Not the Drones again
Because this topic keeps coming up I wanted to see if there were actual court rulings on drones and airspace. It appears home owners do own some of there air space. In the case of United States v...
Forum Discussion
The case the OP refers to - without a link was decided May 27, 1946. It was brought by a property owner because the military took over a civil airport whose approach was directly over his chicken coop. The constant overflights at 86 feet above the ground caused his chickens to hurl themselves against the walls, and killing themselves in the process.
Lots of stuff has changed since 1946 - you cannot apply this ruling to a 10 oz drone flying over your property - yet.
According to the Congressional Research Service, smaller drones are exempt from FAA rules that apply if the model aircraft is less than 55 pounds, does not interfere with any manned aircraft, and is flown in accordance with a community-based set of safety guidelines.
If you don't want to read the link above, here is what the FAA says about recreational users - emphasis mine:
The FAA encourages recreational users of model aircraft, which certain types of drones could fall under, to follow a 1981 advisory circular. Under the circular, users are instructed to fly a sufficient distance from populated areas and away from noise-sensitive areas like parks, schools, hospitals, or churches. Additionally, users should not fly in the vicinity of full-scale aircraft or more than 400 feet above the surface. When flying within three miles of an airport, users should notify the air traffic control tower, airport operator, or flight service station. Compliance with these guidelines is voluntary.
So no, you cannot shoot one down. There is no doubt that stricter laws governing recreational drone flying will be enacted in the future. But for now, all this crowing about your rights is really useless.
Lots of stuff has changed since 1946 - you cannot apply this ruling to a 10 oz drone flying over your property - yet.
According to the Congressional Research Service, smaller drones are exempt from FAA rules that apply if the model aircraft is less than 55 pounds, does not interfere with any manned aircraft, and is flown in accordance with a community-based set of safety guidelines.
If you don't want to read the link above, here is what the FAA says about recreational users - emphasis mine:
The FAA encourages recreational users of model aircraft, which certain types of drones could fall under, to follow a 1981 advisory circular. Under the circular, users are instructed to fly a sufficient distance from populated areas and away from noise-sensitive areas like parks, schools, hospitals, or churches. Additionally, users should not fly in the vicinity of full-scale aircraft or more than 400 feet above the surface. When flying within three miles of an airport, users should notify the air traffic control tower, airport operator, or flight service station. Compliance with these guidelines is voluntary.
So no, you cannot shoot one down. There is no doubt that stricter laws governing recreational drone flying will be enacted in the future. But for now, all this crowing about your rights is really useless.
