After news spread that drones flying over Wyoming’s Niobrara County this autumn resemble drones seen in New Jersey and other places, many Wyoming residents called for shooting them down. However, experts and law enforcement say that’s illegal.
Retired Air Force Colonel Stephen Luxion explained that shooting down any aircraft, including drones, is against federal law. Federal law says that destroying an aircraft is a crime, punishable by fines and up to 20 years in prison. A Florida man was recently fined $5,000 for shooting down a Walmart drone he thought was spying on him.
In Wyoming, destroying property under $1,000 is a misdemeanor, with a penalty of up to six months in jail and a $750 fine. If the value is over $1,000, it’s a felony, punishable by up to 10 years in prison and a $10,000 fine. While it’s uncommon for people to serve the maximum penalty, a felony conviction can lead to losing gun rights, which is a big concern for many.
However, the situation changes if a drone is threatening someone. For example, if a drone has weapons on board, it could be treated as a serious threat, but current reports suggest this isn’t the case with the drones in Wyoming or New Jersey.
The drones in New Jersey have been operating legally, following flight regulations and staying within the air zones they’re allowed to fly in. Although authorities are unsure who is operating the drones, the Department of Homeland Security and FBI have found no evidence that the drones pose a national security or public safety threat.
Luxion emphasized that shooting down drones can be dangerous. Drones, some as large as six feet in diameter, could potentially carry people, and shooting one down could cause harm. Some people have even mistaken commercial airliners or small aircraft for drones, leading to confusion.
While there are laws in some states addressing drone privacy issues, the legal framework is still unclear. Wyoming lawmakers considered a law in 2023 that would punish drone pilots for trespassing on private property, but the bill didn’t pass. Some lawmakers even suggested allowing homeowners to shoot down drones invading their property, but existing property laws might prevent that.
The issue of drone trespassing is still unsettled. In 2018, the Uniform Law Commission proposed a law that would have made drones flying below 200 feet over private property a form of trespassing. However, after re-evaluating, the commission revised the proposal in 2019 to say that a drone could only be considered trespassing if it interfered with someone’s use of their property.
In the future, laws related to drones and trespassing may be revisited, but for now, Wyoming’s lawmakers aren’t considering any new drone-related bills.
Colonel David Melendez, an expert in military drones, warned that shooting down drones could cause secondary damage. In dense areas like New Jersey, a downed drone could injure bystanders. Some authorities have technology that can safely land or even take control of a drone, but if the drone uses a 5G or 4G network, it may not be controllable in that way.