New York State Residents Could Face Serious Trouble for Shooting Down a Drone

There are moments in life when you really don't know what to do except stand there and hope you're imagining things.

I was at our family camp in the woods, showering in our outdoor shower. Our property is remote, and there is usually nobody around, so when I heard a loud buzzing overhead, I knew it was not a lawn mower or a neighbor’s leaf blower.

I stepped out of the shower to see what was making that sound. Yes, I was in my birthday suit.

That is when I looked up and saw a drone flying directly over my head.

I can only imagine the shock of the person operating that drone when they saw me standing there in all of my glory. But once the initial embarrassment wore off, I had a bigger question: if a drone is hovering over your property and making you uncomfortable, can you shoot it down in New York?

The answer is no.

Can You Shoot Down a Drone Over Your New York Property?

The Federal Aviation Administration is very clear about this one. The FAA says it is illegal under federal law to shoot at an aircraft, including an unmanned aircraft like a drone.

It does not matter that the drone is flying above your home, yard, camp, or outdoor shower. You do not have the right to take aim at it.

The FAA also points out the obvious safety problem. A drone hit by gunfire can fall and hurt someone, damage property, or collide with another aircraft. The agency says someone who shoots at a drone could face an FAA civil penalty or criminal charges from federal, state, or local law enforcement.

Federal Law Can Bring Serious Consequences for Shooting a Drone

Federal law makes it a crime to willfully damage, destroy, disable, or wreck certain aircraft. Under 18 U.S. Code § 32, a conviction can carry a fine, up to 20 years in prison, or both.

Whether that specific law applies to any particular incident depends on the facts and on investigators and prosecutors. But the important part is simple: shooting down a drone is not a harmless way to deal with a frustrating situation.

It can create a much bigger problem than the drone itself.

New York Laws Could Also Apply if You Fire at a Drone

On top of federal concerns, shooting at a drone can create serious problems under New York law.

For example, New York’s criminal mischief law makes it a crime to intentionally damage someone else’s property when you do not have the right to do so. If a person recklessly creates a substantial risk of serious physical injury to someone else, New York’s reckless endangerment law can also come into play.

That is why the answer cannot be, “Well, it was on my property, so I handled it.”

You could be dealing with a firearm discharge, damaged property, a falling drone, and possible criminal charges all at once.

What to Do if a Drone Is Flying Over Your House or Camp

If a drone is flying near your home or property, do not try to bring it down yourself.

The FAA says drone pilots must operate their aircraft so they do not create a hazard to people or property. If you believe the drone is being flown unsafely and poses an immediate threat, contact local law enforcement.

It also helps to document what happened. If you can do so safely, take photos or video of the drone, note the date and time, write down where it was flying, and try to identify the person operating it. Do not chase the drone or confront anyone in a way that could make the situation worse.

The FAA does not regulate privacy, but it says local privacy laws may apply to drone operations. The agency also tells law enforcement that drone complaints can involve other possible violations, including harassment, voyeurism, or reckless endangerment. The FAA’s guidance for police and public safety officials explains that officers can investigate the underlying conduct and refer potential aviation violations to the FAA.

A Drone Above Your Property Is Not a Free Pass to Shoot

I completely understand the gut reaction. When you are in the middle of nowhere, standing outside your own shower with a buzzing drone overhead, it feels deeply personal and more than a little unsettling.

But the right move is to get yourself somewhere safe, document what you can, and call law enforcement if the drone appears to be operating dangerously or being used to harass you.

And whatever you do, do not shoot at it.