it went to trial, apparently to the surprise of law enforcement and the prosecutor. (The charges were "criminal mischief" and "wanton endangerment".)

 

If his version of events is true, that it was actually hovering low in his yard and appeared to be casing his property or spying on his kids, personally, I've got no problem with destroying it. (Maybe not the very brightest call, it earned him a night in jail and some legal fees, he lucked out with a judge who saw it his way before trial, and the prosecutor can still come back at him via grand jury.) If there were no witnesses and evidence that it was haplessly flying over at altitude, it'd be sketchy.

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