A routine real estate shoot in Alabama took a dramatic turn when a photographer says someone fired a gun at his drone, sending a DJI Mavic 4 Pro crashing out of the sky.
Michael Gardner, a commercial drone pilot and owner of Deep South Aerial Photography, was photographing a home for a client near Lindsay Lane South in Athens on Aug. 29, when he heard what sounded like a gunshot.
Gardner told local TV station WAFF that he immediately looked at the controller and watched the live video feed go haywire as the drone began falling. He later recovered the aircraft after it was found about two houses away from the property he was photographing.
Gardner told 1819News that his flight logs showed the drone was about 250 feet above a wooded area when it was shot. He said he was maintaining visual line of sight, as required for his Part 107 operation.
The damage was extensive. Gardner said an examination of the wreckage indicated that a bullet struck one of the rear motors.
That could have been a much more serious problem, he warned.
The DJI Mavic 4 Pro uses a lithium-ion battery, and Gardner pointed out that shooting into a drone’s battery could potentially create a fire hazard as the aircraft falls. A drone brought down unexpectedly also creates an obvious risk to people, buildings, vehicles and other property below.
“It’s not so much a legal issue as it is a safety issue,” Gardner said, according to 1819News.
This is no ordinary camera drone
The Mavic 4 Pro Gardner was flying is DJI’s flagship consumer/prosumer camera drone, and its capabilities help explain why it is used for demanding commercial photography.
The aircraft features a triple-camera system built around a 100-megapixel 4/3 CMOS Hasselblad main camera. It can shoot up to 6K/60fps HDR video and offers up to 15.5 stops of dynamic range. Its other two cameras include a 70mm medium telephoto and a 168mm telephoto camera, giving photographers considerably more flexibility when shooting properties and surrounding areas from the air.
The Mavic 4 Pro also has DJI’s rotating Infinity Gimbal, which can rotate 360 degrees and tilt upward as much as 70 degrees. DJI rates the drone for up to 51 minutes of flight time, while its O4+ transmission system can provide video transmission of up to 30 kilometers, or about 18.6 miles, under specified conditions.
For a real estate photographer, however, the cameras are arguably the biggest attraction. The combination of a high-resolution wide camera and telephoto lenses allows a pilot to capture everything from broad property views to tighter architectural details without putting the drone directly over a house.
And that’s part of the misunderstanding Gardner says can occur when homeowners see a drone nearby. He explained that photographers sometimes need to move away from a house to get the right perspective for an aerial image. A drone appearing over or near a neighboring property therefore doesn’t necessarily mean the pilot is specifically trying to photograph that property.
Can you legally shoot down a drone over your property?
In short, no.
The FAA explicitly says private citizens cannot shoot at an aircraft, including an unmanned aircraft, and warns that doing so can create a serious hazard if the drone crashes into people or property. The agency says shooting at a drone could result in an FAA civil penalty and/or criminal charges from federal, state, or local authorities.
Federal law also makes the willful damaging, destroying, disabling or wrecking of certain aircraft a serious crime. Under 18 U.S.C. § 32, qualifying offenses can carry a fine and imprisonment of up to 20 years.
That doesn’t mean every drone shooting automatically results in a 20-year federal prosecution. The precise federal charge depends on the circumstances and the statute’s jurisdictional requirements. State and local laws can also come into play.
The FAA also makes clear that a homeowner doesn’t simply get to create their own airspace restrictions. Its guidance says a private “No Drone Zone” sign generally applies to the ground — such as prohibiting takeoff or landing from the property — not automatically to the airspace above it. Property owners can have other rights under trespass and privacy laws, and complaints about unsafe or intrusive drone operations should be directed to law enforcement rather than handled with a firearm.
Related: Retiree shoots down drone, faces legal fallout and $5,000 fine
This has happened before
Gardner’s case is not the first time a frustrated property owner has responded to a drone with a gun.
In 2021, Florida resident Wendell Goney shot down a Lake County Sheriff’s Office drone with a .22-caliber rifle while deputies were using it during a search of a 10-acre business property. Goney told deputies that he believed the drone was “harassing” him.
The case ultimately resulted in a federal prosecution. Goney, who was prohibited from possessing firearms because of his prior felony convictions, pleaded guilty to being a felon in possession of a firearm. In February 2024, he was sentenced to four years in federal prison.
Back in Alabama, Gardner says he has reported the latest incident to the Athens Police Department and contacted the FAA. As of the latest reports, authorities had not publicly identified the person who fired the shot.
For Gardner, the incident is also a reminder that drone pilots and property owners may be better served by communication than confrontation. His message is simple: If you have a problem with a drone, don’t reach for a gun. Contact the appropriate authorities and let them determine whether the flight is actually violating the law.
More: FCC drone ban could put America’s aerial light shows at risk
FTC: We use income earning auto affiliate links. More.
Comments