5 ms·

A Florida man who shot down a law enforcement drone faces 10 years in prison

14 points by fortran77 3y ago

fithisux 3y ago
If it was "harassing" him, he did the right thing.
anonymousiam 3y ago
There's currently a "split" between districts on whether or not banning ex-felons from gun possession violates the Second Amendment. It might eventually get decided by SCOTUS. If it goes his way, they'll need to find something else to charge him with, such as destruction of property, which would impose a lessor sentence. https://www.reuters.com/legal/government/us-appeals-courts-odds-felons-owning-guns-8th-circuit-upholds-ban-2023-08-31/ https://www.reuters.com/legal/government/us-appeals-courts-o...
- c420 3y ago
  It's illegal to shoot down a drone; second amendment issues aren't relevant. Even if the drone is flying over your property, it's still considered an aircraft by the FAA and homeowners don't own the airspace above their property. To directly address your argument though, firing a weapon in pubic is considered criminal mischief in many jurisdictions.
  - ffgjgf1 3y ago
    The main charge against him seems to be possession of a firearm, though. > firing a weapon in pubic is considered criminal mischief in many jurisdictions. Presumably if there is a drone flying sufficiently low inside your property you might be able to shot it with no legal repercussions.
    - everforward 3y ago
      > Presumably if there is a drone flying sufficiently low inside your property you might be able to shot it with no legal repercussions. I'm doubtful height alone is enough to permit you to shoot it down. Items you don't own being on property you do own doesn't give you the right to destroy them. I.e. you can't set your neighbor's car on fire if they park in your driveway. I would imagine you could shoot down a drone trying to harm you. I would be curious about whether you could net/EMP a drone that was stalking/spying on you. Removed the guns because it's irrelevant to the property damage issue I'm curious about.
- croes 3y ago
  So losing your voting rights after a felony doesn't violate your constitutional rights but banning gun possession does? Nuts. Seems like it's harder to vote in the US than getting a gun.
  - johngladtj 3y ago
    It should be.
    - croes 3y ago
      Why? It's one man, one vote not only certain man a vote
  - anonymousiam 3y ago
    There's no constitutional right to vote. The Second Amendment makes it clear that the government cannot infringe your right to bear arms. https://www.democracydocket.com/analysis/what-does-the-constitution-say-about-the-right-to-vote/ https://www.democracydocket.com/analysis/what-does-the-const... https://supreme.justia.com/cases-by-topic/gun-rights/ https://supreme.justia.com/cases-by-topic/gun-rights/
    - croes 3y ago
      That's even worse in a democracy.
      - halJordan 3y ago
        It's weird how the hivemind works. People frequently lament conspiracy theorists incredibly stupid. People frequently take as granted that Republican policies are fatally flawed by default. Or Democrat ones, pick your poison. And that the supporters thereof are either incompetent or cruel. But Madison says things like the masses are ignorant & we must guard against the tyranny of the majority and suddenly it's a travesty indicative of whatever flaw or vice is faddish. It's almost like you're the person Madison was afraid of.
throwawaysleep 3y ago
> 29 Florida felony convictions Why was this person out at all?
- ImPostingOnHN 3y ago
  You need at least 20 to call yourself a Florida Man
  - syeare 3y ago
    Look up your birthday and "Florida man", fun pastime when out with friends
ThePowerOfFuet 3y ago
Not for shooting it down, but for possessing a weapon as a felon (he admitted to having shot it down and thus being in possession of a weapon).
- tmm84 3y ago
  Even if he was legally allowed to have said firearm they would have got him for something else I’m sure. I wonder though, as a civilian how do I tell the difference between a law enforcement drone and the drone of Joe citizen?

14 points by fortran77 3y ago

If it was "harassing" him, he did the right thing.

There's currently a "split" between districts on whether or not banning ex-felons from gun possession violates the Second Amendment. It might eventually get decided by SCOTUS. If it goes his way, they'll need to find something else to charge him with, such as destruction of property, which would impose a lessor sentence. https://www.reuters.com/legal/government/us-appeals-courts-odds-felons-owning-guns-8th-circuit-upholds-ban-2023-08-31/ https://www.reuters.com/legal/government/us-appeals-courts-o...

c420 3y ago
It's illegal to shoot down a drone; second amendment issues aren't relevant. Even if the drone is flying over your property, it's still considered an aircraft by the FAA and homeowners don't own the airspace above their property. To directly address your argument though, firing a weapon in pubic is considered criminal mischief in many jurisdictions.
- ffgjgf1 3y ago
  The main charge against him seems to be possession of a firearm, though. > firing a weapon in pubic is considered criminal mischief in many jurisdictions. Presumably if there is a drone flying sufficiently low inside your property you might be able to shot it with no legal repercussions.
  - everforward 3y ago
    > Presumably if there is a drone flying sufficiently low inside your property you might be able to shot it with no legal repercussions. I'm doubtful height alone is enough to permit you to shoot it down. Items you don't own being on property you do own doesn't give you the right to destroy them. I.e. you can't set your neighbor's car on fire if they park in your driveway. I would imagine you could shoot down a drone trying to harm you. I would be curious about whether you could net/EMP a drone that was stalking/spying on you. Removed the guns because it's irrelevant to the property damage issue I'm curious about.
croes 3y ago
So losing your voting rights after a felony doesn't violate your constitutional rights but banning gun possession does? Nuts. Seems like it's harder to vote in the US than getting a gun.
- johngladtj 3y ago
  It should be.
  - croes 3y ago
    Why? It's one man, one vote not only certain man a vote
- anonymousiam 3y ago
  There's no constitutional right to vote. The Second Amendment makes it clear that the government cannot infringe your right to bear arms. https://www.democracydocket.com/analysis/what-does-the-constitution-say-about-the-right-to-vote/ https://www.democracydocket.com/analysis/what-does-the-const... https://supreme.justia.com/cases-by-topic/gun-rights/ https://supreme.justia.com/cases-by-topic/gun-rights/
  - croes 3y ago
    That's even worse in a democracy.
    - halJordan 3y ago
      It's weird how the hivemind works. People frequently lament conspiracy theorists incredibly stupid. People frequently take as granted that Republican policies are fatally flawed by default. Or Democrat ones, pick your poison. And that the supporters thereof are either incompetent or cruel. But Madison says things like the masses are ignorant & we must guard against the tyranny of the majority and suddenly it's a travesty indicative of whatever flaw or vice is faddish. It's almost like you're the person Madison was afraid of.

throwawaysleep 3y ago

> 29 Florida felony convictions Why was this person out at all?

ImPostingOnHN 3y ago
You need at least 20 to call yourself a Florida Man
- syeare 3y ago
  Look up your birthday and "Florida man", fun pastime when out with friends

ThePowerOfFuet 3y ago

Not for shooting it down, but for possessing a weapon as a felon (he admitted to having shot it down and thus being in possession of a weapon).

tmm84 3y ago
Even if he was legally allowed to have said firearm they would have got him for something else I’m sure. I wonder though, as a civilian how do I tell the difference between a law enforcement drone and the drone of Joe citizen?