A Plano Republican has filed a bill in the house that would let Texas property owners shoot down unmanned aircraft flying over their property, an action that is banned under federal law.
Rep. Jeff Leach last week filed House Bill 2916, which would add a new section to the Texas Penal Code: “Affirmative Defense: Disabling, Damaging or Destroying Unmanned Aircraft.”
Affirmative defense is a legal strategy that allows defendants to mitigate otherwise unlawful conduct if they can prove certain alternate facts separate from the case being built by the prosecution. Other affirmative defenses include proof of self-defense and entrapment.
In order to be protected under Leach’s bill, a person would need to have:
- Been “on property owned or legally occupied by the person;”
- “Used a firearm legally possessed by the person to disable, damage, or destroy an unmanned aircraft that the person did not authorize to be on or over the property;” and
- Not been “prohibited from discharging the firearm under Section 42.12, Penal Code, other law or local regulation, or a dedicatory instrument governing the use of the property.”
The section of penal code referenced in that last point governs the reckless discharge of a firearm in municipalities with more than 100,000 residents, which it classifies as a Class A misdemeanor, punishable by a fine of up to $4,000 and up to a year in jail.
A “dedicatory instrument governing the use of the property,” would include legal agreements that govern acceptable behavior on a property, such as a signed lease agreement, homeowner association rules or deed restrictions.
The Federal Aviation Administration explicitly prohibits shooting down any aircraft, including drones, above private property.
“A private citizen shooting at any aircraft – including unmanned aircraft – poses a significant safety hazard,” the FAA website explains. “An unmanned aircraft hit by gunfire could crash, causing damage to persons or property on the ground, or it could collide with other objects in the air.”
Drones must be piloted to avoid posing a risk to people or property, the FAA adds.
“If you think someone’s flying unsafely and it poses an immediate threat, you should contact local law enforcement,” the agency explains. “The FAA does not regulate privacy, but local privacy laws may apply to drone operations.”
In December, social media reports of drones surged along the East Coast and near New Jersey. Last month, White House Press Secretary Karoline Leavitt said that those drone sightings “were authorized to be flown by the FAA for research and various other reasons,” and many were flown by hobbyists.
Leach’s bill would take effect on Sept. 1 if adopted and signed into law.
