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is a drone a aircraft or can you shoot it down??

But if your over YOUR property and they shoot it down (falls on YOUR property) all the proof you need! No? Just don't fly over theirs.
Ya man...
I live on 3 acres but I like to fly ldf so flying over my property is boring. .
plus I was avoiding her place but she was still shooting. .
it's a no win situation. ..
thanks for all the support from the pilots on this thread..
I appreciate it!!!!
turbo. ..
 
3 acres! and your bored? OMG I'm afraid to fly this thing in my backyard 100sq ft with trees, over hangs from awnings, etc...LOL I only hover. Yeah probably best to keep the peace. But you're moving, yes? so hopefully you'll have a better experience in your new place. :)
 
Generally I like to fly within a quarter mile radius from my house when I'm testing firmware or whatever, but I enjoy flying ldf the most...
lately I haven't ventured out far because I'm not that confident in the latest updates,and affraid someone will shoot it down...
Yes I'm moving but hopefully I'll be here in the foothills. .
I'm sure it's going to be the same anywhere in a rural area so at least I know what to expect. ..
It takes more skill to fly low than high so it sounds like you're gaining valuable stick time...
I hope your enjoying your i1 at any rate! !
Fly strong! !!
Turb. ..
 
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First I thought it was you Turbo but...

http://arstechnica.com/tech-policy/...ors-hexacopter-in-rural-drone-shotgun-battle/

Man shoots down neighbor’s hexacopter in rural drone shotgun battle
"I also ask you the courtesy of not shooting live ammunition in our direction."


by Cyrus Farivar - Jun 27, 2015 10:05am PDT
DSC06180-640x427.jpg

This is the drone in question.
Eric Joe
While we’ve heard of consumer drones getting in the way of commercial airliners and obstructing firefighting operations, we haven’t heard of many drones being shot out of the sky by a neighbor. But according to one drone pilot, that's exactly what occurred in Modesto, California on November 28, 2014.

That day, Eric Joe skipped Black Friday lines and instead went home to visit his parents. During the afternoon, Joe flew what he described to Ars as a homemade hexacopter drone. His aerial device hovered low and moved slow, logging just three and a half minutes of flight time in total.

Then, bang. A loud boom rang out over the neighboring walnut trees. Growing up on a farm, Joe instantly recognized the sound as a 12-gauge shotgun. The unknown shooter hit his apparent target in a single attempt, and Joe soon watched his drone fall from the sky.

"When I went out to go find it, I saw him come out shotgun-in-hand," Joe told Ars by phone on Thursday. The man found himself face-to-face with his parents’ neighbor, Brett McBay.

"I asked: ‘Did you shoot that thing?’ He said, ‘Yeah, did we get it?’"

Joe claimed that McBay said: "I thought it was a CIA surveillance device." No matter the reason, the drone pilot wanted to resolve this encounter quickly and civilly ("I didn't want to get argumentative with a guy with a shotgun," Joe said). He went back inside and inspected the aircraft. It wouldn't be flying again. Later that evening, the two men exchanged e-mails.

Joe started the conversation:

It was nice to meet you and your son. I wish it could have been under different circumstances, but I have to give credit to the McBay school of marksmanship. Still, I'm pretty bummed that I just built this hexacopter only to have it shot down. Also, it was a little disconcerting to know that the spread of the birdshot/buckshot was in my direction. In any case, I had a chance to test the components of the downed hexacopter. Good news is that the more expensive components (on the inside of the frame) are in tact. Stuff on the outside of the frame took the most damage.

Joe included an itemized list of the damaged parts, which rounded up to an even $700.

McBay responded:

With all do [sic] respect $700 dollars seems excessive. Perhaps in SF it's normal for folks to have drones hovering over their property but we live in the country for privacy. I will be willing to split the cost with you but next time let us know your testing surveillance equipment in our area. I'll drop a check of [sic] this afternoon.

Joe wrote back:

I'm sorry, but I must insist on full payment for equipment you damaged, as you shot it when it was above my property. The aircraft's GPS data positions it clearly above our orchard. Additionally, the hexacopter crashed next to our driveway, ~203 feet (per Google Maps) from the dirt road that separates our respective properties.

I also dispute your characterization that I was "testing surveillance equipment." There was no camera on the hexacopter, and had a camera been mounted, the price for repairs would have been an extra $300. Just as you asked me to give the courtesy of notifying you of my flying activities, I also ask you the courtesy of not shooting live ammunition in our direction. This is the third time discharge from your firearms has hit our house and property. The first incident left a bullet hole in the door by our garage. The second incident occurred last Thanksgiving when birdshot from your skeet shooting activities rained into our backyard. The third, of course, being what we're currently discussing.

I'm hoping to resolve this in a civil manner. An entirely new rig would have cost $1500. Instead, I'm just asking that you pay for what you broke. Let me know if you wish to discuss further.

Three minutes later, McBay replied. "Your facts are incorrect, I'm considering the matter now closed."

Joe disagreed. In early 2015, he filed a case in a Stanislaus County small claims court. Late last month, the court found in his favor.

"Court finds that Mr. McBay acted unreasonably in having his son shoot the drone down regardless of whether it was over his property or not," the Stanislaus County Court Small Claims Division found.

Joe won $850, but McBay has yet to pay. If McBay does not pay by the end of the month, Joe and his attorney told Ars that they will pursue further legal action to collect the money.

"We don’t believe that the drone was over McBay’s property—we maintain that it was briefly over the shared county access road," said Jesse Woo, Joe's cousin and attorney. "But even if it did, you're only privileged to use reasonable force in defense of property. Shooting a shotgun at this thing that isn't threatening your property isn't reasonable."

McBay did not respond to Ars’ repeated attempts to reach him by e-mail, phone, and text message.
 
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Here is a case that happened local to me in Modesto where a drone got shot down, drone owner took the guy to court and WON.... (well based on today's laws).

http://gizmodo.com/this-guys-neighbor-will-pay-for-shooting-down-his-drone-1714496464


Now what is not being posted in this article is that the drone owner also filed a complaint with the Sheriff and now the "good shot" with the gun is also facing criminal charges as we speak for several things including shooting a weapon into the air and also shooting at an object (privately or commercially owned, manned or unmanned) in controlled airspace (As per current FAA regulations anything 50 ft or above a persons property).

Also talked with my contact at the FAA today and he stated that the ONLY current federal regulations in place for models are based under Section 336 of Public Law 112-95 (the FAA Modernization and Reform Act of 2012). Aside from any local state laws etc.... but shooting anything out of the air is just plain stupid... and dangerous!!!!
 
Another little quote from another article regarding this---

"In its judgement, the California court found that Mr McBay "acted unreasonably" in shooting the craft whether it was over his property or not, revealed a story about the incident in Ars Technica.

The court awarded Mr Joe $850 (£540) damages but Mr McBay has yet to pay up. If the cash was not handed over by the end of June, Mr Joe said he would take further legal action to get the money.

Mr McBay has not responded to requests for comment from the BBC or other media organisations.

Mr Joe's drone was not the first to be be shot down. There have been several other cases in the US of people shooting drones even though the Federal Aviation Agency has explicitly stated that it is illegal to do so."
 
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Unfortunately I don't think there is much leverage even in small claims court to get money out of someone even if the case is found in your favor. He may end up spending as much in legal fees to collect the money as is what he is owed.
 
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He actually recovered legal fees as well. Fortunately it only suffered minor damage so it was significantly less than it could of been. As the drone that was shot at is I think $8k retail before the cost of the camera (If I heard correctly Canon 5d '$5k for the body plus lens cost') it could of easily gone much farther than small claims.
 
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You can't get blood out of a turnip. ...
been through small claims a couple of times and have received judgments that I've never been able to collect. ..
A complete waist of time...
I wonder why the police officer in my case didn't do anything about the people shooting. .my neighbor made a complaint because lead flew over his head as well as mine...
I'm not sure why the faa hasn't called me back either..
I wouldn't think id have to call them three times...
I can't afford to risk flying around here anymore. ..
thanks for the positive posts and feedback along with the kind words...
turb...
 
He actually recovered legal fees as well. Fortunately it only suffered minor damage so it was significantly less than it could of been. As the drone that was shot at is I think $8k retail before the cost of the camera (If I heard correctly Canon 5d '$5k for the body plus lens cost') it could of easily gone much farther than small claims.
Wasn't he "awarded" legal fees? If so, that is different than "recovered" (actually collected/payed) legal fees.
 
Yeah since this was written he has been paid..... from my understanding he was issued payment over the weekend. He is part of a local RC flyers club here and I talk with a few of these guys. Not the club im having issues with however. lol
 

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