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Forbes
Forbes
16 Dec 2024


Politicians have raised alarm over alleged drone sightings sweeping East Coast states, with the governors of New York and New Jersey calling for federal legislation that would give federal, state and local governments greater authority to respond to drones—including by shooting them down. (Here are the latest updates on the drone sightings.)

Governor Kathy Hochul speaks during the press briefing with...

New York Gov. Kathy Hochul has called for legislation allowing states to respond to drone threats. ... [+] (Photo by Lev Radin/Pacific Press/LightRocket via Getty Images)

Pacific Press/LightRocket via Getty Images

Gov. Kathy Hochul, D-N.Y., is pushing Congress to pass the Counter-UAS Authority Security, Safety, and Reauthorization Act, which would renew the Department of Homeland Security’s soon-to-expire ability to track and investigate drones, and require it to give state law enforcement the power to operate their own drone mitigation programs, which could include the ability to “disrupt control of, disable, damage, or destroy” drones.

States lack the ability to respond to drone threats, as these powers lie with federal agencies—mainly the Department of Homeland Security.

The act—which would also require federal agencies to share threat information collected from drone mitigation with state and local governments—was introduced in the House in June by Rep. Mark Green, R-Tenn., but has not yet faced a vote.

Gov. Phil Murphy, D-N.J., has recently pushed for Congress to pass the Safeguarding the Homeland from the Threats Posed by Unmanned Aircraft Systems Act, a bill introduced in the Senate last year that would renew the Department of Homeland Security and Department of Justice’s power to intervene if drones appear to pose a threat, including by seizing, confiscating or destroying drones.

Senate Majority Leader Chuck Schumer, D-N.Y., said Sunday he would co-sponsor and “help pass” the act, which would also give state and local law enforcement the ability to use DHS-approved technology to track, disable and destroy drones.

Secretary of Homeland Security Alejandro Mayorkas echoed calls for Congress to delegate authority to state and local governments to address drone threats, stating in an ABC News interview Sunday federal resources are “limited” and hampered because state and local authorities do not have the ability to respond to drone threats themselves.

Other politicians have vowed to work on legislation that has not yet been introduced, including Rep. Chris Smith, R-N.J., who said Saturday he is drafting legislation that would give state and local governments authority to bring down drones, asking: “Why can’t we bag at least one of these drones and get to the bottom of it?”

Murphy and Mayorkas warned the federal government’s authority to respond to apparent drone threats would end on Dec. 20, the day the government is set to shut down barring a funding bill, and the day the government’s drone authority lapses, which was established with the Federal Aviation Administration Reauthorization Act of 2018. “State and local law enforcement entities lack the authority and capability to counter and mitigate UAS, which would significantly hamper our ability to understand what is happening, so it is of utmost importance that this language is reauthorized in a timely manner,” Murphy wrote to President Joe Biden and congressional leaders last week. While lawmakers race to reach a deal to fund the government, House Speaker Mike Johnson, R-La., said Congress may pass a “temporary measure” that would extend the shutdown deadline into early next year.

It is illegal and dangerous for private citizens to shoot down drones, but proposed legislation may give the government greater authority to do so. The Safeguarding the Homeland from the Threats Posed by Unmanned Aircraft Systems Act would give the federal government, as well as state and local governments, authority to “use reasonable force, if necessary, to disable, damage, or destroy the unmanned aircraft system or unmanned aircraft.” Some politicians have called for the drones to be shot down, including President-elect Donald Trump. But others have warned against shooting down suspected drones, including Mayorkas, who said it would be “dangerous.” Rick Smith, CEO of anti-drone technology company Axon, said shooting down drones effectively turns them into a “missile” that could cause “severe property damage and injury” upon landing. The FAA said private citizens shooting down drones could lead to “civil penalty from the FAA and/or criminal charges from federal, state or local law enforcement.”

Mysterious drones of unknown origin have reportedly been spotted in the skies in several East Coast states in recent weeks, including New York, New Jersey, Connecticut, Pennsylvania, Maryland and more. Though the apparent drone sightings have sparked national concern, the government has maintained there is no indication these drones pose national security threats. In a joint statement on Dec. 12, the Department of Homeland Security and FBI denied that drone sightings in New Jersey posed any national security risk, while Mayorkas said over the weekend there is “no foreign involvement” that has been identified. Little is known about the drones, including where they originated from and who is operating them, and state and local politicians have urged the federal government to share details from ongoing investigations into the drones. An FBI official said at a White House press briefing fewer than 100 of 5,000 reported drone sightings were deemed worthy of further investigation, suggesting people may be mistaking airplanes for drones. A New York airport briefly shut down over the weekend following a drone sighting, while two men were arrested in Boston for flying a drone “dangerously close” to an airport.

Mystery Drones Over New Jersey And Nearby States: Drones Shut Down Ohio Air Force Base For Hours (Updated) (Forbes)

New Jersey governor wants more federal resources for probe into drone sightings (Associated Press)

Hochul is latest governor to ask Biden to step in on mystery drones (Axios)