Felon Nets Surface-to-Air Drone Kill With .22 

What may be the first time charges have been filed in such circumstances, the Lake County Sheriff's office has brought federal prosecution for an unmanned system shoot-down.

The accused was able to bring down their small drone with 2 well-placed shots of .22 long rifle, for which he now faces federal charges for interference with the operation of an aircraft. 

In July 2021, law enforcement responded to a burglary call at a 10 acre business property in Mount Dora, Florida. In order to surveil the property and find the culprit faster, they deployed their drone to begin searching the expanse, only to see it quickly drop to the ground and catch fire. The man, inside a nearby building, believed the drone had arrived to harass him and fired 2 rounds from his .22 rifle, immediately downing the small aircraft. Deputies approached him where he readily admitted to the act, believing he had done nothing unlawful as the recipient of drone "harassment". Unfortunately, the 29-time felon's opinion was in error, as well as his possession of a firearm, quickly landing him into the deputy's care. 

The accused now faces a rare charge, and in some ways, a landmark crime: Being charged for his anti-drone actions under the same statute as a full-size, manned aircraft. Aviation attorney and former FAA counsel Loretta Alkalay opined that the shootdown would be fully prosecutable under 18 U.S. code § 32, saying that the law prohibits interfering with anyone “engaged in the authorized operation of such aircraft“ and carries a penalty of up to 20 years in prison.

Since drones are considered aircraft, threatening a drone or a drone operator, according to Ms. Alkalay, would also be a federal crime subject to five years in prison under this same statute.

The case is interesting to operators and pilots, for now, in this early phase of unmanned systems. With legal codes built around people and everyday vehicles, there have been many conflicts and disagreements over the wide-ranging privacy implications on drone usage. At what point can someone interfere with operations on their own land? Should downing a drone levy the same penalties as downing manned aircraft? As use increases, and incidents become more widespread, questions like these will only become more common. 

FMI: https://www.lcso.org