AG backs bill to let cops shoot down cartel drones, despite a federal ban on doing so

Amid an increase in drug cartel drones flying over the states’ southern border, GOP lawmakers and the Democratic attorney general say that local police should be able to shoot them out of the sky without fear they’ll be sued. 

And that’s precisely what a proposal by Rep. David Marshall, R-Snowflake, would do. His House Bill 2733 would give local law enforcement immunity from liability for damage to personal property if they are shooting down a drone they believe is engaged in criminal activity. 

But even if state law is expanded to allow cops to shoot down drones, federal law still bans shooting at any aircraft — including drones.

Attorney General Kris Mayes, who said she worked with Marshall on the proposal, said it’s a critical change to the law that will directly aid in combating the flow of drugs into Arizona. 

“These drones are on an increase,” Mayes said at a Feb. 17 press conference, telling reporters that cartels have been using them to both transport drugs and conduct surveillance on Border Patrol agents. 

Airspace around the borders of the United States is heavily controlled and monitored by the U.S. military and the Federal Aviation Administration. NORAD has previously reported that drone incursions at the southern border have seen a marked increase as inexpensive consumer drones have proliferated. 

When asked if Mayes or the bill’s sponsor had spoken with either the FAA or NORAD about the proposed legislation, Mayes said they plan to reach out. 

The FAA told the Arizona Mirror that it is against federal law to shoot at an aircraft. 

“An unmanned aircraft hit by gunfire could crash, causing damage to persons or property on the ground, or it could collide with other objects in the air,” the FAA said in a statement. “Shooting at an unmanned aircraft could result in a civil penalty from the FAA and/or criminal charges from federal, state or local law enforcement.” 

The FAA did not respond to questions about whether it opposes the bill. NORAD did not respond to repeated requests for comment. 

Mayes and Marshall dismissed concerns about possible damage to personal property or accidental shooting of drones that do not belong to the cartels. 

“There’s nothing good happening on the border at midnight,” Marshall said, adding that drone incursions occur mainly at night. 

“I believe and trust our law enforcement to do the right thing and shoot these drones down in a safe location,” Mayes said, later adding that law enforcement should “blow them out of the sky.” 

Drones have long been a growing concern for both local and federal law enforcement at the border. Customs and Border Protection uses specialized “drone jammers” to disable unmanned aircraft that are flying illegally. 

Drones have also been spotted at critical facilities, including an incursion involving a “drone swarm” at the Palo Verde Nuclear Power plant in 2019. Mayes said that she would be interested in getting drone jammers to local law enforcement, as well as to critical facilities across the state, to combat this growing concern. 

Drones have proliferated in the past few years with multiple uses from law enforcement, fire fighting and even land surveying. It is unclear how the measure would account for drones operating legally within the border region.