Legal Ramifications of Shooting Down a Delivery Drone

As major corporations like Amazon, Google, and Walmart continue to innovate with drone delivery services, a new and concerning trend has emerged: the shooting down of these drones. While incidents remain infrequent, recent events, such as the arrest in Florida of a man accused of shooting a Walmart drone, raise important legal questions about the consequences of such actions.

The Florida Incident

In Clermont, Florida, Walmart was conducting drone delivery demonstrations when a loud noise was heard during a drone’s descent. According to the Lake County Sheriff’s Office, Dennis Winn admitted to shooting the drone, citing concerns about drones frequently flying over his property. He now faces charges of discharging a firearm and causing criminal mischief with damage exceeding $1,000. Walmart claims the total damage, primarily to the drone’s payload system, amounts to approximately $2,500.

Increasing Drone Shootings

With the prevalence of firearms in the United States, it is anticipated that more drones may be shot down as drone deliveries become more common. Currently, there is no clear precedent for the maximum penalties that could be imposed on those found guilty of such actions.

However, as more high-value drones from multi-billion-dollar corporations take to the skies, the legal landscape could shift.

Legal Framework

The Federal Aviation Administration (FAA) has offered some guidance on the matter. Following a 2016 incident in Arkansas, the FAA referenced 18 U.S.C. 32, a law focused on aircraft sabotage. This law, which primarily addresses manned aircraft, could potentially be applied to unmanned aerial vehicles (UAVs) as well.

The language is broad enough to cover drones, implying that penalties could be severe, potentially including fines and up to 20 years in prison.

Case Studies and Federal vs. State Jurisdiction

In previous cases, such as a 2020 incident in Minnesota, suspects faced felony charges for criminal damage and discharging a weapon within city limits. These charges reflect state law enforcement’s role in handling drone-related incidents. However, there remains ambiguity about when and if federal charges under 18 U.S.C. 32 might be applied.

Future Implications

As drone deliveries scale up across the U.S., the legal ramifications of shooting down a drone will likely become clearer. Federal legislation may increasingly play a role in prosecuting such incidents, especially if they involve significant property damage or potential harm to people.

In conclusion, while the legal consequences of shooting down delivery drones are currently varied and somewhat unclear, they can be severe.

As drone technology and delivery services expand, legal frameworks will need to evolve to address these new challenges effectively.