AG Supports Controversial Bill Allowing Police to Shoot Down Cartel Drones, Defying Federal Ban

As drug cartels increasingly deploy drones over Arizona’s southern border, state lawmakers are introducing measures to empower local law enforcement. Republican Representative David Marshall of Snowflake has proposed House Bill 2733, aimed at granting immunity to officers who may shoot down drones suspected of criminal activity without fear of liability for property damage.

However, passage of the bill faces significant hurdles due to existing federal regulations banning gunfire at any aircraft, which includes drones. Attorney General Kris Mayes, who collaborated with Marshall on the legislation, believes this change is essential in the ongoing battle against drug trafficking in Arizona. “These drones are on an increase,” Mayes stated at a press conference on February 17, emphasizing their role in transporting narcotics and gathering intelligence on Border Patrol operations.

The airspace surrounding U.S. borders is meticulously regulated by the Federal Aviation Administration (FAA) and the military. Reports from NORAD indicate a marked rise in drone incursions along the southern border, coinciding with the surge in affordable consumer drones.

When queried about discussions with the FAA or NORAD regarding the legislation, Mayes mentioned that outreach to these agencies is planned. The FAA has reiterated that shooting at aircraft, including drones, is against federal law. “An unmanned aircraft hit by gunfire could crash, causing damage to persons or property on the ground,” the agency stated, warning of potential civil penalties and criminal charges for noncompliance.

Mayes and Marshall have downplayed concerns over accidental drone damage, asserting that law enforcement would exercise due caution. Marshall emphasized the urgency of addressing nighttime drone incursions, suggesting that “there’s nothing good happening on the border at midnight.” Meanwhile, Mayes expressed confidence in local law enforcement’s judgment, stating they should “blow them out of the sky” if necessary.

Drones have become a persistent issue at the border, prompting Customs and Border Protection to implement specialized “drone jammers” to neutralize unauthorized unmanned aircraft. Additionally, a troubling incident involving a “drone swarm” at the Palo Verde Nuclear Power Plant in 2019 underlines the potential risks posed by unauthorized drone operations. Mayes indicated interest in equipping local law enforcement and critical infrastructure across the state with drone jammers in response to these growing threats.

The proliferation of drones over recent years has been broad, with applications spanning law enforcement, firefighting, and land surveying. Nevertheless, the current legislative proposal raises questions about the balance between addressing illegal drone activity and safeguarding legal operations in the border region.