Can my neighbor shoot me down

[JRUSH311]

We live in a generally rural area
We live on a 5 acre tract with several adjoining tracts ,
Decided to launch the drone off the other day and get some shots of our property as well as some adjoining.
I was at an altitude of around 300-350ft
On the boundary line of our and the neighbors property when I heard gun shots. 4 shots and it wasn’t a shot gun.
It ended up being a pistol
I quickly booked it once I heard the shots
I got about 100ft distance before heading 4 more additional shots.
At this point I landed the drone and headed out for supper.
While i was gone the police came
The neighbor called and admitted to shooting at it , he claimed I landed on his yard(not true)
The officer seemed to think it was legal to shoot me down if I was above his property.
This occurred in North Carolina
Any clarification?

 

[BigAl07]

We live in a generally rural area
We live on a 5 acre tract with several adjoining tracts ,
Decided to launch the drone off the other day and get some shots of our property as well as some adjoining.
I was at an altitude of around 300-350ft
On the boundary line of our and the neighbors property when I heard gun shots. 4 shots and it wasn’t a shot gun.
It ended up being a pistol
I quickly booked it once I heard the shots
I got about 100ft distance before heading 4 more additional shots.
At this point I landed the drone and headed out for supper.
While i was gone the police came
The neighbor called and admitted to shooting at it , he claimed I landed on his yard(not true)
The officer seemed to think it was legal to shoot me down if I was above his property.
This occurred in North Carolina
Any clarification?

North Carolina? That's embarrassing to say the least.

NO it's not LEGAL but if it gets shot down and you wanted to pursue the "Federal" aspect you would notify the FAA and they would in turn hand it over to another department (DOJ I think). Then they would investigate and determine if it was "worthy" of the time and $$ to take it any further (and let me save you the work... NEGATIVE).

At that point it's a CIVIL issue of destruction of Private Property.

I would take this issue to the local Chief of Police and let him/her know of this "allowable action" and how it will make the NATIONAL headlines and let their LEGAL Dept get involved.

 

[Deleted member 109724]

We live in a generally rural area
We live on a 5 acre tract with several adjoining tracts ,
Decided to launch the drone off the other day and get some shots of our property as well as some adjoining.
I was at an altitude of around 300-350ft
On the boundary line of our and the neighbors property when I heard gun shots. 4 shots and it wasn’t a shot gun.
It ended up being a pistol
I quickly booked it once I heard the shots
I got about 100ft distance before heading 4 more additional shots.
At this point I landed the drone and headed out for supper.
While i was gone the police came
The neighbor called and admitted to shooting at it , he claimed I landed on his yard(not true)
The officer seemed to think it was legal to shoot me down if I was above his property.
This occurred in North Carolina
Any clarification?

It is illegal for anyone to destroy your property. Especially if it was over your property. But even if you are over sometime else's property, nobody is allowed to shoot it. It is not a good idea to keep the drone in one place for too long, because people think you are spying. If you stay moving and fly in one direction for awhile, most people will think it is just a random aircraft passing by.

That guy should not have shot at your drone. The fact that he shot up into general airspace was foolish, very foolish! And a pistol mind you, not a shotgun! For all we know those bullets he sent up in the air could have landed and killed people somewhere, or hit a manned aircraft! I'm surprised the police officer defended your neighbor. Neither of them had any common sense. Next time you hear gunshots decrease altitude as you glide toward your home point, and quickly call the police. When they get there, explain the danger of shooting randomly in the air and the fact that they are trying to destroy your personal property. Then if possible show the police that you are doing everything legally. Try to sound official and professional and all that. Next, show them some video that you shot, (no pun intended...) Show them that you are not spying on anyone, and that the videos you are getting are just cool cinematic type videos. Most of the time the police will get interested and walk away feeling good about drones and your neighbor will be in BIIIIIG trouble![emoji33]

And you'll be like [emoji41]

 

[MotorCycle-Man]

AND......whos car-suv-swimming pool-or home did the bullets come down on......It could have been YOUR EYES....You were looking UP when the shots went off...This is a very dangerous situation...and very scary.....sounds like a extremely radical person....Just hope he don't mess with any out of your property ! wonder if hes paranoid ?

 

[RunningWithScissors]

Hey @BigAl07, besides the basic legal ramifications of that guy's actions, doesn't the FAA have something specific on the books about discharging weapons (upwards) into NAS and the possibility of hitting commercial/military aircraft, or is that what you were referring to in your post?

 

[umanbean]

AND......whos car-suv-swimming pool-or home did the bullets come down on......

There's the biggest problem right there! No responsible firearm owner would ever fire into the air, especially in a populated area!

Besides the fact that the idiot who did that would be extremely lucky to hit a moving drone with a pistol, he launched 8 potentially deadly pieces of lead into the air, with no idea where or on whom they would land.

You should file complaints with every Authority you can think of.

Idiot. Hopefully he'll be thrown in the pokey or get a healthy fine, or better yet - both!

 

[BigAl07]

Hey @BigAl07, besides the basic legal ramifications of that guy's actions, doesn't the FAA have something specific on the books about discharging weapons (upwards) into NAS and the possibility of hitting commercial/military aircraft, or is that what you were referring to in your post?

I don't know of anything like that on the books but that's well outside of my area of expertise... well actually everything is outside of that for me LOL.

 

[RunningWithScissors]

I don't know of anything like that on the books but that's well outside of my area of expertise... well actually everything is outside of that for me LOL.

Understood. Let me ask you this, by definition, is a drone considered an "aircraft"?

 

[BigAl07]

Understood. Let me ask you this, by definition, is a drone considered an "aircraft"?

Yes an Unmanned Aircraft System or Unmanned Aircraft Vehicle are now an "Aircraft". Here's a quick quote I found that could have been slightly changed since it's release but it gets the point across:

"These guidelines were further clarified in 2007, when the FAA issued a policy statement regarding unmanned aircraft systems (UAS) operations in the NAS. See 72 Fed. Reg. 6689 (Feb. 13, 2007). In this policy statement, the FAA also recognized that UAS fall within the statutory and regulatory definition of “aircraft” as they are devices that are “used or [are] intended to be used for flight in the air with no onboard pilot.” Id.; see also 49 U.S.C. 40102; 14 CFR 1.1. The FAA noted that they can be “as simple as a 5 remotely controlled model aircraft used for recreational purposes or as complex as surveillance aircraft flying over hostile areas in warfare.” The FAA then stated its current policy regarding UAS based on the following three categories: (1) UAS used as public aircraft; (2) UAS used as civil aircraft; and (3) UAS used as model aircraft."

The key point is if the FAA/DOJ don't pursue it, that dog has no teeth.

 

[RunningWithScissors]

Yes an Unmanned Aircraft System or Unmanned Aircraft Vehicle are now an "Aircraft". Here's a quick quote I found that could have been slightly changed since it's release but it gets the point across:

Thank you. That gives me a starting point at least.

 

[tcope]

Unmanned aircraft and _not_ treated the same as manned aircraft. I think that is obvious.

Does the area your neighbor was in allow the discharge of a firearm? That is the _real_ question. If he did not hit your drone, there was no property damage so no civil suit should be possible.

 

[BigAl07]

Unmanned aircraft and _not_ treated the same as manned aircraft. I think that is obvious.

Does the area your neighbor was in allow the discharge of a firearm? That is the _real_ question. If he did not hit your drone, there was no property damage so no civil suit should be possible.

My response was only in the event the aircraft WAS hit in future incidents like this.

 

[JRUSH311]

YouTube <-------------------- actual dispatch

Just not sure how to proceed, the drone is registered and I def wasnt trying to spy on him
I was at the correct altitude and on the property line. I like to fly the property and take different videos and whatnot but what if next time he actually does shoot me down. Where is the law in black and white.
I need to also be sure IM not doing anything wrong. I did notice that he lied to the dispatcher and said I was "landing" in his yard several times which is not true at all I would never land in someones yard
Ill have to keep the video rolling the entire flight I guess and hope she makes it back!

 

[Nightwolf]

If you cache to the device you're flying with you will have the video even if he shoots and hides it quick.

As mentioned above it is exceedingly stupid to shoot up in the air. Officers on the scene should recognize that.

Heck if he's gonna lie tell the police you think you heard one of the rounds whizz by you so in effect he was shooting at you.

 

[RodPad]

@JRUSH311,
Got to love thy neighbor.

So the U-Boob link doesn't seem to bring up anything but my page?
I have a police scanner at home, and a computer program that records anytime the squelch is broke.
How did you get yours, even though I can't find it?

The only thing else that I can add or subtract, what if they were blanks?

My off topic part of the post.
Dishonest Dumpster Depositors.
dishonest dumpster depositors - YouTube

Rod

 

[JRUSH311]

 

[RodPad]

So, is that a scanner?
If so, what make / model?

Rod

 

[JRUSH311]

It’s a Unication G5
Technically a fire pager but only option to decode linear simulcast modulation p25 systems
Which is what is broadcast in our area

 

[Timothyfranks]

The worse thing you can do is shoot the drone down ,or take control away from operator. The drone coming out of the sky can cause serious harm to people and property.

 

[WV. Rootman]

You really need to talk to the police. Make it an information and PR trip.