Why you shouldn’t try to shoot down a suspected drone

By Zoe Sottile, CNN

(CNN) — Mysterious possible drone sightings across the East Coast have prompted calls from civilians and some politicians to shoot down the unidentified aircraft.

But shooting at drones is dangerous and illegal – and may bring unintended consequences, according to federal officials and experts.

The possible drone sightings, which started in November in New Jersey, have caused anxiety and concern and led to pressure on federal agencies to provide more information. Residents across the Garden State have reported almost nightly sightings since, Republican New Jersey Assembly member Paul Kanitra told CNN, and sightings have also been reported in New York, Connecticut, Massachusetts, Pennsylvania and Virginia.

“While I understand the frustration that mystery drones may cause, taking matters into private hands by firing at drones creates significant dangers,” said Rick Smith, founder and CEO of Axon, which manufactures anti-drone technology.

Shooting down a drone could essentially “turn it into a missile,” said Smith, and large drones crashing on land could cause “severe property damage and injury.”

The risks of uncontrolled drone crashes could make “the situation far more dangerous than the drones themselves,” Smith said.

Smith’s comments echo those of Homeland Security Secretary Alejandro Mayorkas, who told CNN’s Wolf Blitzer on Friday that attempting to shoot possible drones from the sky “in and of itself would be dangerous.”

Mayorkas and FBI officials have said they believe many of the suspected drone sightings are actually manned aircraft being misidentified by civilians and that they have no evidence of any threat posed or any foreign involvement.

The Federal Aviation Administration, which registers and regulates drones in addition to other aircraft, told CNN in an email Sunday that private citizens shooting at any aircraft, including drones, “poses a significant safety hazard.”

“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,” wrote a spokesperson for the agency.

Smith, the CEO of Axon, also said if “shooting drones becomes normalized, it risks spiraling out of control.”

“People on the ground may not know which drones are authorized, such as first responder drones operated by local police or even delivery drones from companies like Amazon,” he said. “Without proper identification systems, the potential for chaos is enormous.”

Additionally, shooting at “small, dark objects like drones in the night sky” could lead to accidental harm, according to Vijay Kumar, the dean of engineering at the University of Pennsylvania.

Kumar, whose work includes research on drones and aerial robots, told CNN civilians trying to shoot at what they think are drones could lead to “missed shots, stray bullets, or accidents, potentially leading to hazardous outcomes far beyond the intended action.”

A drone shot down over a forest could start a wildfire, for instance, he said.

Additionally, people may inadvertently end up damaging drones with crucial purposes: Some drones are used by emergency services such as firefighters, search-and-rescue teams and law enforcement.

Fear and anxiety about drones, Kumar said, stems from their association with “science fiction-like scenarios where machines have autonomy, a concept that many find unsettling.”

“They are also linked to military operations, terrorism, or espionage,” he said. “Drones equipped with cameras and other sensors raise fears about being watched or questions about privacy.”

But images of reported drone sightings show aircraft that “operate with visible running lights, which suggests they follow rules,” Kumar added, saying most of the images he’s seen appear to show aircraft that would be registered with the FAA and operating legally.

‘Serious criminal consequences’

In addition to being dangerous, shooting at aircraft – whether drones or manned airplanes – is illegal across the country.

“Firing a weapon at what a person perceives to be a drone is a terrible idea for myriad reasons,” Andrew Stengel, an attorney and former New York City prosecutor, told CNN. “One of which is because there could be serious criminal consequences.”

It’s illegal under federal law to shoot at an aircraft, the FAA told CNN by email Sunday.

“Shooting at an unmanned aircraft could result in a civil penalty from the FAA and/or criminal charges from federal, state, or local law enforcement,” the agency said.

Federal law stipulates anyone who “sets fire to, damages, destroys, disables, or wrecks any aircraft” in US airspace is subject to fines or up to 20 years in prison.

In New York, Penal Law 265.35 prohibits discharging a firearm at any aircraft. The felony is punishable by up to 7 years in prison if someone’s life is endangered.

Stengel said people who attempt to fire at a possible drone could also face charges for reckless endangerment – which can be either a misdemeanor or a felony – and for criminal mischief if they damage a lawfully operated aircraft.

“If you do hit a piece of equipment, a drone, whatever, and it injures somebody, you could kill them,” he added.

“Whether it’s endangering people’s physical safety or damaging people’s property, it’s a terrible idea to fire a weapon at a drone,” he said.

And less aggressive methods of trying to interfere with aircraft are illegal, too. The FAA also told CNN it has received multiple laser reports from pilots in airspace spanning New Jersey, New York and Pennsylvania. They didn’t specify whether the reports were directly related to the possible drone sightings.

Pointing a laser at an aircraft is illegal under federal law. High-powered lasers can “completely incapacitate pilots who are trying to fly safely to their destinations and may be carrying hundreds of passengers,” the agency says on its website.

‘Shoot them down!!!’

Despite the dangers and legal consequences posed by shooting at aircraft, calls to shoot down possible drones have come from official sources, including the President-elect.

“Mystery Drone sightings all over the Country. Can this really be happening without our government’s knowledge. I don’t think so! Let the public know, and now. Otherwise, shoot them down!!!” Donald Trump posted on Truth Social on Friday.

US Sen. Richard Blumenthal, a Connecticut Democrat who sits on the Senate’s Homeland Security and Governmental Affairs Committee, said Thursday the aircraft “should be shot down, if necessary, because they’re flying over sensitive areas.” Some sightings have been reported over military bases as well as over critical infrastructure sites.

Similarly, US Rep. Chris Smith of New Jersey, a Republican, has said he’s working on legislation that would give local law enforcement jurisdiction over drones, including possibility the discretion to shoot them down, according to CNN affiliate WABC.

Mayorkas, asked about Trump’s post, told ABC’s George Stephanopoulos on Sunday, “We are limited in our authorities. We have certain agencies within the Department of Homeland Security that can do that, and outside our department, but we need those authorities expanded as well.”

The Department of Homeland Security has authority to deal with UAS – unmanned aerial systems – through the Preventing Emerging Threats Act of 2018.

Ryan Herd, the mayor of Pequannock Township, New Jersey, told CNN on Saturday he supports shooting down the drones over water – but not over land, as he believed it would be too risky.

“God forbid, one of these drones the size of a car crashes into your neighbor’s house and kills everyone,” he said.

Instead, he suggested officials focus on documenting the aircraft. “Let’s focus on getting clean pictures as good as possible, video, audio,” he said.

In New York, Gov. Kathy Hochul has called on the US Congress to pass the Counter-UAS Authority Security, Safety, and Reauthorization Act, which she said would “give New York and our peers the authority and resources required to respond to circumstances like we face today.”

The draft text of the law, sponsored by Republican Rep. Mark Green of Tennessee, says it would allow the FAA to “seize, exercise control of, or otherwise confiscate an unmanned aircraft system or unmanned aircraft.”

A source familiar with the national investigation previously told CNN the government has various strategies that can be deployed if a drone poses an imminent threat, but so far, they haven’t identified any threats.

Authorities have a number of technical capabilities to try to “defeat” a drone, including jamming a signal, disconnecting it from the operator or remotely “hijacking” it, but every option can pose numerous risks, the source said.

“Blowing it out of the sky is the last resort,” the source said.

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CNN’s Josh Campbell, Artemis Moshtaghian, Danya Gainor and Lauren Fox contributed to this report.