Is It Legal to Shoot Down a Drone in Delaware? Understanding Drone Laws
With the increasing presence of drones, many Delaware residents are wondering about the legality of shooting down a drone flying over their property. This article clarifies Delaware state and federal laws regarding drones, potential penalties, and responsible actions to take if you observe a drone.
The Legality of Shooting Down a Drone
It is crucial to understand that shooting at a drone is a violation of federal law. The airspace above your property is considered public property, meaning that property ownership does not extend to the airspace above. Taking matters into your own hands, especially with a weapon, can lead to serious legal consequences.
Consequences of Shooting Down a Drone
Destroying or damaging a drone, or any aircraft, can result in significant fines and even imprisonment. The potential prison sentence can be up to 20 years. It's important to be aware of these serious penalties before considering such actions. Always remember that violating the law comes with very serious ramifications.
Where Drones are Permitted and Prohibited Under Federal Law
Drones are generally permitted to fly if they are registered with the Federal Aviation Administration (FAA) and operate below 400 feet in altitude. However, there are restrictions on where drones can be flown.
- Drones are not permitted over stadiums during scheduled events.
- They are prohibited near airports.
- Flying drones is restricted in hazardous conditions and around emergency response areas.
- Drones are not allowed within a 15-mile radius of Washington, D.C.
Delaware State Law Regarding Drone Flight
Delaware has specific laws regarding drone operation. An "unmanned aircraft system" is prohibited from flying over sporting events or events with more than 1,500 people in attendance. Additionally, drones cannot operate over "critical infrastructure," including chemical plants, rail yards, ports, and government buildings.
Furthermore, a drone cannot fly over private property while subjecting a specific person to surveillance without written permission from the property owner. Drones are also prohibited from flying over scenes where first responders are active. If you believe you've witnessed a violation, contacting law enforcement is advised.
Penalties for Illegal Drone Flight in Delaware
Violating Delaware drone laws can result in penalties. A first-time violation is considered an unclassified misdemeanor, while a subsequent violation is classified as a Class B misdemeanor. If a drone violation leads to personal injury, it is considered a Class A misdemeanor.
Responsible Actions When Observing a Drone
Instead of resorting to illegal actions, New Castle County police encourage individuals who observe large drones to capture video evidence and report their sightings to local law enforcement for investigation. Contacting the authorities is the most responsible course of action when you suspect illegal drone activity.
Delaware State Police also utilize drones for search and rescue operations during natural disasters or in areas that are difficult to access by car. Wilmington police also make use of drones. Drones are also used by law enforcement, higher education, or commercial purposes with proper FAA authorization could be exempt from state rules.
