Wednesday, February 5, 2025

From Lawfare: Are Domestic Drone Shoot-Downs Lawful?

This question involves the relationship between the three levels of government. It begins: 

There are significant gaps in federal, state, and local governments’ authorities to intercept drones, though some fixes are on the table.

 - Click here for the article

. . . drone usage in the United States is only likely to increase in the months and years ahead. As a result, questions about whether and how federal, state, and local authorities can intercept or otherwise immobilize such drones are likely to persist.

During the recent spate of “sightings,” various U.S. officials supported shooting down drones found flying in U.S. airspace. New Jersey representatives were apparently “the first to call for the drones to be shot down.” Federal elected officials also demanded action. Sen. Richard Blumenthal (D-Conn.) said that authorities should “take them out of the skies, especially if they’re flying over airports or military bases.” President Trump and Rep. Marjorie Taylor Greene (R-Ga.) similarly suggested that the drones be shot down. Various actors have floated different options for actually engaging drones, ranging from the use of directed energy systems to signal interruption to physical nets.

What authorities to immobilize drones do U.S. federal, state, and local officials currently have, and—assuming Americans want at least some of those actors to have that authority—where are the gaps?