Another Lead (and noise) lawsuit - KAWO Arlington, WA

[1980Mooney]

34 minutes ago, aviatoreb said:

So we agree.  That law that I cited has sway in this case.

In the United States, the 1946 Supreme Court decision United States v. Causby overturned the common law doctrine that private property rights extend indefinitely upwards, instead ruling that they end 300 feet above the highest terrain (including buildings), the lower limit of the "public highway" defined by Congress in the Air Commerce Act of 1926.

Whether we agree or not that is the law.  My thought is, why is this law not nullifying this law suit immediately?

Pretty simple.  Because the aircraft's pollutants and its noise (and sometimes the aircraft) do not stay above 300 ft.  Some concentration of lead emissions, a known multisystem human toxin, make their way to the area in and around the airport.  Now the court has to get into the facts.  

This particular aircraft in the cited flight was flying Base to Final and got pretty low - well below pattern altitude of 1,000 ft.

[1980Mooney]

37 minutes ago, redbaron1982 said:

So can I shoot down a drone that's lower than 300ft?

From time to time we get roofing companies here with drones flying 20ft above my home taking pictures. 

 

3 minutes ago, aviatoreb said:

Sounds fine to me.

Good luck with that one...  Some local laws may prohibit, restrict or provide specific rules for drone flights over you house but the FAA does not restrict it.  You can file a claim with the city and take "civil legal action" against the owner of the drone (if you even know) if you think they are violating a local law but you can't legally shoot it down.

Can I shoot down a drone?

It is illegal to shoot a drone out of the sky, even when the drone is flying over private property. There are several reasons why shooting a drone is illegal:

• Shooting an aircraft is a federal crime
• Firing a weapon may be considered criminal mischief
• State and local laws may include additional restrictions for firing weapons
• Homeowners do not “own” the airspace above their properties
• Claiming self-defense is not a viable option
• The drone operator may sue the shooter in civil court

Under Title 18 US Code 32, the destruction of aircraft is a federal crime. The Federal Aviation Administration (FAA) classifies all types of drones as “aircraft.” Even recreational flyers are required to follow FAA regulations for flying in uncontrolled airspace.

Along with being charged with a federal crime, an individual who shoots down a drone may be charged with one or more state or local crimes. For example, many jurisdictions consider firing a weapon in public a form of criminal mischief. In some areas, the individual may also be charged with endangering the public or property crimes.

FAA Confirms Shooting A Drone Is A Federal Crime. So When Will U.S. Prosecute?

Can I Fly a Drone Over Private Property?

The Last Thing You Should Do If A Drone Is Invading Your Home's Privacy

 

[hammdo]

This should do the trick…

[aviatoreb]

Oh well - so it turns out I am not a lawyer - and happy to not be one.

Ok - as far as taking out drones - how about a trained pet eagle?