Shooting down drones is banned federally.
A bill has been filed in the Texas House that would allow a property owner to disable, destroy, or damage unmanned aircraft flying over their property — both a pressing concern for any Texans who have experienced an unidentified object flying over their home, and a bilateral potential threat to public safety.
Rep. Jeff Leach’s (R-Plano) House Bill (HB) 2916 plays off of Sections 28.03 and 28.04 of the Texas Penal Code, which outlines what constitutes an illegal action when destroying other individuals’ property — asserting that taking down an unmanned aircraft, like a drone, is an affirmative defense when it crosses property lines.
Three requirements must be met according to HB 2916 for shooting down a drone to be considered an affirmative defense: that the flying object must have been on property “owned or legally occupied by the person,” that it was shot down using a “firearm legally possessed by the person to disable, damage, or destroy an unmanned aircraft that the person did not authorize to be on or over the property,” and that the person had not previously been “prohibited from discharging the firearm” under the penal code or “dedicatory instrument governing use of the property.”
By Mary Elise Cosgray