Unexplained drone sightings seem to be occurring more often. What happens when you shoot one down?
Drones are common in today’s world. Amazon uses them for deliveries. Dominos uses them to get pizzas to customers. And in 2024, Americans throughout the East Coast of the United States reported large numbers of SUV-sized drones operating in the night sky. The Pentagon denied (and as of the writing of this article continues to deny) any involvement. Many speculate that the drone sightings were simply a large-scale friendly military exercise and that there was no threat to residents of the United States.
But drones can be scary. We’ve seen bombs strapped to them in Russia and Ukraine, and then watched as those drones were used to blow up tanks, enemy soldiers, and buildings. While there’s no indication the drones that appeared over the East Coast were armed, it’s clear that it’s not exceptionally difficult to do so.
So what are you supposed to do when drones show up above your house? Shooting them down is a terrible, illegal idea. Contacting local law enforcement is the obvious first step to take when facing this situation. We absolutely advise our clients against taking matters into their own hands, as this will almost certainly result in some sort of trouble. Unfortunately, that trouble typically includes both state and federal criminal charges.
Van Severen Law Office, S.C. is a criminal defense law firm based in Milwaukee, WI. We operate offices throughout Wisconsin and represent individuals facing all misdemeanors and felonies throughout the state. If you’re charged in connection with a drone incident, or any other criminal incident, contact us for help. You can reach us 24/7 at (414) 270-0202.
Florida man shoots down a Walmart drone.
On June 26, 2024, 72-year-old Dennis Winn of Lake County, FL was cleaning his pool when he reported hearing a “whirring” noise from the sky. Winn spotted a drone above his home and retrieved his 9mm handgun from the house. He fired once, hitting the drone, which then retreated from the area.
The drone was operated by a third-party contractor working with Walmart to deliver packages. Drone operators were in the area conducting mock deliveries and preparing for service in the neighborhood. The drone was not armed and was 75 feet in the air when Mr. Winn shot it. Mr. Winn legally possessed the firearm and had no criminal record.
Mr. Winn was arrested for various Florida charges, including shooting or throwing a deadly missile into dwellings, vessels, or vehicles, criminal mischief above $1,000.00, and discharging a firearm in public or on residential property. He was eventually allowed to enter into a legal agreement similar to a “no contest” plea and was required to pay a $5,000.00 fine. Mr. Winn will serve no jail time if he’s is not charged with any new crimes for six months after the plea.
It’s clear that prosecutors and police considered Mr. Winn’s advanced age and life without a criminal record when pursuing charges against him. Other individuals facing charges for shooting a drone down likely won’t be as lucky, and probably won’t face a simple $5,000.00 fine.
Federal law prohibits shooting at drones – 18 U.S. Code § 32
18 U.S. Code § 32 (destruction of aircraft of airport facilities) prohibits shooting down drones on a federal level. The law indicates:
(a) Whoever willfully—
(1) sets fire to, damages, destroys, disables, or wrecks any aircraft in the special aircraft jurisdiction of the United States or any civil aircraft used, operated, or employed in interstate, overseas, or foreign air commerce;
But is a drone an aircraft? Of course it is. “The term “aircraft” means a civil, military, or public contrivance invented, used, or designed to navigate, fly, or travel in the air.” (18 U.S.C. § 31(a)(1))
This a federal penalty, and carries with it a maximum possible sentence of 20 years in prison, an unspecified fine, or both. While it’s certainly safe to say that shooting down an airplane will receive a different penalty that shooting down a drone, this is still an incredibly, significant penalty. Mr. Winn was not charged federally, but he could have been.
Wisconsin state laws that prohibit shooting down drones
There are a few state laws that prohibit shooting down drones in Wisconsin.
- Let’s start with the easy one: disorderly conduct. Mr. Winn faced chages for a Florida law called criminal mischief, which is similar to Wisconsin’s disorderly conduct statute. A Class B misdemeanor, punishable by up to 90 days in jail and $1,000.00 in fines, disorderly conduct law states:
- Whoever, in a public or private place, engages in violent, abusive, indecent, profane, boisterous, unreasonably loud or otherwise disorderly conduct under circumstances in which the conduct tends to cause or provoke a disturbance is guilty of a Class B misdemeanor.
- Endangering safety by use of a dangerous weapon is a Class A misdemeanor in Wisconsin, carrying a maximum penalty of 9 months jail, $10,000.00 in fines, or both. The relevant portion of the statute indicates that it’s a crime “Endangers another’s safety by the negligent operation or handling of a dangerous weapon.” Certainly whether this charge applies will depend on the circumstances of the shooting – was this in an urban area? Were other people around?
As of January 2025, Wisconsin does not have a specific law prohibiting shooting at an aircraft or drone. That’s certain to change as drones, and incidents involving them, become more common.
Contact Van Severen Law Office, S.C. regarding your criminal charges
Hopefully you’ve read this blog post before deciding to shoot down a drone. But if you haven’t, that’s where giving us a call becomes even more important. We’re criminal defense attorneys, and representing individuals facing criminal charges is all we do. This includes criminal charges for shooting down drones, and includes all criminal offenses throughout Wisconsin.
You can contact us 24/7 at (414) 270-0202. Importantly, we offer free consultations to potential clients. If you’re facing charges for shooting down a drone, you’re probably frustrated and want to talk about the fact that a drone encroached on your property. We understand where you’re coming from, and we understand how the law can feel unfair sometimes. It’s these issues, along with any questions or concerns, that we’ll address during your free initial consultation.
Finally, isn’t it a crime for people to fly drones over my house and invade my privacy?
Absolutely. Section 942.10 of the Wisconsin Statutes prohibits drone-operators from engaging in certain conduct that impacts your privacy. The law indicates:
942.10 Use of a drone. Whoever uses a drone, as defined in s. 175.55 (1) (a), with the intent to photograph, record, or otherwise observe another individual in a place or location where the individual has a reasonable expectation of privacy is guilty of Class A misdemeanor. This section does not apply to a law enforcement officer authorized to use a drone pursuant to s. 175.55 (2).
Van Severen Law Office, S.C. defends individuals accused of violating the law. We do not prosecute crimes, and cannot assist you if you’re the victim of a crime. Instead, contact local law enforcement or your county district attorney if you’d like to discuss how you’re the victim of a crime.