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Kentucky's Shotgun 'Drone Slayer' Gets Sued Again (yahoo.com)
"Technology has surpassed the law..." argues a Kentucky man who fired a shotgun at a drone last year. An anonymous Slashdot reader reports:
The drone's owner has now filed for damages in Federal Court over the loss of his $1,800 drone, arguing that the shotgun blast was unjustified because his drone wasn't actually trespassing or invading anyone's privacy. The defendant -- who has dubbed himself 'the Drone Slayer' -- said the aerial vehicle was over his garden and his daughter, and the verdict could ultimately set a new precedent in U.S. law: who owns the air?
"Operators need to know where they can fly," argued the drone pilot's lawyer, "and owners must know when they can reasonably expect privacy and be free of prying eyes." He estimates a drone is shot from he skies about once a month, and "What happens typically is that law enforcement doesn't know what to do and civil suits are uncommon as most people don't want to get involved due to the costs."
The Drone Slayer was originally charged with felony counts of wanton endangerment and criminal mischief. But all of those charges were dismissed in October when a district judge ruled he "had a right to shoot at the aircraft."
"Operators need to know where they can fly," argued the drone pilot's lawyer, "and owners must know when they can reasonably expect privacy and be free of prying eyes." He estimates a drone is shot from he skies about once a month, and "What happens typically is that law enforcement doesn't know what to do and civil suits are uncommon as most people don't want to get involved due to the costs."
The Drone Slayer was originally charged with felony counts of wanton endangerment and criminal mischief. But all of those charges were dismissed in October when a district judge ruled he "had a right to shoot at the aircraft."
How about if the drone is vertically close enough to your private property that you CAN succesfully shoot it, then its too close and doing so is allowed. (Excluding sniper rifles)
I'm not sure how you can argue it was not invading privacy when it was downed with a shotgun. The maximum effective range is around 75 yards and you can pretty much shoot at people 300 yards away and pose no danger (do not do this obviously). If the wreckage was examined you could know roughly how close it was to the shotgun without resorting to any telemetry from the drone captured prior to it being downed.
While the law may be somewhat incomplete, you are an asshole if you fly a drone close people or their dwelling on their property. Get permission from the property owner first, it seems to be the ease of use of drones and the entitled attitudes some few people have ruined it for everyone and make new laws necessary.