Is it legal to shoot down a drone?

It’s been weeks since bright lights and unknown objects have been spotted in the skies of North and Central Jersey, unsettling residents, local leaders seeking government transparency and infuriating members of Congress.

Federal authorities have provided few answers, although Alejandro Mayorkas, the head of the Department of Homeland Security, confirmed in an interview with ABC News on Sunday that “there is no question that people are seeing drones.” Mayorkas cited a Federal Aviation Administration rule changed last year that allows drones to fly at night — a possible reason why sightings may have increased, especially from dusk to dawn.

The mystery has also reached the White House, where John Kirby, a spokesman for the National Security Council, said at a news conference that federal, state and local law enforcement officials have failed to confirm reports of unauthorized drones flying over the state.

Despite assurances from authorities, the sightings do not pose a threat, but it has done little to allay lingering concerns among residents.

Whether or not what is being reported is an increase in the number of unmanned aerial vehicles or many manned aircraft operating legally, according to the White House it has caused people to wonder: Can you shoot down a drone?

Can you shoot down a drone in New Jersey?

No, shooting down a drone is not only illegal in New Jersey, but it is also against federal law, which can lead to jail time and fines.

The FAA, which is responsible for the safety of the nation’s airspace, says shooting down any aircraft – including unmanned ones – could result in a civil penalty from the FAA and/or criminal charges from federal, state or local law enforcement, said a statement in June this year.

Federal law states that it is illegal to “burn, damage, destroy, disable or destroy” aircraft. The New Jersey Office of Homeland Security and Preparedness said shooting down a drone could result in significant fines of up to $250,000 and up to 20 years in prison.

Shooting down a drone can also lead to state or local charges for violating laws not specific to drones, such as criminal mischief, voyeurism and incitement to violence.

Furthermore, shooting down a drone poses a serious safety risk.

An unmanned aircraft hit by gunfire could crash and cause damage to people or property on the ground, or could collide with objects in the air, the FAA said.

In June, state police in upstate New York arrested a 60-year-old man for shooting down a drone after he allegedly became angry at his neighbor for flying the device on his property. The man used a shotgun to shoot the drone “in a threatening manner in the direction of the victim,” police said in a news release. He was charged with menacing and criminal possession of a weapon.

A Florida man also learned firsthand the consequences of shooting down a drone. According to the Daytona Beach News-Journal, the man was charged earlier this year with shooting at an aircraft, damaging more than $1,000 and discharging a firearm into a public building or residence. The man told police he used a 9mm handgun to shoot down a Walmart delivery drone after attempts to chase him away failed. Reports say he resolved his charges through the court’s intervention program earlier this month.

Can authorities or the military shoot down or capture a drone in flight?

State and local authorities in New Jersey “do not currently have the legal ability to restrict threatening drone activity,” according to the NJ Office of Homeland Security and Preparedness.

Federal agencies and the U.S. military have different legal and technical skills, the agency said. In 2018, Congress passed the Preventing Emerging Threats Act, which gives the Department of Homeland Security the authority to counter threats from unmanned aircraft to protect the safety of certain facilities. The law allows certain authorities to disrupt, seize control of, seize or “use reasonable force” to disable, damage or destroy unmanned aircraft considered dangerous.

As of Oct. 1, there are 791,597 drones registered in the United States, including 396,746 commercial drone registrations and 387,746 recreational drone registrations, according to the FAA. However, the figures may be higher for those who do not register their drones.

Can drones be tracked?

If the alleged drones over New Jersey are “car-sized,” or perhaps significantly larger than what is commercially available, then it should be easy to track. The New Jersey Office of Homeland Security and Preparedness says drones generally have tracking capabilities, “but not all drones are compliant and investigations are ongoing to identify the operators.”

Any drone weighing more than 0.55 pounds must be registered with the FAA and can usually be easily tracked with GPS technology. Recreational drone pilots required to register must adhere to remote identification rules, with built-in FAA remote capabilities that broadcast the drone’s location from takeoff to landing location. Authorized personnel can monitor the device to ensure the drone is not flying in unrestricted areas or operating in an unsafe manner.

Suffice to say, not all drones may be registered.

As president-elect, lawmakers are calling for the shooting down of drones

President-elect Donald Trump, who owns and frequents a golf club in Bedminster where the Federal Aviation Administration has imposed flight restrictions, is among a slew of politicians who have suggested shooting down the alleged drones.

“Mysterious drone sightings across the country. Can this really be happening without our government’s knowledge. I don’t think so! Let the public know, now. Or else shoot them!!!,” he wrote on Truth Social.

State Assemblyman Brian Bergen, who represents the 26th District and parts of Morris and Passaic counties, warned against shooting down drones on CNN News Central Monday morning, noting it’s “not a good idea to do over the United States.”

“We shouldn’t shoot things now,” he said. “Things shouldn’t be shot out of the sky. That’s a very dangerous thing to do.”

Bergen, a U.S. Army combat veteran who was an attack helicopter pilot, said he believes authorities should use other methods besides gunfire, such as tracking the drones to where they come from or using technology to track them down. to switch off.

Locally, Pequannock Mayor Brian Herd told CNN on Saturday that he supports shooting down drones over water, but not over land, saying that would be too risky.

“God forbid, one of these car-sized drones 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 the best photos, video and audio possible,” he said.

Last week, New Jersey Congressman Jeff Van Drew went on Fox News and linked the alleged drone sightings to Iran, suggesting they had a “mother ship” off the East Coast that launched drones. At the time, he suggested to Fox News host Harris Faulkner that “these drones should be shot down,” despite being a “crazy hobbyist” of Iran. He confirmed his statements in a YouTube video the next day, despite comments to the contrary from federal and state agencies.

FBI: Do not point lasers at suspected drones

The New Jersey State Police, along with the FBI, are asking the public not to point lasers into the sky as the agencies report an increase in pilots being hit in the eyes by these devices.

The announcement comes Monday evening in response to reports of people shooting or pointing lasers at suspected drones or unmanned aircraft systems (UAS).

The NJSP and the FBI said in the statement that law enforcement and other agencies “have been out every night for weeks to legally track down operators who are acting illegally or with nefarious intent and are using every tool and device available to get the answers.” find audience seeks.”

The agencies also said dangerous consequences could arise if manned aircraft were misidentified as drones.

Email: lcomstock@njherald.com; Twitter: @LoriComstockNJH or on Facebook.

This article originally appeared on NorthJersey.com: Is it legal to shoot down a drone in New Jersey? What you need to know