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

TL;DR: No, you cannot legally shoot down a drone over your property in Texas. Federal law classifies drones as aircraft, and damaging or destroying an aircraft is a federal crime. Additionally, shooting at a drone can result in state charges such as reckless endangerment, property damage, and unlawful discharge of a firearm. Instead, consider legal alternatives like reporting the drone to 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.

Texas State Laws and Regulations

Criminal Charges

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

  1. Reckless Endangerment: Discharging a firearm in a populated area can pose a significant risk to others, leading to charges of reckless endangerment.
  2. Criminal Mischief: Destroying someone else’s property, including a drone, can result in criminal mischief charges².
  3. Unlawful Discharge of a Firearm: Depending on the circumstances and location, firing a gun may violate local ordinances or state laws regarding the unlawful discharge of a firearm³.

Privacy Concerns and Legal Alternatives

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

Texas Privacy Act

The Texas Privacy Act (Texas Government Code § 423) restricts the use of drones for capturing images or videos of private property without consent. If a drone is invading your privacy, you can report the incident to local law enforcement for potential violations of this law⁴.

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 Texas as it is considered an aircraft under federal law.
  • Shooting down a drone can result in federal and state charges, including reckless endangerment and unlawful 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 Texas Penal Code § 28.03
    ³ Texas Penal Code § 22.05
    ⁴ Texas Government Code § 423