Originally Posted by
MechEngr
There are Federal laws about shooting aircraft out of American airspace, particularly when there is no sign of problems, particularly over residential neighborhoods.
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FWIW, on Feb 4, 2023, a Chinese spy balloon was the first shoot down over U.S. territory since WWII. The right to protect U.S. airspace is recognized by the
Chicago Convention on International Civil Aviation. Article 3(c) of the Convention states that no state aircraft may go over another state’s airspace without special authorization. Foreign aircraft are generally permitted to transit through U.S. airspace with permission and by following specific procedures and regulations.To be shot down over the U.S., the UAV would need to pose either a military or physical threat. Deployment of an espionage UAV near sensitive military sites would, by itself, arguably not reach the threshold for use of force. Violation of restricted airspace is another issue. However, the Pentagon may have information to which we are not privy that could change that.
Beyond this, I am aware of no U.S. law pertaining to shooting down aircraft (excluding an armed incursion or act of war and the DOD). As far as a LE agency, the action would be generally covered under the agency's ‘use of force policy’. I'm not aware of a LEA UOF policy that explicitly addresses shooting down aircraft. The USCG may be an entity that incorporates such a policy.