What are the legal issues of flying a drone over private property?

[vohkinne]

Let's say a neighbor flies a small remotely-controlled craft over my backyard -- despite my repeatedly-stated objections. I don't like the fact, he has a camera mounted on it, nor do I like the risk of it malfunctioning one day and falling down on my head (or on my eggplants).

Am I legally allowed to shoot it down -- with rocks, or slingshot, or bow, or even a gun (if I had one)?

Will the government consider such shooting a crime?
Will he successful suing me for damages to the craft?

What are the laws on the matter -- certainly commercial aircraft fly above people's private land all the time, but it gives no one the right to shoot them down...

[aenedleah10]

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1. As neighbors, you should try to resolve it amicably. You never know if and when you might need his help.


2. Let's assume that talking to him peacefully and amicably does NOT work. Then, on the next incident, record a video of such incursions. Then call "non-emergency services" or 3-1-1 (in some localities), and ask whether they could intervene. State that you have evidence, and present the video if requested. Ask them to warn the neighbor.


3. After # 2, because he ignored your repeated objections, you could try to file a "cease and desist" order, drawn up by you, or better yet, your lawyer.

A cease and desist order is an order or request to halt an activity (cease) and not to take it up again later (desist); or else face legal action. The recipient of the cease-and-desist may be an individual or an organization.

In the U.S. the term is used in two different contexts. A cease-and-desist order can be issued by a judge or government authority, and has a well-defined legal meaning. In contrast, a cease-and-desist letter can be sent by anyone, although typically they are drafted by a lawyer.

http://en.wikipedia.org/wiki/Cease_and_desist


4. I would shoot the drone as a very last resort. You could miss and the projectile (whether stone, arrow or bullet) could injure someone, or destroy something else.

Good Luck! I hope the unauthorized fly-bys stop.

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[hob97]

I would say that One of them is it is legal for ME to Shoot thatshit right out of the sky.

After all, the purpose of the second amendment was for the citizens to protect themselves against an over-reaching government.

[fiynn]

you don't have air space rights. if you shoot you can be prosecuted for any number of charges. you may also have a claim for harassment.