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11/03/2022
It may be awful, but wait a minute before holding the gun!
A drone wandering around the backyard ... maybe you're watching? can not forgive! But please be aware of some points before shooting down.
First, shooting down a flying robot is a federal crime, whatever it is. Whether you're in the way of a pool party or looking into your underwear through the bathroom window.
According to Peter Sachs, a Connecticut lawyer and publisher of the Drone Law Journal, "In my legal view, shoot, shoot down, hurt, destroy or stop a drone, or do them. Attempting to try is a federal crime in itself. "
I think that drones can be viewed in various ways. Creepy, noisy, annoying, scary, excellent robots, good looking toys, targets.
But from a legal point of view, drones are good aircraft and must be treated that way. The United States Code 18:32 says:
What this means is that if you shoot down a drone, you'll be sentenced to 20 years in jail, fined up to $ 2,500, or both. There is a possibility. So, legally speaking, shooting down a drone is the same as shooting down a helicopter or a Boeing 747. The word "aircraft" has a fairly broad meaning, and it works in favor of drones.
“This is true even if the drone is floating in your backyard,” says Sachs. "According to the Federal Aviation Administration (FAA), everything above the tip of the weeds is FAA-controlled airspace, and any aircraft will attack, even if you own X feet above the ground. Since doing is a federal crime, you are not allowed to shoot down a drone. "
When did the remote-controlled flying robot become an aircraft? Actually, it was from November last year. In 2011, photographer Raphael Pirker shot a commercial with a drone at the University of Virginia. The FAA then decided to fine him, claiming that the drone was too close to buildings, cars and pedestrians. Gotagota was involved in the trial, and the Japan Transport Safety Board finally decided that the drone was an aircraft and that the FAA provisions would apply.
Even nowadays, there are many people trying to shoot down drones. Last September, a man in New Jersey was arrested for shooting down a drone in his neighborhood. Last month, a video of firefighters spraying water on a drone became popular. Another man has shot down a UAV in his neighborhood and has been fined $ 850.
FAA spokesperson Laura Brown told Gizmodo, "We consider unmanned aerial vehicles to be'aircraft', but the damage is out of our jurisdiction because it is the damage to our personal belongings." rice field. She also asked the Justice Department for comment, but did not receive a reply.
Given the year that this CNN footage was played, anti-drone citizens have been demanding a bill to allow shootings on aviation devices, at least since 2013. Image: CNN / YoutubeUnfortunately, you can't shoot down a drone just because it's annoying. Even if it violates your privacy. However, there is only one good situation to shoot down. Self-defense.
I wonder where the sci-fi movie is, but if the drone not only broke into your premises but also intentionally attacked you, you might be able to shoot it down. But this is only when the drone plunges into you or shoots (illegal) bullets.
Overdefense in the name of self-defense is really dangerous and is no exception to drones. For example, if the drone was sneaking through the bedroom window, wouldn't it seem like a crisis was imminent? That's not enough, according to Sachs.
"Self-defense is only possible to escape a lethal attack or to protect yourself from certain dangers," Sachs explains. In other words, just being seen is not a reason. In other words, just because someone starts taking a picture of you on the roadside doesn't mean you can hit him.
If it's a trespass, it's okay to shoot, but that's not the case. But trespassing is a good reason to call the police. Just because a drone is on private land doesn't give you the right to attack.
Of course, everything has its limits. Just because your drone is protected from your ammo doesn't mean you can fly around as much as you like.
Many states have laws prohibiting peeping. The same is true even for drones. However, there is a big difference between plunging through a kitchen window and wandering the street in front of the house. If the drone is filming a video of the neighborhood or just taking a picture of a public place, Sachs points out that it is within the freedom of expression.
There is another reason why you shouldn't shoot down. It's common sense.
"Pointing a gun at an aircraft also poses a danger to others," said Les Dorr, a spokesperson for FAA. "A bullet hitting an unmanned aerial vehicle can not only crash and cause great damage to people and objects on the ground, but it can also collide with other objects flying in the air. Of course, the criminal law. You may be asked by the Civil Code. ”Even if you are not a drone opponent, it is very dangerous to shoot at the sky.
You know that the United States is developing a surprising laser weapon for Hollywood to shoot down military drones, but it's difficult to compare because military and civil law are so different. The US Navy has recently developed laser weapons for drones, but Japan and China are also considering introducing similar laser weapons for drones. Drones on the battlefield are just for attacking humans, so it's okay to shoot them down with a laser.
One last word. Just because a drone is flying doesn't mean it's a Cyberdyne spy. Probably harmless.
If you still decide to shoot down, be prepared for proceedings, fines and imprisonment. The reality is that unless you are trying to harm you directly, there is no effective way but to call the police.
But the law is constantly evolving. Unmanned aerial vehicles are still a new technology, so the rules will become clearer as they become more closely linked to our lives.
Anyway, for the time being, think from the standpoint of the side that is flying the drone. You probably just skip it as a hobby and you don't have to be scared. I'm sure the drone is scared of you.
Bryan Lufkin --Gizmodo US [Original]
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