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Police Not Issuing Charges For Handgun-Firing Drone -- Feds Undecided

Mr.Intel sends a followup to last week's news of an 18-year-old man getting a lot of attention for posting a video of a handgun being fired from a drone. Despite calls to arrest the man, police say they can't find any reason to charge him. "It appears to be a case of technology surpassing current legislation," they said. Todd Lawrie, the chief of police where it happened, said, "We are attempting to determine if any laws have been violated at this point. It would seem to the average person, there should be something prohibiting a person from attaching a weapon to a drone. At this point, we can't find anything that's been violated. The legislature in Connecticut (recently) addressed a number of questions with drones, mostly around how law enforcement was going to use drones. It is a gray area, and it's caught the legislature flatfooted." The FAA and other federal agencies are still investigating and trying to figure out if any criminal statutes were violated.

21 of 312 comments (clear)

  1. Investigating if laws were broken by IndustrialComplex · · Score: 5, Insightful

    It bothers me when I hear of regulatory organizations "investigating" to determine if a law has been broken. If the agency directly responsible for the enforcement of a law cannot immediately decide if an action is illegal how can anyone reasonably expect a regular citizen to know if they are breaking the law?

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    1. Re:Investigating if laws were broken by Errol+backfiring · · Score: 5, Insightful

      Except for the police, it seems...

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    2. Re:Investigating if laws were broken by JeffSh · · Score: 4, Insightful

      regular citizens can never know if they're breaking the law, there are so many of them after all, but therein lies an interesting thing. the law is rarely applied based on who is breaking the law, but rather who the person is.

      anyone can be singled out and have their life turned upside down by law enforcement, it's all a matter of application. application of the law occurs on people who already have their feet wet and lower socio economic classes.

      keep your nose clean and you won't run afoul of the law. I'd say that especially goes for "do no harm to anyone else" areas, that's how you first get in trouble, is if you assault or cause a harm to someone else. that raises your profile initially and from then on the system is inadvertently designed to focus on you and drive you into the ground.

      most people get away with all kinds of minor crimes, so long as they don't actually physically or monetarily harm someone else (or be black) you won't get dragged into the undertow of the criminal justice system.

    3. Re:Investigating if laws were broken by thegarbz · · Score: 3, Insightful

      Well this is exactly what happens when the technology or social norms surpass existing laws. If the laws were so clear cut at all times we wouldn't need someone to bring the case to court, and we wouldn't need judges to decide how the law applies, and we wouldn't need a legislator to update the laws.

      If any legal system stays stable long enough eventually you will run into this scenario. The regular citizen can't be expected to know until either a ruling has been made or a new law is passed. This is situation normal.

    4. Re: Investigating if laws were broken by O('_')O_Bush · · Score: 5, Insightful

      He isn't talking about ignorance of the law, he is talking about law enforcement having to stretch a law so ambiguous and I'll defined that law enforcement can't figure out of it applies. Since LEOs aren't judges or legislature, it really isn't supposed to be within their power to make that determination.

      To me, the most perverse thing is that the kid did nothing morally wrong or hurt anyone, but LEO is trying to find a way to punish him for scaring some chickenshits? That, to me, is just disgusting.

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    5. Re:Investigating if laws were broken by Shakrai · · Score: 5, Insightful

      This is a legal principle that literally goes back to Greek antiquity.

      In Common Law jurisdictions we have another principle that goes back for 800+ years: mens rea. Meaning that you have to have a guilty mind (i.e., intent) to have broken the law. Unfortunately this principle is being steadily eroded in favor of "strict liability" laws that require no intent, thus criminalizing more behavior and further expanding the power of the State.

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    6. Re:Investigating if laws were broken by Anonymous Coward · · Score: 1, Insightful

      Bullshit! It used to be that there had to be an element of mens rea - criminal intent. There also used to have to be a victim. When the "law" is hundreds of thousands of pages then everyone is ignorant of the law.

    7. Re:Investigating if laws were broken by sjames · · Score: 2, Insightful

      The world is flat. This is a scientific principle that pre-dates the Greek.

      When literally nobody knows the entirety of the law anymore (because there's too much of it for that) INCLUDING the legislature and SCOTUS (they have to look it up all the time), then ignorance of the law really IS an excuse even if it isn't accepted as one.

      The elephant in the courtroom is that pretty much everyone has no choice but to do what seems right and hope for the best.

    8. Re:Investigating if laws were broken by tompaulco · · Score: 3, Insightful

      regular citizens can never know if they're breaking the law, there are so many of them after all, but therein lies an interesting thing. the law is rarely applied based on who is breaking the law, but rather who the person is.

      anyone can be singled out and have their life turned upside down by law enforcement, it's all a matter of application. application of the law occurs on people who already have their feet wet and lower socio economic classes.

      keep your nose clean and you won't run afoul of the law. I'd say that especially goes for "do no harm to anyone else" areas, that's how you first get in trouble, is if you assault or cause a harm to someone else. that raises your profile initially and from then on the system is inadvertently designed to focus on you and drive you into the ground.

      most people get away with all kinds of minor crimes, so long as they don't actually physically or monetarily harm someone else (or be black) you won't get dragged into the undertow of the criminal justice system.

      That holds true for most people, but sometimes you are dragged into something you don't want to. For example, if you are minding your own business running a convenience store and some guys come in with guns demanding money, and out of fear for your life, you shoot first and kill one of them. Now you have to spend the rest of your life in jail for something that you never premeditated or wanted to have happen.

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  2. this is outrageous. by nimbius · · Score: 4, Insightful

    We are attempting to determine if any laws have been violated at this point.

    As an american citizen I'm appalled by this statement. This is the land of japanese internment camps and the red scare. We once legally declared a person was 3/5ths a man based on their skin color. Heck, we have a secret prison in another country just to indefinitely punish people for anything we want at all, just because we declared they were an 'enemy combatant.' On a state by state basis we have a dazzling array of local regulations that prohibit everything from dancing to wandering the street with an icecream cone in your pocket. Clearly these officers arent trying hard enough.

    Just remember: if you cant find anything to charge them with and they havent broken any laws, chances are good you can just kill them for disagreeing with you and still not be indicted for anything.

    --
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  3. Existing Law by xdor · · Score: 4, Insightful

    He hasn't committed a crime.

    1. Apparently he wasn't trespassing.
    2. Apparently the gun is legal
    3. He was flying an R/C plane (below obstacles from what one can tell on the video)

    If he shoots people or trespasses there's existing law. Flying a hobby project on private land with a gun or a container of fireworks may be ill-advised -- but you don't need to make another law because you feel threatened by the brave/stupid things people choose to do with their life and property.

    1. Re:Existing Law by SuiteSisterMary · · Score: 3, Insightful

      A lethal weapon whose range can very likely reach far beyond the bounds of the private property. Thus, yes, I should feel threatened because all it takes is a few more feet of altitude, or not paying attention to bearing, or any of a dozen other minor lapses and suddenly I have bullets flying towards me.

      By that logic, every time you drive, every human being around you should feel threatened, and you should be charged with something, because all it takes is a few more feet of drift, or not paying attention to bearing, or any of a dozen other minor lapses and suddenly they have a car bearing down on them.

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  4. Why dont they do what they ususally do? by Lumpy · · Score: 3, Insightful

    and just make something up to arrest him for? Cops are good at that. Disorderly conduct is vague enough to stick.

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  5. Backwards legal system by awkScooby · · Score: 4, Insightful

    When did we switch from, "who did this [obvious] crime?" to "let's figure out what crimes X committed?" The feds know what this guy did. Either it's a crime, or it's not. If it requires a massive amount of digging (by subject matter experts) to try to find some law to charge the guy with, it's not justice. I suspect any one of us could be found guilty of multiple felonies if a team of lawyers were tasked with charging us with something. Having said that, this guy's an idiot for having his name associated with a video containing two hot button issues combined together.

  6. Criminal intent? by sinij · · Score: 3, Insightful

    >>>We are attempting to determine if any laws have been violated at this point

    What happens to first determining if there was any criminal intent or adverse consequences?

    ... and this is why you should never talk to police. They might just determine that you have been violating something while talking with you.

  7. Re: They're not going to arrest him! by Erioll · · Score: 4, Insightful

    Only the 2nd should be illegal. There is an increasing trend (decades I mean, if not longer) to criminalize what "might" occur, rather than just criminalizing actual harm. Here's a summary of what I "think" should be the laws: Shooting somebody - illegal Just carrying a gun, openly or not - not illegal. Recklessly shooting into the woods - maybe The last one's the hard part, but it slips so easily into "pre-crime" that it gets weird, and makes people afraid to do anything that "might" end up being a crime, though nobody was hurt. Thus this issue: Putting a gun on a drone - legal Shooting somebody with a gun on a drone - DEFINITELY ILLEGAL All IMO.

  8. Re: They're not going to arrest him! by Anonymous Coward · · Score: 2, Insightful

    So threatening you with a gun is ok? As long as I don't actually shoot you? Now substitute a drone.
    No officer I wasn't shooting anyone, or even threatening them, I was just flying around my armed killer robot.

  9. Re: They're not going to arrest him! by Immerman · · Score: 3, Insightful

    If we made "recklessly shooting into the woods" illegal, hunting enthusiasts and the NRA would be up in arms.

    Besides which, there's no evidence such a thing happened with the drone - all we can tell from the video is that the drone was firing a pistol in the woods. It could perfectly well have been firing into the side of dirt hill that was off-camera. Maybe even someone's safely designed target shooting range.

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  10. Re: They're not going to arrest him! by shaitand · · Score: 4, Insightful

    Threatening to hurt someone is illegal, threatening to hurt them with any kind of weapon is a bigger charge regardless of the weapon.

    Simply having a weapon in someone's presence isn't illegal even if they feel threatened. It isn't your fault is someone is overly sensitized to guns or simply timid.

    In the case of a threat it makes sense for the charge to escalate because the level of threat is escalated by a weapon. For everything else where there is a more substantial charge because a gun was involved it's ridiculous. If I actually hurt you it's how bad I hurt you that counts which automatically accounts for a gun. If I robbed you what difference does it make what I use? You suffered the same injury.

  11. Who cares? by Karmashock · · Score: 1, Insightful

    If I tapped a shotgun to the front of a car, would that make the car a tank? No?

    Okay, so why does attaching a hand gun to a remote controlled helicopter make it an armed "drone".

    These things aren't even drones. Are they autonomous? Nope. Do they have any kind of artificial intelligence? Only to assist with hovering and gyroscopic stabilization... I wouldn't call that AI.

    So first off, it isn't a drone. And second off... people could have glued a gun to remote controlled anything ages ago. Why is this suddenly a problem?

    Who cares.

    Here is where I will care... when the flying thing is ACTUALLY a drone. Aka it is autonomous. If the thing can fly around and play "the most dangerous game" then that's another story. Dude wires a hand gun into a remote controlled helicopter? I give zero shits. People get so worked up about stuff that is less dangerous than other stuff.

    Like look at all the people worried about guns but for no apparent reason everyone has forgotten that it is really easy to either make or buy high explosives. Which means you can make giant frag grenades.

    And if the remote controlled helicopter thing is just the scariest thing you can imagine... then imagine one of these things dropping a five pound frag bomb on your face.

    This is one of the reasons I'm not afraid of the terrorists. The horror and darkness of my own demons makes the stuff the terrorists come up with sound cute by comparison. I mean, just stop and access your own darkness for a moment and think of the worst thing you could actually build if you were a terrorist and then compare it to the stuff the terrorists have already done. They highjacked four planes and got 3 thousand people dead... okay... that's something. Really pissed the US off so it has that going for it. But I can think of a few things off the top of my head that I could do multiple times that would kill that many and more especially in densely populated cities. Would I do it? I'm not actually a monster so of course not. But I can emulate such a creature. I'd never give the damned thing agency. But the outright horrors I can dream up without even trying very hard implies that the current crop of terrorists are in fact terrible at their jobs.

    Remember that guy that was randomly shooting someone every couple days. It went on for weeks? THAT was smarter than a lot of the terrorist stuff. Doesn't kill a lot of people but it creates HUGE panic. But if you want to just get a body count... restaurants. Many have hundreds of people in them at a time. They're totally undefended. You could flatten the whole building. What is anyone going to do to stop you.

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  12. Re: They're not going to arrest him! by shaitand · · Score: 1, Insightful

    As someone else pointed out, look at the stats. Cars cause far far more accidents and deaths than guns and they include self-defense and police shootings (which are the bulk). You are more likely to get struck by lightning than shot by a gun.

    Are you terrified and suggesting it should be a crime when someone is sitting behind the wheel of a parked car with the engine turned off and you are in the path? Well, you are in far more danger there.

    The side effect of the governments successful disarmament of the people is that all our civilian firing mechanisms are essentially technology from the 1800's, and for the most part we found the safest and most reliable variations on them 50-100 years ago. A standard wall outlet, most power tools, climbing in your attic or on your roof are all things that are more dangerous to you than a gun in the hands of anyone who isn't deliberately trying to shoot you.

    The gun can't actually go off if it isn't cocked with tension behind the firing pin and a bullet in the chamber. Check that, treat it like it's loaded anyway. Assume it's going to shoot anything in the general direction you point it at anyway. Don't keep your finger on the trigger. The bullet comes out the hole at the end. There shouldn't be anything in that hole. The bullets are the boomy part and dramatically less likely to go off spontaneously than firecrackers but should be treated with the same caution if they failed to go off.

    There you go, you and everyone who reads that paragraph now has all the gun training they need to be beyond perfectly safe holding a gun. Pretty much all of it any idiot would guess just looking at one and knowing it's purpose. When you hear people calling a guy waving a gun around a moron they mean moron not ignorant. 99% of those morons are actually people who understood once they checked for a clear chamber the gun was safe. That part is partly just to shame you in to being aware at all times and to prepare you for how much people over-react at the sight of a gun.

    To learn that much and the rest you need be perfectly safe SHOOTING a gun takes about 20 minutes and one clip of ammo. A couple clips and someone who knows how to shoot and you'll actually be a decent shot.