Couple things, the law assumes acting in good faith. Someone violating others personal privacy and property rights are not acting in good faith…so we think that is a prequisit…next the intention of law is in terms of ‘navigatible’ and in that sense it most likely similar to public water in which it’s for safe passage (as in passing through) not peeping or agitating your neighbors or people you don’t know…there is also a line of sight aspect to the operator…either way if someone is creeping on you take advice from the POTUS…he finished top of his class…. "I said, 'Jill, if there's ever a problem, just walk out on the balcony here, walk out and put that double-barrel shotgun and fire two blasts outside the house,'" Biden said.…..so there you go you basically have executive order or plausible deniability in the least.
Who has a Drone? Why?
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While I personally think it’s an overreach, it’s critical to note the FAA makes no distinction between say, a commercial airliner versus an unmanned aircraft.
US Federal Code Title 18, Part 1, Chapter 2, Section 32
www.law.cornell.edu
…shall be fined under this title or imprisoned not more than twenty years or both.
And I think there’s even an FCC statute from 1934 pertaining to jamming frequencies.
US Federal Code Title 18, Part 1, Chapter 2, Section 32
18 U.S. Code § 32 - Destruction of aircraft or aircraft facilities
…shall be fined under this title or imprisoned not more than twenty years or both.
And I think there’s even an FCC statute from 1934 pertaining to jamming frequencies.
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exactly what would happen here if there was one flying on my property (but wouldn’t need to waste that second round
)GreensvilleJay
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re: And I think there’s even an FCC statute from 1934 pertaining to jamming frequencies.
yes ,however you can build your own ,low power transmitters on various 'open' frequencies...WIFI,Zigbee, and others use them.
Silly feds up here banned 'radar detectors' that were popular in the 70s-80s. As written..it is illegal for me to own and transport the 'transponder' and 'DME' boxes for a plane.....whether powered up or not.
yes ,however you can build your own ,low power transmitters on various 'open' frequencies...WIFI,Zigbee, and others use them.
Silly feds up here banned 'radar detectors' that were popular in the 70s-80s. As written..it is illegal for me to own and transport the 'transponder' and 'DME' boxes for a plane.....whether powered up or not.
What do you use for airliners, helicopters and single engine planes?exactly what would happen here if there was one flying on my property (but wouldn’t need to waste that second round
i believe we are talking about people flying drones around other peoples houses
If you are fine with that on your property then so be it, I won’t have anything to do with it on mine though (but I also don’t believe I have to really worry about it where I live)I believe that it has already been discussed that we don't own the air space, I may not agree with that but there are serious penalty's for firing at aircraft of any sort. Yes, I have a drone but use it very little since it takes so much time to charge, plan and get ready to fly.i believe we are talking about people flying drones around other peoples houses
Passing through (navigating) is one thing pointing something at me is something entirely different.
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Round here, most people would leave nothing but a mess of plastic pieces on the ground.
Kind of doubt the District Attorney would prosecute shooting one down outside their window.
Drone owner might have some questions to answer too…..
On my sovereign property, DA
. Passing(flying over) by (navigating) is same as public waterways and roads or right of ways…ok to pass by but stopping, creeping or coming on in is by invitation only. Rights to pass do not offer privilege to forfeit my privacy safety or personal property…all of which would be strongly discouraged.
To maintain Line of sight to fly such a thing, you would have to be trespassing on my sovereign soil…I skip the DA and consult the SOW. I would not recommend you cross those angel eyes.
. Passing(flying over) by (navigating) is same as public waterways and roads or right of ways…ok to pass by but stopping, creeping or coming on in is by invitation only. Rights to pass do not offer privilege to forfeit my privacy safety or personal property…all of which would be strongly discouraged.Attachments
Uh, no, according to Wikipedia (so it's fact):
"In 1968, Biden earned a Juris Doctor from Syracuse University College of Law, ranked 76th in his class of 85, after failing a course due to an acknowledged "mistake" when he plagiarized a law review article for a paper he wrote in his first year at law school. He was admitted to the Delaware bar in 1969."
Jay makes some good points.
In Canada, ownership of the airspace above your property extends only to where you can reasonably use it, so maybe a high dive into your pool?
You can't legally shoot down a drone but if you don't use gunpowder I'm sure the court would look with disdain upon the hapless nitwit who flew over your yard.
Except for newer FrSky radios, none are encrypted, so the communication between radio and drone can be intercepted and control can be taken over with a hacker radio. (I don't know how to go about this but it has been done).
In Canada, ownership of the airspace above your property extends only to where you can reasonably use it, so maybe a high dive into your pool?
You can't legally shoot down a drone but if you don't use gunpowder I'm sure the court would look with disdain upon the hapless nitwit who flew over your yard.
Except for newer FrSky radios, none are encrypted, so the communication between radio and drone can be intercepted and control can be taken over with a hacker radio. (I don't know how to go about this but it has been done).
I am sorry…I should have put it in quotes (quotes to infer as not true as if fact check)…I believed that is one of his (many) Walter Mitty moments as well. I only meant in jest that he said it…which he did say it…but as you noted it was not true.
….I believe the tale / quote was top half of his class…either way it was meant as snark.
I could care less about legality if someone is flying a drone at window level around my house where my wife and kids are. It will go down. Find me a juror or a judge that would allow a drone flying around their windows at their house.
this is what we are talking about from lugbolts post, most people probably wouldn’t notice one flying over their house. They would notice one outside the window though. I’m not sitting out in my yard with a shotgun waiting for drones to fly over my property to shoot them down, I got nothing to hide.
edit: this is in my situation and I’m not putting others at risk (unless they are trespassing) by doing this, probably doesn’t apply to those where it’s a more common occurrence. But it’s really not much of a concern for me where I live.
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I bought a DJI Mavic Pro years ago for the sole purpose of checking fences and cows. Yes, I've taken pictures of the property and house, but that's about it.
We have almost 600 acres, probably 30-40% wooded, so it comes in handy to track down cows (and calves) off in the brush instead of spending time riding around on the UTV and still not seeing them.
At the time, I think the drone was around $600. I know there are newer models, which are more expensive.
We have almost 600 acres, probably 30-40% wooded, so it comes in handy to track down cows (and calves) off in the brush instead of spending time riding around on the UTV and still not seeing them.
At the time, I think the drone was around $600. I know there are newer models, which are more expensive.
Well I did get the drone and fly it around. As of today I have not peered into someone's windows--but I'm still learning how not to run into trees
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It is actually fun to fly. You get a whole new perspective on your surroundings. I will caution you that the chickens do not like it. When I was landing they bolted back into the coop.
.It is actually fun to fly. You get a whole new perspective on your surroundings. I will caution you that the chickens do not like it. When I was landing they bolted back into the coop.
I just have a quad-copter for play. I used it to scare off the Canadian geese. It worked a few times, but now it just annoys them, but not enough to make them leave
If you think that is expensive, you should see what it costs to get into Model RC flying!!! I have a couple engines that cost twice that much. I easily have a couple $10K invested in RC parts and planes. Drones are cheap, easy to fly, heck some fly themselves and WHY the FAA came down hard, but lumped RC Scale flyers into the mix, which I am Still pissed about.
If you do get one, Please fly responsibly and follow the AMA Guidelines.
Yes. It is illegal to fly or hover a drone over someones property. By Law the airspace is owned up to 500' by the property owner and it is trespassing to fly or hover in that airspace ( SCOTUS U. S. v. Causby ). Many municipalities discovered that the hard way by being sued by land owners when they used a spy drone to check on broken ordinances.
Permission is required to conduct such practices. It is illegal to shoot one down using a firearm, but then again a Nerf Gel Fire can be fun to try. All manufactured drones have serial numbers that can be used to track down who it is sold to, so when you knock it down, you find the manufacturer and can trace the serial number. If the owner of the drone shows up to get it, you can have them arrested for trespassing. If they don't there is still a way to track them down.
Anything above 500' is FAA controlled and a plane flying over your property is legal, as long as they are over that 500' limit. Since the FAA regulates Drone flight to 400' maximum, this makes it trespassing.
There are some exceptions to the rule for drones. FAA licensed delivery drones can be exempted.
There are several cases where people tried flying over property and were sued and lost, One was about the police using a drone to check on a backyard to see if the owner was doing something against a zoning ordinance, which they were, but because the drone was sent over the persons property without a search warrant, it was deemed an illegal search, as well as trespassing, and they were ordered to pay the landowner a settlement and all the evidence regarding the ordinance thrown out as well as all the fines associated.
Another one was a paraglider taking pictures of property and publishing them. The landowner sued for damages based on the trespassing in the airspace because the paraglider was under 500'.
Unfortunately the 500’ rule doesn’t seem to apply to aircraft weighing less than 55 lbs.