Can You Legally Shoot Down a Drone If It Is Over Your Property in New Jersey?
The Holidays are here for New Jersey and so are the Drones! The reports of drones across the Garden State continue to make national headlines. At this point, there is no information regarding their owners, their purpose or their place of origin. While many have speculated that this is a military operation or some test of emergency readiness, there is no clear answer.
Federal, State and Local leaders continue to demand information as their offices receive phone calls, email and text messages from concerned citizens. Many have asked about their legal rights regarding drones—specifically if they can shoot it down or attempt to disable it if it over their property in New Jersey
The short answer is NO. Under Federal Law, Drones are considered aircraft and shooting it down or otherwise attempting to destroy/disable it is a federal crime under Title 18 of the United States Code Section 32. It doesn’t matter if the drone is flying over your property or not. Homeowners do not own the airspace over his or her property. All space over land is considered National Airspace. If person is found guilty of shooting down a drone, he would face the following
- Prison time could be up to 20 years.
- Fines could be up to $250,000.
- Shooters could also be on the hook for civil liabilities for property or personal damage, which could be in the millions depending on the extent of damage.
Is it a Crime to shoot down a drone under New Jersey State Law?
Unlike the Federal System, New Jersey doesn’t have a law specifically targeting aircraft or drones. A person, however could face state prosecution for the following in the Garden State
- Possession of a Firearm for unlawful purposes – 2C:39-4
- Criminal Mischief- 2C:17-3
What is Possession of a Firearm for an Unlawful Purposes in New Jersey
In New Jersey, any person who possesses a gun or firearm with a purpose to use it unlawfully against the person or property (like a drone) of another is guilty of a crime of the second degree. Crimes of the Second Degree in New Jersey carry with them a presumption of State Prison of up to 10 years! Further, there is a 42 month mandatory minimum sentences associated with this felony crime.
In addition, a person could also face prosecution for unlawful possession of a handgun or firearm if he or she did not have a permit to legally possession the gun under 2C:39-5(b). This crime, like possession for an unlawful purposes falls under New Jersey’s Graves Act. If you’re convicted under New Jersey statute 2C:39-5(b), you are guilty of a second degree crime.
A New Jersey Judge has no discretion and must sentence you to a term of 5-10 years in New Jersey state prison. You are ineligible for parole for at least three years and so you have to serve the minimum of three years of this sentence. If it is your second attempt you are looking at a 5-10 year mandatory minimum sentence with no parole eligibility until that 5 year minimum.
How is Criminal Mischief Defined in New Jersey?
Criminal mischief under New Jersey’s Crimes Code is very similar to Pennsylvania undersection Section 2C:17-3. The crime is a 3rd degree offense if the person charged and convicted causes a loss of $2,000 or more. It is a crime of the 4th degree if the loss is between $500 and $2,000 and in all other cases criminal mischief in the Garden State is a disorderly person’s offense if the loss is $500 or less. Again, it is very important to understand that your criminal defense lawyer in New Jersey must evaluate all possible and non-trial options in these cases.
Criminal mischief in New Jersey, like Pennsylvania, is a crime of the 3rd degree if the acter causes or interrupts a public communication, transportation or utility. This could occur if one shot down a drone and it caused interruption of public services like knocking out power in an area.
Unlike Pennsylvania, New Jersey does not classify crimes as felony and misdemeanor, but rather crimes and offenses. Offenses are handled in New Jersey’s Municipal Court while crimes are handled in New Jersey’s Superior Court (crimes of the 1st, 2nd, 3rd, and 4th degrees).
Our law wishes you and your family a Happy Holiday Season!
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