State and federal laws surrounding unmanned aircraft systems (UAS), or drones, have become complex and continue evolving. With more than 1.1 million Federal Aviation Administration (FAA) registered drones operating legally, they have diverse functions. These encompass recreational activities, border patrol, wildlife tracking, agriculture, and law enforcement. They also aid in disaster response and search and rescue operations in remote areas.
Each state has its drone laws, with 2021 a watershed year in which 18 states enacted 25 bills covering various aspects of owning, operating, and procuring drones. In 2021, Arkansas and Texas banned drones from flying over specified locations, such as correctional facilities and airports. Florida, Texas, and Tennessee expanded allowable uses of drones to include first responders and law enforcement agencies. Conversely, California, Washington, Maryland, and the District of Columbia restricted law enforcement agencies’ acquisition of drones through a federally mandated program.
Federal drone laws also apply to all states, such as the requirement that any commercial drone pilot acquire a Remote Pilot Certificate through the FAA’s Aeronautical Knowledge Test (FAA Part 107). Those who fly drones as a hobby must pass the Recreational UAS Safety Test (TRUST), while those who do so as government employees must obtain a federal Certificate of Authorization or operate under FAA Part 107 statutes.
States have laws concerning UAS that extend well beyond simply piloting them. For example, California law makes flying a drone in a way that interferes with first responders’ efforts in an emergency a misdemeanor. First responders who damage a UAS in such a situation are provided with immunity under state law. In addition, drones cannot legally enter an individual’s airspace without permission when capturing a recording or image of a person engaged in a familial, personal, or private activity.
Another area of drone legislation centers on cyber vulnerabilities and drones from specific manufacturers and countries. In 2017, the US Army banned the procurement and use of Chinese-made Da-Jiang Innovations (DJI) drones, citing security and espionage concerns. In 2023, Florida became the first state to enact a similar law prohibiting using non-approved drones (from several countries) by public safety agencies. Connecticut lawmakers also attempted to implement such a measure, but the state legislature rejected it.
In May 2024, the US House of Representatives Armed Services Committee included the Countering CCP Drones Act in its fiscal year 2025 National Defense Authorization Act (NDAA). This draft legislation focuses on prohibiting DJI products from exporting to the United States. This would involve the Federal Communications Commission (FCC) adding DJI to its Covered List.
While those who maintain DJI drone fleets would not experience an immediate impact, it would give the federal government authority to prohibit DJI drones at any time. It reflects possible situations in which data vulnerabilities lead to national security risks. Beyond this, the Drones for First Responders (DFR) Act seeks to support domestic drone production by placing incremental tariffs on drones manufactured in China. These would begin at 30 percent and rise by five percent annually after that. Revenues generated by the tariffs would fund public safety departments’ acquisition of US-made drones.
