Shooting Down Drones Will Soon Be Legal
Oct 9, 2018 14:33:50 #
jerryc41 wrote:
Although it is currently illegal for private citizens to shoot down drones, a law working its way through Congress will allow the government (local, national?) to shoot down drones that it considers a "threat." What constitutes a threat is open to discussion, however.
A collision between a drone and the wing of a plane could have disastrous results, as shown by a University of Dayton video.
A collision between a drone and the wing of a plane could have disastrous results, as shown by a University of Dayton video.
Legal or not, if I found a drone spying on me or anybody else on my property, it will come down!
Oct 9, 2018 16:08:42 #
Rich1939 wrote:
Not wanting to be picky but I guess this is: Not buckshot, birdshot
I was thinking that myself. Skeet shot is very small (#9) and, even from magnum full choke (skeet is usually shot with an open choke) would be very slow over 150-200 yards. At 300 yards, penetration would be very rare. We once took a call for a few at a golf course adjacent to a gun club with trap and skeet fields. The shot was an accidental discharge about 200 Yaris away. Three shot penetrated the victims bare thigh to a depth of about 2-3 mm. Transportation to a local hospital took less than five minutes and treatment took about 15 minutes. The police investigation took more than four hours!
Oct 9, 2018 16:27:41 #
Paladin48 wrote:
Au Contraire ... He is trespassing. You have the right to protect yourself, Loved ones and property from any perceived threat.
There is no 'Au contraire' here. A guy walks to your door is automatically trespassing and threatening? Since who? Some lunatic holding a gun?
I wonder how many 'religious' folks will be killed under this reasoning. Even the postman is not off limit according to this simplistic understanding of the law. Good-bye brown/white truck delivery since you are at it.
Oct 9, 2018 16:35:31 #
Rongnongno wrote:
... If the guy is smart you will end up in jail for shooting his toy and threatening him with a gun.
Prison, actually. Threatening, without justification, a person with a firearm is a felony.
Oct 9, 2018 16:46:55 #
Paladin48 wrote:
... He is trespassing. You have the right to protect yourself, Loved ones and property from any perceived threat.
Trespassing, in itself, does not constitute a threat. Thus, if you shoot a trespasser who does not act in a manner that a reasonable person would find threatening, you have committed murder (or, at the very least, manslaughter).
In most states, for deadly force to be justified, the person has to have the ability to seriously hurt you (example: a man with a baseball bat a quarter of a mile away does not have the ability), has to have the intent to seriously hurt you, and you have to be in jeopardy of being seriously hurt. This is, of course, a gross simplification. For accurate information, consult somebody who is competent in deadly-force matters. (The you in the first sentence applies to you yourself and any innocent third party.)
In most states (Texas being one exception), you are not permitted to use deadly force to protect property.
Thus, Paladin48 does not give valid advice in this matter.
Oct 10, 2018 06:12:09 #
ole sarg wrote:
Some wierdo with a drone with a camera kept hovering over my grandaughter when she was sun bathing in the back yard. I took out my 20 gauge and got it with the second round. This guy came to the house and as I slowly chambered a round and said you are on my property. He turned and left!
Oct 10, 2018 06:38:06 #
Paladin48 wrote:
Au Contraire ... He is trespassing. You have the right to protect yourself, Loved ones and property from any perceived threat.
Not true! One cannot legally use or attempt to use deadly force to prevent or terminate a trespass! If arrested you would have to convince a jury that you feared for your life, not an easy thing to do if someone just trespasses on your property.
Oct 10, 2018 07:11:15 #
AZNikon wrote:
A "threat" is a drone flying over my backyard while my wife is sunbathing in the nude. Bang! Bang!
If you do that, you may be charged with destruction of private property or discharging a firearm within city limits or both, AND can be liable for damaging physical property (the drone). You could be charged with reckless homicide or personal bodily harm, if stray bullets kill or injure someone.
Of course, the drone owner can be charged as a peeping Tom, and shamed on the evening news! And you’ll probably feel better, knowing you defended your wife’s honor, at least until the neighbors learn she sunbathes nude.
Hopefully, we get some clarity and direction from this new law.
Oct 10, 2018 07:39:44 #
Oct 10, 2018 07:44:33 #
ole sarg wrote:
Some wierdo with a drone with a camera kept hovering over my grandaughter when she was sun bathing in the back yard. I took out my 20 gauge and got it with the second round. This guy came to the house and as I slowly chambered a round and said you are on my property. He turned and left!
Morally, I'm 100% in agreement with Ole Sarg especially if the drone was over the granddaughter's property's airspace but nothing's ever black and white. If Sarg's granddaughter were sun bathing in view of the street, wouldn't it be perfectly legal to take a picture of her from the street? I'm talking strictly legal, here. How about if she was visible from the next door neighbor's yard and the neighbor took a picture from his/her property? How about if the neighbor was cleaning their gutters and could see her from their roof? What's the difference between that and a drone hovering over the neighbor's house and can "look" into the granddaughter's yard. I'm sure there's an "expectation of privacy" when sun bathing on one's property but I wonder how far that goes? I also notice Jerry's article indicates the legislation would make it legal for local authorities to shoot down a drone considered a threat. Now, I have no idea if this would also apply to private citizens and there's still the issue that the term, "threat" is so vague as to be meaningless unless defined.
Oct 10, 2018 07:46:16 #
Paladin48 wrote:
Au Contraire ... He is trespassing. You have the right to protect yourself, Loved ones and property from any perceived threat.
I don't know if an unarmed person would be considered a perceived threat by someone who has a weapon at the ready. Lately perception and presumed innocence no longer have any standing.
Oct 10, 2018 07:49:34 #
CHG_CANON wrote:
There's probably a local ordinance against the discharge of firearms in a residential neighborhood ....
All of NYC, no additional comments, I find they annoy people, VBG.
Oct 10, 2018 07:52:09 #
traderjohn wrote:
I don't know if an unarmed person would be considered a perceived threat by someone who has a weapon at the ready. Lately perception and presumed innocence no longer have any standing.
Think 300 pound baddie and a 100 pound girl...
Oct 10, 2018 08:24:10 #
Oct 10, 2018 08:25:22 #
I think some serious court cases will decide this issue in the years following legislative rulings.
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