Kentucky man shoots down drone hovering over his property

[CitizenBBN]

If he needs a legal defense fund, I'll contribute.

http://arstechnica.com/tech-policy/2...-his-backyard/

Drone was over his property, was there a while, hovering, has a camera, one story said his daughter was out back by the pool fwiw. I agree with him, it's no different than if this drone owner had just walked into his yard and sat down.

3 shots of #8 birdshot later and no more drone. Then four guys pull up and get out and are very mad he shot down their drone. To which this guy, with a Glock on his hip, suggested that if they crossed the sidewalk to his property there was going to be another shooting.

He's right IMO, it's a basic privacy issue. No one has a right to hover a camera over my back yard and film me or anyone else and I doubt the cops are going to come out and arrest the thing.

[Darrell KSR]

Usually a landowner owns air rights above his property, subject to FAA regulations. He may be in better legal position than they think. At least, he should have a better counterclaim on a civil basis than the peanuts property claim the drone owner has.

I just read the article. I guess it's possible there's some criminal violation for endangerment, depending on where he lives. I get that, which doesn't inure to the benefit of the drone owner, but other neighbors in the vicinity. I like his argument about the #8 birdshot, though.

Wish he had something like a whip that would've just smashed the drone without encroaching outside his property. But I'd still feel fine if I were him.

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[CitizenBBN]

I tend to agree about his position.

Re the weapon of choice, he's right. AFAIK no one has ever been harmed by falling birdshot. it lacks range and thus doesn't go high enough to achieve much speed and it is so lightweight. That's why it's safe to shoot shotguns at the air when out hunting, whereas shooting a rifle the same way would be a hazard. Theoretically one could hit someone in the eye or something, but that's about it and I'm not sure the damage even then, I've seen #8 hit the ground and it has no penetration power. It isn't much different than throwing it in the air by hand. Not 100% safe but definitely the safest of the options on the table. Even a bow or something would be much more risky.

With a normal real property deed he owns the air above and the ground below his land, certainly higher than this drone was flying. It was on his property. the only real charge against him would be for discharging a firearm and creating a risk, but I dont' see much fault for the actual destruction of the drone.

Maybe an analogy would be someone intentionally parking in your driveway knowing it was on your property. if you smashed his windows are you liable for the damages?

He's right to fight it though. I doubt a jury would convict him or that a DA would want to do much to prosecute it.

[jazyd]

Good for him on two accounts, shooting the thing down and then telling the idiots there will be another shooting

[suncat05]

I believe the property owner was well within his rights to do what he did. I think he can make a compelling argument that he had a legitimate concern for his safety and the safety of his family, especially with an aircraft of unknown origin and whose purpose was as well unknown hovering over his property with no advance notice and without the permission of the property owner.
And CBBN'S position on the use of #8 birdshot is spot on too.

The property owner has a reasonable expectation to privacy within the boundaries of his property, as enumerated in the Constitution & the Bill of Rights. The drone owner, IMHO, does not have much, if any, solid ground to stand on here in this case. And he may have set himself up for a civil lawsuit against him in court. That's how I see this.

[jazyd]

It will happen more and more in the near future, smart on his part using the bird shot.

[KeithKSR]

This comes on the heels of the kids who outfitted his drone with a handgun. Was it reasonable for the guy to fear for his family's safety? Absolutely!

[Darrell KSR]

I hope the guy who was arrested mentions that.

This comes on the heels of the kids who outfitted his drone with a handgun. Was it reasonable for the guy to fear for his family's safety? Absolutely!