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Is It Illegal to Shoot at a Drone in NJ?

Many people living in New Jersey and some surrounding states have recently reported seeing drones in the skies. Many are frightened, as the source of so many drones remains unknown as of the writing of this article. Some people, including some elected officials, have encouraged people to shoot down suspicious drones, but this is not a good idea.

You should not shoot down drones, no matter how suspicious they seem. Drones range from small flying toy-like machines to large, sophisticated pieces of technology, and shooting them down comes with risks. Large drones might cause injuries when they crash, or you might miss the drone and accidentally shoot someone or something else. Drones may occupy airspace subject to federal regulation, and you could potentially face federal criminal charges for trying to shoot one down. It is also possible that the drone you shot down was authorized to be in the air, and you might be in big trouble. If you believe a suspicious drone is in your area, report it to the authorities. Do not take matters into your own hands. If you already have, call a lawyer for help.

Call our NJ criminal defense lawyers at the Law Offices of John J. Zarych at (609) 616-4956 to get a free, private case review.

Can I Try to Shoot Down Drones with a Gun in NJ?

If you live in New Jersey or a neighboring state, you might have heard about the unidentified drones spotted in the sky. Many are concerned about where these drones are coming from and who is operating them. Some are calling for people to take matters into their own hands and shoot down suspicious drones. While this might be tempting for those who are worried about what the presence of the drones means, do not do it.

Attempting to shoot down or otherwise disable drones is a bad idea, regardless of who is operating the drone. Trying to do so might land you in legal trouble, even if the drone was illegally operated. Remember, there is a good chance the drone you want to shoot down is privately owned. While you might not want to see it in your area, you cannot purposefully damage someone else’s property in most circumstances without legal consequences.

Rather than try to shoot a drone, report it to the authorities. Drones must abide by certain regulations, and people who wish to fly drones often need authorization from the authorities. Report the drone so the police can check to see if anyone is authorized to fly drones in the area. If they are not, the police can take the necessary steps to determine who owns the drone and why it is flying in your neighborhood.

Risks of Shooting Down Drones in NJ

Shooting down drones is a bad idea for several reasons. First, if you manage to shoot down a drone, where will it land? Larger drones might crash and cause serious damage and injuries. You might miss the drone and strike an innocent bystander. The drone might be lawfully operated, and you might be responsible for covering the damages. Our NJ criminal defense attorneys can help you deal with legal consequences if you tried to shoot a drone.

Safety Hazards

If a large drone is shot down, it could cause damage or harm when it crashes. We often think of drones as if they are small toys, but this is not always the case. May drones are very large pieces of high-tech machinery.

You must think about the risk of uncontrolled drone crashes before deciding to shoot one down. Many drones are far larger than they appear when we see them in the sky. While some are about the size of a remote-controlled toy car, others are the size of real cars.

You must also consider where you are shooting. Many areas of New Jersey, particularly in northern New Jersey close to New York, are densely populated. If someone were to try and shoot down a drone, they might miss and hit a person.

Criminal Charges

The drone might be legally operated, and you might face charges related to the destruction of someone else’s property. Drones can be very expensive and often have high-tech equipment that is worth a lot of money.

In addition, you might face federal charges for shooting at aircrafts. Airspace is often heavily regulated by federal law. According to 18 U.S.C. § 32(a), a person who willfully tries to damage, destroy, disable, or wreck any aircraft in the special aircraft jurisdiction of the United States or any civil aircraft used for overseas, interstate, or foreign air commerce may be fined and sentenced to 20 years in prison.

Shooting Authorized Drones

You should also consider the possibility that the suspicious drone you want to shoot down is not suspicious at all. Drones are used all the time for legitimate reasons by law-abiding people and organizations. For example, some drones are operated by law enforcement and emergency responders, like search-and-rescue drones. Others might be privately owned drones used for legal, recreational purposes. Damaging these drones might make you legally liable for paying the damages.

What to Do if You Believe You See an Illegal Drone Over NJ

First, we must determine if the drone is illegal. Drones that make themselves clearly visible with operating lights are often not illegal. Drones are usually required to be lit if they operate at night, and drones that abide by this rule are more likely to be legally operated. What is the drone doing? If it seems to be hovering somewhere suspicious, it might be worth reporting to the authorities.

If you are concerned, report the drone. Contact your local authorities to report the drone, but avoid taking matters into your own hands. Do not try to shoot down the drone. It might be legally present and operated for a lawful purpose, and it might even be owned by the state or federal government.

Contact Our NJ Criminal Defense Lawyers

Call our NJ criminal defense lawyers at the Law Offices of John J. Zarych at (609) 616-4956 to get a free, private case review.

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