STOCK MARKET WATCH -- Monday, 27 July 2015

[Demeter]

2. Is It OK to Shoot Down Your Neighbor's Drone?

3 GUESSES...FIRST 3 DON'T COUNT!

http://gizmodo.com/is-it-ok-to-shoot-down-your-neighbors-drone-1718055028

Before you decide to shoot that drone out of your backyard, there are a few important things you need to know. First of all, damaging any flying robot is a federal crime. It doesn’t matter if it’s crashing your pool party or watching you in your skivvies through the skylight in your master bath.

“In my ​legal opinion,” says Peter Sachs, a Connecticut attorney and publisher of Drone Law Journal, “it is never okay to shoot at a drone, shoot down a drone​,​ or otherwise damage, destroy​ or disable ​a drone, ​or attempt to ​do so. ​Doing so is a federal crime.​”

Here’s the thing. You might view a drone as many things: Creepy. Loud. Annoying. Scary. A sophisticated robot. A really cool toy. Target practice. But in the eyes of the law, a drone is a full-fledged aircraft, and deserves the same kind of respect. Here’s what federal law (18 USC § 32) has to say:

(a) Whoever willfully—

(1) sets fire to, damages, destroys, disables, or wrecks any aircraft in the special aircraft jurisdiction of the United States or any civil aircraft used, operated, or employed in interstate, overseas, or foreign air commerce;

...shall be fined under this title or imprisoned not more than twenty years or both.

What does that mean for you? If you attempt to gun down a flying robot, you could face those two decades in the slammer, and/or a fine of up to a quarter of a million dollars. So, legally speaking, shooting a drone could be the same as trying to damage a chopper or a 747. “Aircraft” is a pretty sweeping definition, it turns out, and it could work in drones’ favor.

“This applies even if a drone is hovering over your backyard,” says Sachs. “According to the FAA, it controls all airspace from the blades of the grass up. However, even if you did own X feet above your property, you would not be permitted to shoot a drone that flies within that space because shooting any aircraft is a federal crime.”

Under the Law, You Just Shot at an Airplane

Since when did a flying, remote-controlled robot become a legally binding “aircraft”? Not that long ago—only last November, as a matter of fact. In 2011, a photographer named Raphael Pirker shot a commercial at the University of Virginia with one of his drones. The FAA decided to fine him because he’d flown his hobbyist drone way too low, close to buildings, cars, and pedestrians. A legal battle ensued, and ultimately the National Transportation Safety Board ruled in November that drones are considered aircraft, and are subject to FAA regulations. Recently, people have continued to take literal aim at drones. Last September, a New Jersey man was arrested after shooting down a neighbor’s drone. Just last month, a viral video showed a firefighter spraying a drone with a firehose. Another man had to pay $850 after shooting down his neighbor’s UAV. FAA spokesperson Laura Brown told Gizmodo: “We do consider unmanned aircraft to be ‘aircraft,’ but the damage issue is more a destruction of personal property question that is outside our jurisdiction.” The Department of Justice didn’t respond for a comment for this story.

Unfortunately, you can’t bring drones down just because you think they’re a nuisance, even if they’re invading your privacy. There is, however, one plausible reason that could result in your whipping out a shotgun and felling the flying vehicle: Self-defense. ...if you ever found yourself in a situation where a drone is not only trespassing on your property, but is intentionally trying to harm you, then you can probably shoot it down. But this is only if the drone is swooping and trying to ram itself into you, or was outfitted with some (illegal) ammo of its own and started opening fire.

Since as early as 2013,... anti-drone citizens have pushed for laws that allow shooting the aerial devices.