Originally Posted by
Sport_Pilot
Not so fast! The law 18 USC 32 was written in 1984 and it was never interpreted to include model aircraft or drones until the FAA decided that model aircraft and drones are aircraft. The following arguments can be made.
1. The law was not written to include model aircraft or drones.
2. The law was written to protect the people inside the aircraft. So it does not include drones because they do not carry people.
3. The FAA does not have jurisdiction in non navigable airspace over private property per Causby VS US.
There is some recent news about that old Kentucky case that could clarify this.
https://www.yahoo.com/news/whos-sky-...132753742.html
The last I understood, These were considered aircraft.
Here's a link to back that up a little.
https://www.justice.gov/usam/crimina...tage-18-usc-32
https://www.justice.gov/usam/crimina...urisdiction-us
What is an unmanned aircraft system (UAS)?
An unmanned aircraft system is an unmanned aircraft and the equipment necessary for the safe and efficient operation of that aircraft. An unmanned aircraft is a component of a UAS. It is defined by statute as an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft (Public Law 112-95, Section 331(8)).
[h=1]1405. Special Aircraft Jurisdiction of the United States[/h]
The special aircraft jurisdiction of the United States is a jurisdictional requirement for an aircraft piracy offense proscribed by 49 U.S.C. § 46502(a), as well as for interference with a flight crew member or attendant, in violation of 49 U.S.C. § 46504, the "enclave offenses" criminalized in that jurisdiction by 49 U.S.C. § 46506, and the destruction of aircraft and aircraft facilities offenses of 18 U.S.C. § 32(a). An aircraft is in the special aircraft jurisdiction of the United States only while the aircraft is "in flight."
Included in the special aircraft jurisdiction of the United States, while "in flight," are the following:(a) any civil aircraft of the United States;(b) any aircraft of the United States armed forces;
(c) any other aircraft in the United States;
(d) any other (i.e., foreign) aircraft outside the United States which: