Can You Shoot Down a Drone Over Your Property in Florida?

TL;DR: No, you cannot legally shoot down a drone over your property in Florida. Federal law classifies drones as aircraft, making it a federal crime to damage or destroy them. Additionally, state laws in Florida prohibit the reckless discharge of firearms and damaging another’s property. Instead of shooting down a drone, consider legal alternatives such as reporting the drone to local authorities if it is invading your privacy.

Federal Laws Governing Drones

Classification as Aircraft

Under federal law, drones (unmanned aerial vehicles) are classified as aircraft. The Federal Aviation Administration (FAA) regulates all aspects of civil aviation in the United States, including the operation of drones. According to 18 U.S. Code § 32, it is illegal to willfully damage or destroy an aircraft, including drones¹. Violating this law can result in severe penalties, including fines and imprisonment.

Florida State Laws and Regulations

Criminal Charges

In Florida, shooting down a drone can lead to several criminal charges:

  1. Criminal Mischief: Destroying or damaging someone else’s property, including a drone, can result in criminal mischief charges under Florida Statutes § 806.13².
  2. Reckless Discharge of a Firearm: Discharging a firearm recklessly or negligently in public or residential areas can lead to criminal charges under Florida Statutes § 790.15³.
  3. Endangerment: Shooting at a drone can pose a significant risk to others, leading to potential endangerment charges.

Privacy Concerns and Legal Alternatives

While shooting down a drone is not a legal option, Florida law provides other avenues to address privacy concerns:

Florida Privacy Laws

Florida’s privacy laws, such as Florida Statutes § 934.50, protect against the invasion of privacy through drone surveillance. If a drone is capturing images or videos of your private property without consent, you can report the incident to local law enforcement⁴.

Civil Remedies

If a drone is persistently invading your privacy or causing a nuisance, you may have grounds for a civil lawsuit. Consulting with an attorney can help you understand your legal options, which may include seeking an injunction to prevent the drone’s owner from flying it over your property.

Reporting to the FAA

The FAA encourages reporting unsafe or illegal drone operations. If a drone is flying dangerously or invading your privacy, you can file a complaint with the FAA, which may investigate and take action against the drone operator.

Key Takeaways

KEY TAKEAWAYS
  • No, you cannot legally shoot down a drone over your property in Florida as it is considered an aircraft under federal law.
  • Shooting down a drone can result in federal and state charges, including criminal mischief and reckless discharge of a firearm.
  • Instead of taking matters into your own hands, report privacy invasions to local law enforcement or the FAA.
  • Consult an attorney for potential civil remedies if a drone is persistently invading your privacy or causing a nuisance.

    • References

    ¹ 18 U.S. Code § 32
    ² Florida Statutes § 806.13
    ³ Florida Statutes § 790.15
    ⁴ Florida Statutes § 934.50