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Is shooting down a drone a civil offense?

Posted on 4/21/15 at 5:59 pm
Posted by MeridianDog
Home on the range
Member since Nov 2010
14165 posts
Posted on 4/21/15 at 5:59 pm
Here is a story about a Texas guy who spotted a drone in the air above his property, apparently taking pictures of his house.

LINK

So OT Lawyers, if I shot down a drone over my property, what would be the legal downside in court?

If I were sued, would I be likely to be able to beat the civil suit.

Are you justified in shooting down a drone over your property?
Posted by jivy26
Member since Nov 2008
2760 posts
Posted on 4/21/15 at 6:02 pm to
(no message)
This post was edited on 11/7/22 at 4:55 am
Posted by The Mick
Member since Oct 2010
43077 posts
Posted on 4/21/15 at 6:04 pm to
Discharging a firearm is illegal, not sure about the drone question.
Posted by MeridianDog
Home on the range
Member since Nov 2010
14165 posts
Posted on 4/21/15 at 6:07 pm to
quote:

Discharging a firearm is illegal


I do not live in a city. I live outside of the city limits in the county. It is not against the law for me to discharge a firearm on my property.
Posted by Epic Cajun
Lafayette, LA
Member since Feb 2013
32394 posts
Posted on 4/21/15 at 6:07 pm to
You don't own the airspace over your house, think about planes that fly over. I'm not certain where in the air your property line starts though.
Posted by LSUsmartass
Scompton
Member since Sep 2004
82362 posts
Posted on 4/21/15 at 6:08 pm to
Just claim it was an accident, it works for the government
Posted by stout
Smoking Crack with Hunter Biden
Member since Sep 2006
167120 posts
Posted on 4/21/15 at 6:08 pm to
I wonder how your ownership of air rights comes into play here.
Posted by upgrayedd
Lifting at Tobin's house
Member since Mar 2013
134845 posts
Posted on 4/21/15 at 6:09 pm to
quote:

I wonder how your ownership of air rights comes into play here.


There has to be some sort of privacy issue at play.
Posted by MeridianDog
Home on the range
Member since Nov 2010
14165 posts
Posted on 4/21/15 at 6:10 pm to
I like the question better -

"How many feet off the ground does my property stop?"

Obviously I have no answer to that question.

If an intruder jumps up into the air just as I shoot, is he not on my property?

Posted by Epic Cajun
Lafayette, LA
Member since Feb 2013
32394 posts
Posted on 4/21/15 at 6:10 pm to
I just read an article that stated you own somewhere between 80-500ft of airspace over your home. The Supreme Court has refused to explicitly state the number, though.

Before air travel you owned an infinite column of airspace over your home.

LINK
This post was edited on 4/21/15 at 6:12 pm
Posted by jivy26
Member since Nov 2008
2760 posts
Posted on 4/21/15 at 6:11 pm to
https://aviation.uslegal.com/ownership-of-airspace-over-property/

quote:

But, if a landowner is to have full enjoyment of his/her land, s/he must have exclusive control of the immediate reaches of the enveloping atmosphere[iii]. Accordingly, a landowner is protected against intrusions in the airspace immediate and direct as to subtract from the owner’s full enjoyment of the property and to limit his/her exploitation of it[iv].


quote:

at such a height as not to interfere unreasonably with the possessor’s enjoyment of the surface of the earth and the air space above it,
Posted by MeridianDog
Home on the range
Member since Nov 2010
14165 posts
Posted on 4/21/15 at 6:12 pm to
quote:

somewhere between 80-500ft


Seems I read that too. So could I shoot down the drone at 70 feet altitude?
Posted by upgrayedd
Lifting at Tobin's house
Member since Mar 2013
134845 posts
Posted on 4/21/15 at 6:12 pm to
quote:

MeridianDog


Thanks dude, now I'm craving tater tots.
Posted by stout
Smoking Crack with Hunter Biden
Member since Sep 2006
167120 posts
Posted on 4/21/15 at 6:12 pm to
quote:

You don't own the airspace over your house,



Yes you do actually

LINK
Posted by BayouBandit24
Member since Aug 2010
16551 posts
Posted on 4/21/15 at 6:13 pm to
quote:

but not the airspace above it


You'd be incorrect.
Posted by Epic Cajun
Lafayette, LA
Member since Feb 2013
32394 posts
Posted on 4/21/15 at 6:13 pm to
Read my other post, there is not a stated amount that you own. I just meant that you don't own an infinite amount of airspace over your home.
This post was edited on 4/21/15 at 6:14 pm
Posted by goldenbadger08
Sorting Out MSB BS Since 2011
Member since Oct 2011
37900 posts
Posted on 4/21/15 at 6:13 pm to
quote:

Thanks dude, now I'm craving tater tots.
Thought the same thing
Posted by chesty
Flap City C.C.
Member since Oct 2012
12731 posts
Posted on 4/21/15 at 6:14 pm to
Slingshot with a rock or paint balls
Posted by MeridianDog
Home on the range
Member since Nov 2010
14165 posts
Posted on 4/21/15 at 6:15 pm to
quote:

jivy26
quote:

at such a height as not to interfere unreasonably with the possessor’s enjoyment of the surface of the earth and the air space above it,




That was clear as muddy water or maybe foggy airspace.
Posted by Epic Cajun
Lafayette, LA
Member since Feb 2013
32394 posts
Posted on 4/21/15 at 6:15 pm to
quote:

quote:
somewhere between 80-500ft


Seems I read that too. So could I shoot down the drone at 70 feet altitude?


Seems like you could, but how can you judge how high it is?
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