So some idiot shot my phantom3 advanced WITH 22.

[Air Ontario]

Hadnt read that yet thanks for update AO!

I miss those details too sometimes in long threads.

 

[Andy Thomas]

The ahole just did a criminal offense. He was not at risk of being harmed and recklessly discharged a weapon into the air and damaged someone's property.

 

[ianwood]

Contact your local FAA FSDO office and report it to them as he could be brought up on federal charges.

Baton Rouge FSDO
6100 Corporate Blvd.
Suite 200
Baton Rouge, Louisiana 70808

Phone: (225) 932-5900 or (800) 821-1960 Fax: (225) 932-5975
Email the Office

Baton Rouge FSDO-Contact the Office

 

[88VMX12]

discharging a fire arm into the air like a rifle without any back stop. Basically firing into thin air would be illegal I would think. It puts all of the public at risk and that guy should serve some jail time! Around here if you did something like that you would be in jail. Now if it was a shotgun then you would probably not go to jail unless you were within city limits

G

 

[m0j0]

If it's low and in a hover - maybe you have an argument. Maybe.

First off I am going to say that the shooter is likely to be in trouble. Espcially if it is in any city, town or municipality.
Second, that looks too large to be a .22
Third, someone shot your bird that was 200 feet above ground level? That is a pretty decent shot.

 

[m0j0]

Hmmmm. As he was following a highway, I presume no one had the right to shoot at the aircraft? Is that still trespass?

No one has the right to shoot at an aircraft over a public road. Discharging a firearm over a public highway? Not a good look for the shooter. He should be arrested.

 

[m0j0]

Fortunately, no one has the right to do anything like this here in the UK.

They don't have the right to do it here either.

 

[m0j0]

Where someone is standing makes little difference when it's the drone that someone was firing at. If the owner of the property wants to press charges for the person trespassing on their land, they can do this.

No they can't. Not in the USA. It is not a trespass. You do not control (own) the airspace over your property. Think about it. Can you shoot down a helicopter because it is flying over your property? Where I live the military flies drones overhead all the time. They almost always fly over private property. I guarantee they have better camera's than our Phantom's.Can you shoot them down? The answer is no you can not. As a matter of fact you can be criminally charged for destroying someone elses property and/or be sued civilly.

 

[Cody Fontenot]

Well, just wanted to give an update. On my way to Sherrif station. Detective called wanting me to go in so they could take more pictures of damage and needed me to bring my receipts of purchase. He said they gonna charge him. Man, I'm glad I was patience instead of going act the fool like he did. I'd put video up but they asked me not to because of ongoing investigation.

 

[m0j0]

Nicely done. He should have to pay to get you a new one too.

 

[Air Ontario]

Well, just wanted to give an update. On my way to Sherrif station. Detective called wanting me to go in so they could take more pictures of damage and needed me to bring my receipts of purchase. He said they gonna charge him. Man, I'm glad I was patience instead of going act the fool like he did. I'd put video up but they asked me not to because of ongoing investigation.

Good Deal. They are handling it as I would expect them to.

I would ask them their intentions on pursuing a precedent. Meaning do they intend to involve the FAA in the case or simply handle it within the S.O. Dept.

Regardless, it won't be any fun being him.
An attorney to fight it in justice court is likely $1200 minimum plus he will likely pay for your bird and pay fines and court costs. That is likely a minimum price.

The price to play in the courtroom goes up if he acts the fool he seems to be, in front of a Judge in the Judge's courtroom.

 

[m0j0]

Until people who recklessly discharge their firearms into the sky at objects are heavily fined and receive appropriate punishment, the general message is that the law is unclear how to deal with this......so....open season until otherwise notified..

I really don't agree. They can get jail time and sued civilly. No new laws needed for destruction of property or discharging a firearm over a roadway. He admitted it I presume. If you did that in my state they would arrest you and seize your firearm. Nobody wants some yokel running around shooting indiscriminately into the air. He could have actually injured someone with the bullet or the falling UAV.

 

[Imabiggles]

If the owner of the property wants to press charges for the person trespassing on their land, they can do this.

The key term their is "land", private land owners can not regulate or control the airspace over their land. If you landed on his property (or took off) - thats trespassing (potentially). If you flew 20' above his land that could be nuisance or invasion of privacy (civil or criminal, depending upon codes). Since LA has weird *** Nepoleonic codes, I might be wrong (but dont think I am) . If your flying 100' above, he has zero rights or say so about that airspace.

 

[Air Ontario]

Yep French law. Texas has a lot of Mexican influence in their law, some states are Commonwealths, balance generally are English common law.

 

[rburkedpq]

Thanks god in Europe almost no one have guns at home

Same here in the US. We keep them in our trucks

 

[Badfinger]

Too bad it wasn't a Sheriff drone!

 

[m0j0]

The key term their is "land", private land owners can not regulate or control the airspace over their land. If you landed on his property (or took off) - thats trespassing (potentially). If you flew 20' above his land that could be nuisance or invasion of privacy (civil or criminal, depending upon codes). Since LA has weird *** Nepoleonic codes, I might be wrong (but dont think I am) . If your flying 100' above, he has zero rights or say so about that airspace.

Bingo... I'm with you. The UAV would have to be really low for the owner to have any privacy rights. Given these facts I can see no justification for shooting the UAV.

 

[pomonabill220]

I agree with others here.... keeping your cool and not acting stupid will get you ALOT further!
i sure hope that this ding dong (being polite here) has to pay for a new bird, AND serves jail time! and acts stupid in court!
Hopefully you have the video, flight telemetry data and any other evidence that will NAIL his coffin SHUT!

 

[joe21]

I really don't agree. They can get jail time and sued civilly. No new laws needed for destruction of property or discharging a firearm over a roadway. He admitted it I presume. If you did that in my state they would arrest you and seize your firearm. Nobody wants some yokel running around shooting indiscriminately into the air. He could have actually injured someone with the bullet or the falling UAV.

You are absolutely right.

Personally, I don't know why people are hung up on the UAV aspect of it. It doesn't matter where the UAV was or if it had a "right" to be there. The bigger problem in this scenario is the reckless discharge or a firearm into the air. They guy could have been aiming at a bird or a cloud. Most states have rules for discharge. Firing over a public roadway is generally illegal.

Sure, I would be upset if someone damaged my property. That, however is a small issue compared to human safety. Firing a gun in an unsafe direction can get someone killed.

In my state as well, an intentionally negligent discharge would very likely get you arrested. Bye bye pistol license. Bye bye long guns. Hello NICS denied list. People have lost their rights for less.

 

[THG Aviation]

So I was flying my couple month old phantom 3 advanced quad and some idiot shot it with a 22. I was not flying or looking at his property I till I noticed he was firing at me. Turn because I couldn't believe it and started looking to see who was shooting and bam! Disconnected from my controller to my bird. Luckily my bird did what was it supposed to do, flew home. When got back I noticed it was hit in the VPS and Ofdm module. What are my rights. PLEASE HELP.

Check out the last episode of the Goodwife on CBS. All the legalities were brought up. Don't know how accurate they were but interesting legal views. Long and short of it was if you were above 87 feet and below 500 feet you may have some legal standing. Even better, if your bird had an N number or any federal registration you might want to let the FAA know.