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LC 4152

Provide for the right to eliminate drones above private land

2025 Regular Session

Montana bill would let landowners destroy drones over their property, but conflicts with federal FAA authority over airspace and raises safety/liability concerns.

(LC) Draft Died in Process
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Bill Summary · LC 4152

Legislative bill overview

LC 4152 would establish a legal right for property owners to eliminate (destroy) unmanned aircraft systems operating above their private land. The bill appears designed to address concerns about drone privacy and trespass by allowing landowners to take direct action against aircraft in their airspace.

Why is this important

Drone usage has expanded dramatically, raising genuine privacy concerns for rural and suburban property owners. However, the bill creates potential conflict with federal airspace law—the FAA regulates all airspace, and shooting down aircraft (manned or unmanned) is a federal crime under certain circumstances. This creates a direct clash between state property rights and federal aviation authority.

Potential points of contention

  • Federal preemption: The FAA claims exclusive regulatory authority over airspace. State laws permitting destruction of aircraft may violate federal law and the Supremacy Clause, making the statute unenforceable.
  • Vague definitions and liability: "Eliminate" and "above private land" lack precise definitions. Unclear boundaries could lead to disputes over altitude, property lines, and what qualifies as justifiable action.
  • Safety and collateral damage: Shooting at drones poses risks of stray bullets, debris, and accidental harm to people or property, with unclear liability frameworks for resulting injuries or damage.

Compiled from official sources — confirm details with the bill’s official record.

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