Why you shouldn’t try to shoot down a suspected drone

CNN
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Mysterious possible drone sightings across the East Coast have prompted calls from civilians and some politicians to shoot down the unidentified aircraft.

But shooting at drones is dangerous and illegal — and can have unintended consequences, according to federal officials and experts.

The possible drone sightings, which began in November in New Jersey, have caused anxiety and concern and led to pressure on federal agencies to provide more information. Residents across the Garden State have reported near-nightly sightings since, Republican New Jersey Assemblyman Paul Kanitra told CNN, and sightings have also been reported in New York, Connecticut, Massachusetts, Pennsylvania and Virginia.

“While I understand the frustration that mysterious drones can cause, taking matters into private hands by shooting at drones creates significant dangers,” said Rick Smith, founder and CEO of Axon, which makes anti-drone technology.

Shooting down a drone could essentially “turn it into a missile,” Smith said, and large drones that crash on land can cause “serious property damage and personal injury.”

The risk of uncontrolled drone crashes could make “the situation far more dangerous than the drones themselves,” Smith said.

Smith’s comments echo Homeland Security Secretary Alejandro Mayorkas, who told CNN’s Wolf Blitzer on Friday that trying to shoot potential drones out of the sky “in and of itself would be dangerous.”

Mayorkas and FBI officials have said they believe many of the suspected drone sightings are actually manned aircraft misidentified by civilians and that they have no evidence of any threat or foreign involvement.

The Federal Aviation Administration, which registers and regulates drones in addition to other aircraft, told CNN in an email Sunday that private citizens shooting at any aircraft, including drones, “pose a significant security risk.”

“An unmanned aircraft hit by gunfire could crash and cause damage to people or property on the ground, or it could collide with other objects in the air,” an agency spokesman wrote.

Smith, CEO of Axon, also said that if “shooting drones becomes normalized, it risks getting out of hand.”

“People on the ground may not know which drones are authorized, such as first responder drones operated by local police or even delivery drones from companies like Amazon,” he said. “Without proper identification systems, the potential for chaos is enormous.”

Additionally, shooting at “small, dark objects like drones in the night sky” can lead to unintended damage, according to Vijay Kumar, dean of engineering at the University of Pennsylvania.

Kumar, whose work includes research into drones and aerial robots, told CNN civilians trying to shoot at what they believe to be drones could lead to “missed shots, stray bullets or accidents, potentially leading to dangerous outcomes far beyond the intended action.”

A drone shot down over a forest, for example, could start a wildfire, he said.

In addition, people can inadvertently end up damaging drones with critical purposes: Some drones are used by emergency services such as firefighters, search and rescue teams, and law enforcement.

Fear and anxiety about drones, Kumar said, stems from their association with “science fiction-like scenarios where machines have autonomy, a concept that many find disturbing.”

“They are also linked to military operations, terrorism or espionage,” he said. “Drones equipped with cameras and other sensors raise fears of being seen or questions about privacy.”

But images of reported drone sightings show aircraft “operating with visible running lights, suggesting they are following the rules,” Kumar added, saying most of the images he has seen appear to show aircraft that would be registered with the FAA and operate legally.

In addition to being dangerous, shooting at aircraft – whether drones or manned aircraft – is illegal throughout the country.

“Firing a weapon at what a person perceives to be a drone is a terrible idea for countless reasons,” Andrew Stengela lawyer and former New York City prosecutor, told CNN. “One of them is because there could be serious criminal consequences.”

It is illegal under federal law to shoot at an airplane, the FAA told CNN via email Sunday.

“Firing at an unmanned aircraft may result in a civil penalty from the FAA and/or criminal charges from federal, state or local law enforcement,” the agency said.

Federal law stipulates anyone who “sets on fire, damages, destroys, disables or destroys any aircraft” in US airspace is subject to fines or up to 20 years in prison.

In New York, Penal Code 265.35 prohibits firing a firearm on any aircraft. The crime is punishable by up to 7 years in prison if someone’s life is in danger.

Stengel said people who try to shoot at a possible drone could also be charged with reckless endangerment — which can be either a misdemeanor or a felony — and criminal mischief if they damage a lawfully operated aircraft.

“If you hit a piece of equipment, a drone, whatever, and it hurts someone, you can kill them,” he added.

“Whether it endangers people’s physical safety or damages people’s property, firing a weapon at a drone is a terrible idea,” he said.

And less aggressive methods of trying to disrupt aircraft are also illegal. The FAA also told CNN it has received multiple laser reports from pilots in airspace spanning New Jersey, New York and Pennsylvania. They did not specify whether the reports were directly related to the possible drone sightings.

It is illegal to point a laser at an aircraft under federal law. Powerful lasers can “completely disable pilots trying to fly safely to their destinations and can carry hundreds of passengers,” says the agency on its website.

Despite the dangers and legal ramifications associated with shooting at aircraft, calls to shoot down potential drones have come from official sources, including the president-elect.

“Mysterious drone sightings all over the country. Can this really happen without our government’s knowledge. I don’t think so! Let the public know, and now. Otherwise, shoot them down!!!” Donald Trump published on Truth Social on Friday.

U.S. Sen. Richard Blumenthal, a Democrat from Connecticut who sits on the Senate Homeland Security and Governmental Affairs Committee, said Thursday that the plane “should be shot down if necessary because they are flying over sensitive areas.” Some sightings have been reported over military bases as well as over critical infrastructure areas.

Similarly, the US Rep. Chris Smith of New Jersey, a Republican, said he is working on legislation that would give local law enforcement agencies jurisdiction over drones, including the ability to shoot them down. according to CNN affiliate WABC.

Mayorkas, asked about Trump’s post, told ABC’s George Stephanopoulos on Sunday: “We are limited in our authority. We have certain agencies within the Department of Homeland Security that can do that, and outside of our department, but we also need, that these authorities be extended.”

The Department of Homeland Security has authority to handle UAS — unmanned aerial systems — through Act on the prevention of new threats from 2018.

Ryan Herd, the mayor of Pequannock Township, New Jersey, told CNN on Saturday that he supports shooting down the drones over water — but not over land, as he believed it would be too risky.

“God forbid, one of these drones the size of a car crashes into your neighbor’s house and kills everyone,” he said.

Instead, he suggested officials focus on documenting the plane. “Let’s focus on getting clean pictures as good as possible, video, sound,” he said.

In New York, Governor Kathy Hochul has urged the US Congress to pass Counter-UAS Authority Security, Safety, and Reauthorization Actwhich she said would “give New York and our peers the authority and resources necessary to respond to circumstances that we face today.”

The draft legislation, sponsored by Republican Rep. Mark Green of Tennessee, says it would allow the FAA to “seize, exercise control over, or otherwise confiscate an unmanned aircraft system or unmanned aircraft.”

A source familiar with the national investigation previously told CNN that the government has various strategies that can be deployed if a drone poses an imminent threat, but so far they have not identified any threats.

Authorities have a number of technical options to try to “defeat” a drone, including jamming a signal, disconnecting it from the operator or remotely “hijacking” it, but any option could pose numerous risks, the source said.

“Blowing it out of the sky is the last resort,” the source said.