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Originally Posted by Steve Dallas
I agree that you have a right to guns on your property.
Strictly speaking, though...you do not own the minerals under it NOR the air over it.
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Not 100% accurate. Mineral rights typically have to be signed away for you to not own them.
http://www.zillow.com/blog/does-prop...e-land-143382/
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Originally Posted by Steve Dallas
That is called airspace, and is regulated differently. A drone or plane over your property is technically not ON your property.
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Property Rights of Airspace for Dummies disagrees:
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Originally Posted by Dummies
An entry into another’s airspace is a trespass even if the trespasser doesn’t touch the surface of the earth. Airplanes may trespass by flying low over a person’s property, for example. An airplane trespasses by flying low enough over the surface to interfere with the owner’s reasonable use and enjoyment of her surface.
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They go on to mention that if you don't have restrictions to build to a certain height then you own that air up to public air space (mentioned in the article).
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Originally Posted by Steve Dallas
There are exceptions to this, as some airspace is restricted or military.
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Public airspace is mentioned in the above referenced article.
http://www.dummies.com/how-to/conten...-airspace.html
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Originally Posted by Steve Dallas
That being said, there are laws against encroaching or bothering people...shooting at air traffic above your house, however, is against FAA regulations. If a helicopter was hovering 1000 feet over your property, would you shoot at it? No, and it's likely you would go to prison for a LONG time if you did so. The better option is to call police (or the FAA) and report it.
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Agreed, but that's in public airspace.
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Originally Posted by Steve Dallas
Just shooting at ANY aircraft over your house would be risky as far as as how they could and would penalize you. Even the guy that shot at that quad had to go to court and pay fines over what he did. The pilot is currently suing him for the damages to his quad, and is likely to win that since he has evidence he wasn't even over the guys house.
http://www.cnet.com/news/man-shoots-...ng-over-house/ |
If I am understanding the For Dummies article correctly, then you are correct for this case... Since the drone was not over the property it was not trespassing and the shooter is at fault there.