One of the most frequently asked questions in Texas regarding drone use is, “Can I shoot down a drone over my property?”
The short answer, according to Lashmet, is it’s best not to.
“We don’t really know exactly how the law regarding trespass is going to work. We don’t know how drones are going to be treated,”
Lashmet said. “Don’t try to take the law into your own hands.”
There are civil claims like trespass and nuisance that can be brought against a drone that is flying over private property.
“There’s actually a statute in Texas that deals with drones and privacy rights. That statute says that drones can’t be used to conduct surveillance against another person or their property,” Lashmet said. “Under that statute, people could actually bring a lawsuit and seek to collect damages or there can be criminal prosecution for the drone user.”
In Texas, there are 21 lawful drone uses spelled out in statute.
The trouble with shooting down a drone is you never know if the drone is flying legally or not. So it’s best not to shoot them down.
“We want to be careful. I understand the importance of private property rights, and there are definitely some legal ways to protect that, but you don’t want to be the person who ends up in trouble for bringing a drone out of the sky and the next thing you know, you’re facing litigation or criminal charges,” Lashmet said. “Drones are regulated by the FAA, and what we don’t want is for somebody to be charged with shooting down an aircraft and the kind of repercussions that can come with that.”
http://texasfarmbureau.org/flying-withi ... f-the-law/
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