Drones. They’re everywhere. You’re sitting in your backyard, enjoying a peaceful moment, when suddenly—there it is. Hovering. Watching. It feels like you’ve been dropped into a sci-fi movie, and your sense of privacy is immediately under attack. Naturally, your first instinct might be to grab a gun (or even a pellet gun) and shoot the thing down.

But can you?

The Quick Answer: No

Under federal law, drones are considered “aircraft”. Yes, you read that right. The tiny buzzing nuisance over your house has the same legal standing as a 747 cruising at 35,000 feet. Specifically, 17 U.S. Code § 32 makes it a crime to “damage, destroy, disable, or wreck” any aircraft.

Shooting down an airplane? Obviously bad. Shooting down a drone? Apparently just as bad. If you’re caught, you could face up to 20 years in prison. That’s not exactly the “heroic defender of the backyard” outcome you were hoping for.

Drones in the News: A Modern-Day Hysteria

You’re not alone in feeling uneasy about drones invading your personal space. Just look at the recent drone sightings in New Jersey that caused widespread panic. Reports of multiple drones flying near neighborhoods led to a flurry of social media hysteria, with residents fearing surveillance, privacy breaches, and even potential danger.

This situation highlighted just how unprepared many of us are for the sudden presence of these high-tech gadgets in our skies. And as much as we might wish for simple solutions—like shooting them down—the legal landscape around drones is anything but simple.

Why Are Drones Used?

These flying devices serve a surprising variety of purposes, including:

      Delivery Services: Companies like Amazon and UPS are exploring drones to deliver packages faster and more efficiently.
      Photography and Videography: Professional photographers and hobbyists use drones to capture stunning aerial shots for personal or commercial use.
      Emergency Services: Drones play a crucial role in search and rescue missions, delivering medical supplies, or assessing disaster zones.
      Agriculture: Farmers use drones to monitor crops, survey land, and even spray pesticides.
      Security and Surveillance: Businesses and law enforcement agencies employ drones for monitoring property, ensuring safety, or crowd control.

While these uses are largely practical and beneficial, it doesn’t negate the discomfort—or potential legal issues—that arise when drones hover a little too close to home.

What Does Florida Law Say About This?

The State of Florida also has its say in the matter. Florida Statute 790.15 makes it illegal to recklessly or negligently discharge a firearm outdoors on any property primarily used as a dwelling. What qualifies as a “firearm,” you ask?

According to Florida law, a firearm includes any weapon capable of expelling a projectile by explosive action. So, unless you’re rocking an antique firearm (and even that has exceptions), you’re still in hot water if you fire at a drone.

Okay, But What About Pellet Guns?

Ah, the humble pellet gun—a legal gray area, perhaps? Not quite. While a pellet gun isn’t considered a firearm under Florida law, you’re still not off the hook. Florida Statute §790.19 specifically prohibits shooting at any “vehicle” or “aircraft” flying through Florida’s airspace. And yes, drones count.

Break this law, and you’re looking at another felony charge and possibly 20 years in prison. Starting to see a pattern here?

Can I Use “Stand Your Ground”?

Florida’s famous Stand Your Ground Law (F.S. 776.013) lets you defend yourself if you’re at risk of “imminent harm.” But annoyance over a drone doesn’t quite cut it. Unless that drone is armed and actively threatening you (which, let’s hope not), this defense isn’t going to fly.

What Happens If a Drone Falls from the Sky?

Let’s flip the scenario. Suppose a drone plummets from the heavens and smacks someone on the head. Who’s liable then?

The answer depends on the circumstances:

  • The Drone Operator: If negligence (e.g., poor piloting or failure to maintain the drone) caused the accident, the operator is typically responsible.
  • The Manufacturer: If a mechanical defect caused the drone to malfunction, the manufacturer might be held liable under product liability laws.
  • The Property Owner: If the drone was being operated from someone else’s property and they contributed to the incident, they might share liability.

What About Invasion of Privacy?

Finally! Here’s where you might have some hope. Florida Statute §934.50 makes it illegal to use a drone to violate someone’s “reasonable expectation of privacy.” If a drone is peering into your windows or otherwise creeping on you, you can:

      Call the authorities.
      File a civil lawsuit.
      Even recover attorney’s fees if you win.

Not as satisfying as blasting the thing out of the sky, but it’s a legal way to reclaim your sense of privacy.

The Bottom Line

Shooting down a drone might sound like the perfect revenge, but it’s also a one-way ticket to serious legal trouble. If you feel your privacy is being violated, follow the law: report the incident, explore civil remedies, and let the legal system work for you.

And if a drone falls from the sky and ruins someone’s day, liability is a complex issue best navigated with the help of an attorney.

If you’re dealing with a drone-related problem—whether it’s a creepy one over your yard or one that’s caused harm, give Rader Law Group a call at 954-654-7661. We’ll help you get the answers and justice you deserve.