Can operating a drone illegally be a felony?

kgruber

kgruber

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I don't own or fly a drone.

I do, however, have my "Remote Pilot Certificate" (RPC) and am wondering if just operating contrary to an FAA reg (like out of sight) could be construed as a "felony?"

Or, what could one do with it that would be a felony?

Background: Us pilots know, for us, it is super easy to get the RPC, and I have an acquaintance that just bought a drone. He is woefully ignorant of the regs and really could care less. He will NEVER have an RPC.

I have a feeling that he is not alone in the drone owner's arena. It is his business, and I have already told myself to butt out...............but could he be charged with a felony for some little thing? How about operating in a TFR? Out of sight? Over populated areas?

If you have a felony you can't have a gun, right? Does someone come to your house and confiscate them?

Just questions going through my head this morning......
 
Mount a gun on it and make a hit. Use it to steal a sufficient amount of valuables.
 
Violation of FAA regs isn't going to be a felony.

It's possible something you do with a drone might be.
 
Violations of FAA regulations are generally civil in nature. However, it would be possible to operate a drone in a felonious manner, but you'd have to use it to commit another crime that is a felony.
 
Sac Arrow said:
Mount a gun on it and make a hit. Use it to steal a sufficient amount of valuables.
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You don't have to work that hard....

Intentionally fly it into someone.

Intentionally fly it into something valuable.
 
kgruber said:
Background: Us pilots know, for us, it is super easy to get the RPC, and I have an acquaintance that just bought a drone. He is woefully ignorant of the regs and really could care less. He will NEVER have an RPC.
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As long as he uses it for recreational purposes, he doesn't need a certificate.

Unless he willfully endangers anyone, the sanction for a first violation would be a 'stern talking to'. Next step up administrative fines. There are a few whiny drone pilot videos where they complain about the 10k fines for repeat violations.
 
kgruber said:
I don't own or fly a drone.

I do, however, have my "Remote Pilot Certificate" (RPC) and am wondering if just operating contrary to an FAA reg (like out of sight) could be construed as a "felony?"

Or, what could one do with it that would be a felony?

Background: Us pilots know, for us, it is super easy to get the RPC, and I have an acquaintance that just bought a drone. He is woefully ignorant of the regs and really could care less. He will NEVER have an RPC.

I have a feeling that he is not alone in the drone owner's arena. It is his business, and I have already told myself to butt out...............but could he be charged with a felony for some little thing? How about operating in a TFR? Out of sight? Over populated areas?

If you have a felony you can't have a gun, right? Does someone come to your house and confiscate them?

Just questions going through my head this morning......
Click to expand...

You can start here

49 U.S. Code CHAPTER 448—UNMANNED AIRCRAFT SYSTEMS

And this applies

49 U.S. Code § 44709 - Amendments, modifications, suspensions, and revocations of certificates
 
Thinking more about this...there is provision in the FAA regulations to escalate to a criminal action based on intentionally ignoring previous warnings, but that has to be really egregious and it's everyone, not just drones. I think the details are in FAA order 2150.3C, but there's too much going on to go look that right now.
 
Here are a few that will get some interviews with law enforcement: operating in a no fly zone such as within 15 miles of the Whitehouse, dropping some contraband in a prison yard or correctional facility, intentionally interfering with other aircraft, or intentionally interfering with a law enforcement operation.
 
bflynn said:
Thinking more about this...there is provision in the FAA regulations to escalate to a criminal action based on intentionally ignoring previous warnings, but that has to be really egregious and it's everyone, not just drones. I think the details are in FAA order 2150.3C, but there's too much going on to go look that right now.
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That order only applies to interference with flight crews.
 
But the section with regard to criminal penalties is limited to 49 USC 46504. The rest of the order deals with civil penalties and certificate actions. Nothing in an FAA order has the power to instigate criminal penalties.

The thing you might be thinking about is 49 USC 46316 which prescribes a fine when someone knowingly and willfully violates a regulation. It's not a felony.

There are a few specific crimes involving aviation: violation of national defense airpsace (not a felony), intentional interference with air navigation by false light or signal (that one is a felony), entering aircraft secure area (not a felony), running dark while transporting drugs (that's a felony), operating air transportation without a certificate (that's a felony), transporting drugs (felony in some cases.), interference with flight crew (felony).

Note, unlike the Constitutional sham that FAA enforcement really is, once you get to these crimes, it's the US Attorney and the real federal judiciary that is involved.
 
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Disclaimer: This is not legal advice. This is just me citing a few regulations and statutes. I am not an expert on UAS law. Draw your own conclusions:

1) A "small unmanned aircraft" is defined as an "unmanned aircraft" that weighs less than 55 pounds. 49 U.S. Code § 44801 - Definitions | U.S. Code | US Law | LII / Legal Information Institute (cornell.edu) Also, 14 CFR § 107.3 - Definitions. | CFR | US Law | LII / Legal Information Institute (cornell.edu)

2) An "unmanned aircraft" is defined as an "aircraft" that is operated without the possibility of direct human intervention from within or on the aircraft. See above links.

3) "Small unmanned aircraft" must be registered under the provisions of 14 CFR § 91.203. 14 CFR § 107.13 - Registration. | CFR | US Law | LII / Legal Information Institute (cornell.edu)

4) 14 CFR § 91.203 is the same regulation under which we register our aircraft that we fly as private pilots to go on $100.00 hamburger runs.

5) An "aircraft" may be registered under 49 U.S.C. § 44102 only if 1) it is not registered under the laws of a foreign country and is owned by a us citizen, legal resident, or U.S. corporation, or 2) it is owned by the US, a state, territory, Washington DR, or political subdivision. 49 U.S. Code § 44102 - Registration requirements | U.S. Code | US Law | LII / Legal Information Institute (cornell.edu)

6) If eligible under 49 U.S.C. § 44102, upon application by the owner, the FAA shall register the aircraft. 49 U.S. Code § 44103 - Registration of aircraft | U.S. Code | US Law | LII / Legal Information Institute (cornell.edu)

5) Little known fact: knowingly operating an "aircraft" knowing that it is without a valid registration under 49 U.S.C. § 44103 is a federal crime punishable by a fine and/or not more than 3 years in jail. 49 U.S. Code § 46306 - Registration violations involving aircraft not providing air transportation | U.S. Code | US Law | LII / Legal Information Institute (cornell.edu)

6) A felony is generally anything punishable by more than a year in jail.

So, did your neighbor register his UAS?
 
kgruber said:
.....Or, what could one do with it that would be a felony?.....
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I'm thinking of all kinds of things and many would be fun. If I ever get 'terminal' and don't really care that much if I spend the last few weeks in jail I just may do some of them.
 
There have been cases of violating FAA regulations that have resulted in criminal prosecution and prison time. There was one here recently in Iowa for a person that was flying an airplane without a license. Usually the FAA turns those cases over to the FBI.
 
cowman said:
I'm honestly surprised nobody has done this yet.
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Actually it has been done. Not in the commission of a crime yet to my knowledge. I will search for the YouTube video.
 
Sac Arrow said:
Actually it has been done. Not in the commission of a crime yet to my knowledge. I will search for the YouTube video.
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I've seen some of the shotgun on a drone videos before. Like I said, can't believe nobody has tried to use one to assassinate someone yet. I mean the military has already done proof of concept with billion dollar hardware, someone just has to make it work with hundred dollar hardware.
 
cowman said:
I've seen some of the shotgun on a drone videos before. Like I said, can't believe nobody has tried to use one to assassinate someone yet. I mean the military has already done proof of concept with billion dollar hardware, someone just has to make it work with hundred dollar hardware.
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No doubt.
 
Flying beyond line of sight should certainly NOT be a felony.
 
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