That Toy Is Now a Drone
fluxgate (2851685) writes "A notice from the FAA announced earlier this week just turned a bunch of kids' toys into drones. In the past, the FAA had made the distinction between model aircraft (allowed) and drones (prohibited without special permission) according to whether they were used for recreation (okay) or commercial purposes (verboten). Now they have further narrowed the definition of model aircraft: If you fly it through video goggles, it no longer qualifies. This move eliminates First Person View (FPV) radio control flying. I'm an editor at IEEE Spectrum with a special interest and blogged about this disturbing development as soon as I heard the news."
As an RC airplane enthusiast, who likes to dabble in FPV and UAVs, I must say that I'm not surprised. However my feelings are a mix of outrage at the FAA as well as understanding. When a few irresponsible people use their toys in ways that are, well irresponsible, I'm not at all surprised to see the FAA come down hard on everyone. I think in many ways this is a tragedy of the commons. A few idiots have actually ruined it for everyone. When a toy has the power to kill people, or to hurt them, and people do stupid things with them, then it ceases to be a toy. We are now seeing stories in the news almost weekly of stupid people flying their toys in reckless and dangerous ways.
That said, I don't see how the FAA's rules are enforceable, nor do I see how the FAA can actually claim to have the authority to make rules in an an area that, as far as I can tell, congress has never granted them the power to do.
If FAA truly has the power to regulate a hobby, then they need to have a framework in place to allow this activity to continue safely. It's happening everywhere in the world. Banning it in the US will only put companies behind the curve who want to develop and use the technology.
I'm not sure that the FAA has the authority to regulate the quadcopter in the first place, but the quadcopter-with-a-gun is certainly a weapon, so why wouldn't it be protected by the second amendment?
side note: To all those who say, "because that sounds super dangerous" the response is to draft a constitutional amendment to allow the government to regulate more things. Simply "interpreting" away the teeth of the second amendment merely encourages contempt of the constitution and all the other things protected by other clauses and amendments are sure to be abridged in the same manner.
Further side note: Perhaps it's me, but I've noticed over the past few years that while both congress and the people are interested in "regulating drones," both parties seem to have very different ideas about what will be regulated. Congress seems to want to regulate the use of drones by private individuals, but the clamor from the public seems to be about the use of drones by the state for surveillance or armed action. The whole thing is shaping up not unlike the calls for "immigration reform" where each party's ideas about what the reform should be are other parties' ideas about what needs to be fixed.
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The FAA has always had this rule.
To be a flying a 'model' you have to fly by line of sight, i.e. with your eyes on the model, not via electronics. Its been this way for years.
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In coding terms, the militia part is a comment, the right part is code. The militia part isn't part of the operative law of the constitution; never was. It clarifies intent, however.
But viewed in the context of the time, with a bunch of ordinary people with weaponry in their private possession (including military-grade stuff) just having used that to overthrow an oppressive government, it's quite clear the intent there was "a check on government overreach". Even through the 19th century, it was common for 1%ers to buy cannon, Gatling guns and other clearly military hardware, and bring it along to war, or donate it to the town for local defense. Due to some remarkably stupid procurement decisions by the US military, we would likely have been soundly defeated in the Spanish-American War had it not been for rich guys bringing along artillery they bought themselves (and Roosevelt basically inventing the modern "base of fire" infantry tactic with those Gatling guns.)
It's only been in the past century that we've had this notion that the right to keep and bear arms had secret limitations written in invisible ink.
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