Can You Shoot Down Drones In NY? What To Know

NEW YORK— The mysterious drone sightings that have baffled residents of multiple states since mid-November are prompting a universal question: Is it legal to shoot down a drone in New York?

Here’s the short answer: It’s not, nor is it legal anywhere in the United States under federal law.

New York residents who violate federal law face criminal charges, civil penalties, or both.

The question was initially raised by U.S. Rep. Chris Smith, a Republican from New Jersey, where multiple sightings of the unmanned aircraft have been frustrating residents for weeks. Last week, Smith urged the Pentagon to authorize use of force to bring down drones after they were spotted tailing a Coast Guard vessel off the Jersey shore.

“Why can’t we bag at least one of these drones and get to the bottom of it?” Smith said.

The Federal Aviation Administration includes drones in its definition of aircraft under the Aircraft Sabotage Act, and it’s a federal offense to damage or destroy it, even if it’s flying over private property.

New York has its own law, Penal Law 265.35,which prohibits discharging a firearm at an aircraft. For those who are found guilty of the charge, a felony, the sentence is up to seven years in prison if someone’s life is endangered.

Also, if someone's property was damaged, that would mean a criminal mischief charge under New York State law; a reckless endangerment charge is also a possibility if there is a substantial risk of injury to another person, according to NYS penal law.

New York is among nearly a dozen Eastern states that have reported drones buzzing overhead, some flying alone or in pairs but also in a cluster of drones. Some are as large as an SUV.

Over the past few days, mystery drones have been reported across Long Island in both Nassau and Suffolk Counties, including near Brookhaven Laboratory, and on the North Fork.

Gov. Kathy Hochul on Sunday said that in response to her calls for additional resources, the federal government is deploying a state-of-the-art drone detection system to New York.

The runways at Stewart International Airport were shut down for about one hour Friday night because of drone activity in the airspace, Hochul said.