Can You Shoot Down a Drone Over Your Property? And What Should You Do If Someone Shoots at Your Drone?

BY Zacc Dukowitz

10 July 2024

Can you shoot down a drone down when it’s flying over your property?

No, you can’t.

Shooting down a drone is a federal crime. And depending on where you live, it could also be a state crime, too.

Whether the drone is over your property or not, you are not legally allowed to shoot it down. And if you do shoot it down you can face serious legal repercussions, including big fines and potential prison time.

Drone Shootings Are Becoming More Common

Despite being illegal, more and more people are shooting at drones.

Not too long ago, a 72-year-old man in Lake County, Florida shot a Walmart delivery drone from DroneUp, punching a hole through its payload. As a result, the man has been charged with shooting at an aircraft, criminal mischief damage over $1,000, and discharging a firearm in a public or residential property.

This shooting isn’t an isolated incident. According to a report from Fortune, drone delivery shootings—and drone shootings in general—are becoming more common, and are starting to be a real problem for Walmart’s drone delivery program.

Given the rise of drone shootings, it’s important to know what’s legal and what to do if someone shoots at your drone.

In this guide, we’ll look at the increasing frequency of drone shootings, the legality of shooting at drones, and what to do as a drone pilot when someone shoots your drone.

Here’s a menu to help you navigate this guide:

Can You Shoot Down a Drone Over Your Property?

According to the FAA, drones are classified as aircraft, and shooting at an aircraft—including a drone—is illegal.

It doesn’t matter if the drone is flying over your property or not. And that’s because you don’t own the airspace over your property. The FAA oversees all national airspace, including the airspace over private land—this means only the FAA can take action in that airspace.

Note: There is some nuance when it comes to using airspace over private land. In some instances, people have argued for avigation rights—the right to charge an entity like an airport for flying repeatedly over a piece of property.

But none of that applies to shooting a drone over your land, about which the law is very black and white: it’s illegal.

Federal Regulations Against Shooting Drones

The section of federal law that pertains to shooting at a drone, or any aircraft for that matter, is Title 18 of the U.S. Code Section 32.

And, to be clear, the FAA has stated explicitly that it prohibits shooting down drones.

The U.S. airspace is regulated, and property owners do not own the airspace above their land beyond what they can reasonably use (e.g., for building extensions). Shooting a drone can lead to charges of property damage, reckless endangerment, and violations of federal aviation laws.

Further, the same federal law prohibits interfering with anyone “engaged in the authorized operation of such aircraft.” So you could also be fined or face prison time for shooting at a drone even if you miss, or for harassing or attacking the pilot—again, regardless of whether they’re flying over your property or not.

State and Local Laws Against Shooting Drones

In addition to federal regulations, several state and local laws also explicitly outlaw shooting at drones, with specific statutes on the books that address drone use and damage to drones.

In California, it’s illegal to interfere with or damage another person’s drone under state law.
In Kentucky, there have been cases where individuals who shot down drones were prosecuted under existing property damage and firearm discharge laws.

What about Spying?

If someone is flying over your property to spy on you, and not to do legitimate work, that is illegal and you should call the authorities right away to report that person.

But remember—don’t intervene yourself. You could get in serious legal trouble if you do.

Jump down to learn more about what to do if someone is spying on you with a drone.

What Can Happen If You Shoot Down a Drone Over Your Property?

Violating federal law against destruction of an aircraft—which is what shooting at a drone is—can result in severe penalties, including fines and imprisonment.

It doesn’t matter whether you shoot down a drone over your property or somewhere else. The same law and potential penalties apply.

Wondering just how much?

Prison time could be up to 20 years.
Fines could be up to $250,000.
Shooters could also be on the hook for civil liabilities for property or personal damage, which could be in the millions depending on the extent of damage.

Bottom line, don’t shoot at drones. It’s just not worth it.

What to Do If Someone Shoots at Your Drone

Given that drone shootings are becoming more and more common, it’s reasonable for drone pilots to worry about them happening.

And it’s not just shootings—a commercial drone pilot named Zach Zywiak was recently attacked while on-site doing a real estate drone shoot in Tucson, AZ.

The attacker was an angry neighbor who thought the pilot was surveilling his property. (Zywiak, owner of Tucson-based Moonflower Media, won a case against his attacker in small claims court.)

So what do you do if someone shoots at your drone?

Keep reading for steps to take immediately after the shooting, after you leave the scene of the shooting, and a few other things to keep in mind.

Immediately After the Drone Shooting

Here’s a step-by-step of what to do in the moment:

1. Stay Calm and Assess the Situation

Ensure your safety first. If the shooter is still present, maintain a safe distance. Land your drone immediately to prevent further damage or potential accidents.

2. Identify the Shooter

If it’s safe, try to identify the person who shot at your drone. Note any distinguishing features, but prioritize your safety.

3. Call the Police

Call 911 and report the incident to your local police. Inform them that a firearm was discharged, which should prompt an immediate response due to the inherent danger. Provide detailed information, including the location and description of the shooter.

4. Document the Scene

The shooting was a crime, and you need to collect evidence that shows what happened.

Take photographs or videos of the scene, including any damage to your drone. Collect contact information from any witnesses who saw the incident. Their statements can be valuable for any legal proceedings.

After You Leave the Scene of the Drone Shooting

After you’re safe and out of the area, here are some next steps to consider taking:

1. File a Police Report

Ensure that a formal police report is filed, detailing the incident and any damages. This report could be useful for insurance claims and potential legal actions.

2. Contact Your Insurance Provider

If you have drone insurance, report the incident to your insurer. Provide all necessary documentation to support your claim for repairs or replacement.

3. Report the Shooting to the FAA

Notify the local FAA Flight Standards Office (FSO). This step is crucial because the FAA regulates all airspace, and shooting at an aircraft (including a drone) is a federal crime.

To report a drone shooting to the FAA, call its Safety Hotline at (800) 255-1111 or file your report online at hotline.faa.gov.

4. Report the Shooting to the FBI

Contact your local FBI office and file a report with them (find your local FBI office here).

Why contact the FBI? Because it’s a federal crime to shoot at any aircraft, crewed or uncrewed. Shooting with a gun is a federal crime, but so is shooting with any other weapon, including crossbows or even airsoft guns—and even the threat of shooting down an aircraft can get you 5 years in federal prison.

5. Tell Your Story

Drone shootings happen in part because people don’t understand the law surrounding drone operations. Some people actually think it’s legal to shoot a drone down that’s flying over their property.

Consider going to the local news to tell them what happened, so others can hear about the shooting and be educated on the legality of shooting drones.

Also, share your story on forums, Facebook groups, and other places where you interact with drone pilots. In addition to educating people so they don’t shoot drones, it’s important to educate other drone pilots so they know to look out for people shooting at their drones, and what to do if it happens.

What Else Can You Do After a Drone Shooting?

Want to keep going? Here are a few more things to consider doing:

File a report with NASA’s ASRS (Aviation Safety Reporting System). NASA’s ASRS collects national airspace data to help keep the skies safer, and the more data it has, the more accurate its reporting will be. Find the NASA ASRS here.
Talk to a lawyer. Depending on what happened and what you want to do next, you may want to seek legal advice to understand your rights and options. Laws regarding drone-related incidents vary by location, so having expert guidance is essential.

Can Drones Fly Over Private Property—And How Close Can They Fly to My House?

As we covered above, all of the airspace in the U.S. is governed by the FAA. This includes the airspace over private property.

Put simply, the airspace is public.

Even the airspace over private land? Yes. Whether the airspace you’re talking about is over private or public land, the airspace itself is still public.

Because of this, drones can fly over private property as long as they comply with the FAA’s rules.

Image source

How High or Low Can People Fly Drones Over My Property?

Navigable airspace refers to the airspace above the minimum altitudes of flight prescribed by the FAA.

For general aviation, this is typically 500 feet above the ground in non-congested areas and 1,000 feet above the highest obstacle in congested areas.

For drones, the FAA’s Part 107 regulations limit flight to 400 feet above ground level to ensure safety and minimize conflicts with manned aircraft. This means that, in general, a drone pilot can legally fly up to 400 feet above your property.

Property Owner Rights vs. Airspace Rights

All of the above holds true so long as the drone pilot isn’t breaking any other laws, such as those pertaining to privacy and safety.

That is, property owners still have rights over the airspace immediately above their property that relate to both privacy and safety. These rights are limited to a “reasonable” altitude necessary for the enjoyment and use of the property. However, the extent of these rights can vary by state and local regulations.

Avigation rights, or the right of aircraft (including drones) to navigate through airspace, are federally protected. This means that while property owners can control the space immediately around their home (generally up to 83 feet according to some legal precedents), above that height, the airspace is considered navigable and under FAA jurisdiction.

How Close Can Someone Fly to My House?

FAA regulations allow drones to fly over private property as long as they follow federal rules. However, they must not hover directly over people or move in a way that invades privacy. The FAA encourages drone pilots to avoid flying directly over homes without permission.

Some states and municipalities have enacted additional regulations to protect privacy and property rights.

For instance, states like Texas and Georgia have laws against flying drones over private property without the owner’s consent, treating it as a potential invasion of privacy or trespass.

Property Owner Protections

Here are a few things to keep in mind regarding what to do about drones flying over your property:

Privacy laws. Property owners are generally protected by privacy laws that prevent drones from capturing images or videos of people inside their homes without consent. Violating these laws can result in fines or criminal charges.
Nuisance and trespass laws. If a drone flies repeatedly and at low altitudes over a property, it might be considered a nuisance or trespass. Property owners can report such incidents to local law enforcement, who can then investigate and take appropriate action

What to Do If You Think a Drone Is Spying on You

If you think a drone is spying on you, the first step is to confirm whether the drone is actually observing you, or if it’s just flying over your property for some other reason.

Drones are used for all kinds of work these days, and there could be a totally harmless explanation for why a drone might be flying over your house.

Also, keep in mind that drones are really noisy, so they’re not actually that useful for spying despite concerns you might read about online. Further, most drones aren’t equipped with cameras that are high-quality enough to do any spying, given how high in the air they fly (though some certainly could).

Here are a few things to look out for when you think someone might be spying on you with a drone:

The drone hovers for extended periods over specific areas, especially around windows or properties.
The drone is flying at unusually low altitudes or making repeated passes over your property.

Image source

If you want to up your anti-drone spying game, here are a few things you can do to try and verify whether a drone is indeed spying on you:

Anti-drone radar detectors. These devices can identify drones by detecting their radio frequencies or Wi-Fi signals, providing early alerts of nearby drones.
Drone detection apps. Apps like DroneWatcher or Anti-Drone can notify you of nearby drones by detecting their signals.
Night vision cameras. If you suspect nighttime surveillance, night vision cameras can help spot drones by their lights or infrared signals.

Of course, all of these things are expensive. You can also just follow the guidelines in the first list above to make a determination about whether a drone is spying on you or not.

If you truly believe someone is spying on you with a drone, keep reading for advice on what to do next.

Steps to Take if You Think a Drone Is Spying on You

Here’s what to do if you think a drone is spying on you:

1. Don’t Attack the Pilot or the Drone

First things first—keep yourself safe and out of legal trouble.

If you feel comfortable and you think it’s safe to do so, you may approach the drone pilot (if you can find their location) and ask them what they’re doing.

But by no means should you attack the pilot or try to damage their drone. Doing either could put you in a world of legal trouble, even if you’re ultimately right about them spying on you.

2. Document the Incident

Start by collecting evidence to prove what’s happening.

Take notes on the date, time, and specific behavior of the drone.
Capture photos or videos of the drone if possible, noting any identifiable features like registration numbers.
If this is a repeat incident, consider installing security cameras to get proof of the illegal flying that’s happening.

3. Report the Incident(s) to the Authorities

Contact local law enforcement to report the suspected spying to the police. Provide them with your documentation and any evidence collected.
Notify the FAA, which oversees the national airspace. The FAA can track down the drone operator and enforce regulations. Here’s a page on the FAA’s website with more information on how to report illegal flying.

4. Take Legal Action

If you have substantial evidence that the drone is used for spying, consider consulting a lawyer to explore your options for legal action.

This might include filing a lawsuit against the drone operator for invasion of privacy.

How to Take Down a Drone Legally

First, you can’t legally take a drone down. As we’ve noted above, a drone is considered an aircraft in the eyes of the law, and it’s against federal law to take down any aircraft.

The most straightforward and legally safe method for getting a drone to stop flying over your property—if you think the drone is flying illegally, by either spying or flying in a reckless manner—is to contact local law enforcement.

Explain the situation, especially if you believe the drone is violating privacy or posing a threat. Law enforcement can help identify the drone operator and address any legal violations.

If you do this, don’t forget to have documentation to share with them to back up your side of the story, as we covered above.

Anti-Drone Tactics

There are other technologies out there that can take down drones, like drone guns (also called drone jammers), which can be used to safely disable a drone.

Here are the main options:

Drone jammers. Drone jammers jam up a drone’s communication system, making it so they can’t fly. However, using them is generally illegal since they can interfere with other radio communications (and because taking down a drone is—once again—illegal).
Nets. The Drone Catcher, which was developed by researchers at Michigan Tech University, uses netting to entangle drones mid-air and safely bring them down.
Trained eagles. Yes, this sounds far-fetched, but Dutch authorities were at one point training eagles to take down drones.

Credit: OpenWorks Engineering

Real-Life Stories of People Shooting Down Drones

Here are some real-life stories that made the news concerning people shooting at drones, and what happened after.

These stories highlight the tension between privacy concerns and the legal protections afforded to drones as aircraft. And some of them illustrate the serious legal repercussions of shooting down drones, which include criminal charges, fines, and imprisonment.

2014—Homeowner Shoots Down Neighbor’s Drone in New Jersey

In 2014, a New Jersey resident, Russell Percenti, shot down a neighbor’s drone flying over his property.

The drone, owned by a teenager who lived next door, was capturing footage of a nearby home under construction. Percenti used a shotgun to bring down the drone and was subsequently arrested. He faced charges of criminal mischief and possession of a weapon for an unlawful purpose.

In the end, Percenti received a probation sentence.

2015—Recreational Pilot’s Drone Shot Down by Man Claiming Invasion of Privacy

In 2015, a drone flying over a lake in Norfolk, Arkansas, was shot down by a local resident.

The drone’s owner reported the incident to the police, stating that the drone was being used for recreational purposes when it was targeted. The shooter, however, claimed the drone was invading his privacy.

Local law enforcement investigated the incident, but no immediate arrests were reported.

2015—Man Shoots Drone, Claiming It Was Spying on His Daughter (It Wasn’t)

In rural Kentucky in 2015, William Merideth shot down his neighbor’s hexacopter as it was hovering over his property.

Merideth claimed the drone was spying on his daughter, while the drone’s owner insisted it was flying to capture images of a friend’s house. Merideth was arrested and charged with first-degree criminal mischief and wanton endangerment.

However, the charges were later dismissed by a judge who sided with Merideth’s privacy invasion claims, demonstrating the complex legal landscape surrounding drone privacy and property rights.

2016—Neighbor Shoots Man’s Drone Flying Over His Own Property

The drone that was shot down

In Modesto, California in 2016, a resident shot down a drone that was flying over his neighbor’s backyard.

The drone owner was using it for recreational purposes and reported the incident to the police. The shooter was charged with felony vandalism and taken to small claims court by the drone’s owner. The owner won, securing $850 from the shooter.

2021—Burke County Man’s Drone Shot Down

Burke County- thousands of dollars of damage after someone shoots down a drone. Fortunately no one was as hurt…but there are serious charges a person can face for targeting an unmanned aircraft. The story today on channel 9 eyewitness news at noon and 530. pic.twitter.com/oQG8JbbHZ9

— Dave Faherty (@FahertyWSOC9) July 5, 2022

In 2021, a drone owned by a Burke County, North Carolina resident was shot down while flying over a neighbor’s property.

The owner reported that the drone was being used to capture landscape footage when it was struck by gunfire. The shooter claimed the drone was invading their privacy. Law enforcement officers investigated the incident, and the shooter faced potential charges for property damage and discharging a firearm.