Delaware
Shooting down a drone is a federal crime. Here are Delaware’s drone laws
It’s not a drone, it’s John Chirtea’s BlackFly aircraft in Milton
It takes off and lands vertically and can hover.
Drones seem to be everywhere in the region, but if you think you see one, leave it alone.
Shooting at drones is federally illegal. Property ownership does not include the surrounding airspace. The airspace is essentially public property.
Destroying or rendering an aircraft incapable of flight can result in fines and possible imprisonment, sometimes up to 20 years in prison.
Drones are legal to fly if they are registered with the Federal Aviation Administration and fly under 400 feet in altitude. Flying a drone is not permitted over stadiums during a scheduled event, near airports, in hazardous conditions, around emergency response areas and within a 15-mile radius of Washington, D.C.
New Castle County police have received eight calls regarding drone sightings between Dec. 12 and Dec. 14. Delaware State Police said they have not received credible reports of drones as of Dec. 12, but said they encourage anyone who observes any large drones to capture video evidence and report their sighting to local law enforcement for investigation.
What is the law surrounding drone flight in Delaware?
According to state law, an “unmanned aircraft system” cannot operate over a sporting event or event with more than 1,500 people in attendance. They also cannot fly over “critical infrastructure,” including chemical plants, rail yards, ports and government buildings.
A drone cannot fly over private property while subjecting a specific person without written permission from the property owner. Drones are also prohibited from flying over scenes where first responders are active.
Drones operated by law enforcement, higher education or commercial purposes with proper FAA authorization could be exempt from state rules.
A first-time violation earns an unclassified misdemeanor, while a subsequent violation earns a Class B misdemeanor. If a violation ends up with a personal injury earns a Class A misdemeanor in state law.
Delaware State Police uses drones for search and rescue during natural disasters or in places that are inaccessible by cars, according to their 2022 annual report. Wilmington police also use drones.