Worth knowing about drones: Is shooting with an airgun allowed?

More and more people are buying a drone to be able to take spectacular pictures of their surroundings. The world’s largest manufacturer of civilian drones DJI from China is at the forefront. In Germany, the rules for using drones are currently contradicting one another, so the question may arise as to whether a drone can be used outside of an airfield. Currently there is only a request to the federal states not to open criminal proceedings against long-distance drone pilots if they control their drone outside of an airfield. These contradictions are only to be resolved with an upcoming revision of the Air Traffic Act. For some residents, flying with unmanned aerial vehicles goes too far. Various Court judgments show what is allowed.

When can you shoot down a drone?

In 2015, a woman was harassed via drone. In sunny weather, she was lying on a sun lounger in the garden when she noticed a drone hovering a few meters above her sun lounger. With the help of a lawyer, the property owner demanded a cease-and-desist from the drone pilot and the submission of a cease-and-desist declaration with a penalty. The defendant denied both claims, claiming that it was not his drone. The Potsdam District Court upheld the lawsuit in its entirety. In this way, the woman’s general right of personality was violated. This includes, for example, the right to privacy, i.e. a highly personal retreat that may not be entered by others. The drone may fly, but you must first obtain explicit permission.

In Riesa, a man shot down a drone with an airgun as it hovered over his property. The Riese district court acquitted the shooter. At the time of the overflight, two of the defendant’s little daughters were in the garden and were filmed via drone. In addition, the defendant’s wife was followed with the drone as she was disposing of the garbage. After the man tried unsuccessfully to drive the pilot away by shouting loudly, the plaintiff shot down the drone. As in the case in Potsdam, general personal rights were violated. According to Paragraph 201a of the Criminal Code the drone pilot has committed a criminal offense by not authorizing the recording of people in a highly personal living space.

Such retreats also include a garden protected from view by high hedges. Live recording is prohibited, as is saving the images. With the Emergency paragraph 228 BGB one may damage someone else’s property if this serves to avert an impending danger to oneself or another and only if the damage/destruction represents the mildest tangible means. However, the damage caused must not be disproportionate to the danger. An alternative would be to call the police, but it can take too long to get to the perpetrator. If, on the other hand, a property is visible from public space, you can’t just shoot down a drone. From 2024, new guidelines for drone owners will apply within the EU.

Also worth reading: Drones: CE classes and new rules will apply from 2024

Drone Launch Collection:

• Drones can also be annoying when the unmanned aerial vehicles fly over private property.
• Shooting down a drone is only allowed if strict requirements are all met. There must be a violation of the law, there must be no milder means of defense and the damage must not be disproportionate to the impending danger.
• If, on the other hand, a property is visible from public space, you can’t just shoot down a drone. From 2024, new guidelines for drone owners will apply within the EU.

Sources: Mirror online, Federal Ministry of Justice