In response to recent shooting threats
and incidents
this year, NAAA updated its checklist of actions operators and pilots can take
in the event someone threatens to or discharges a firearm at their aircraft.
NAAA has now updated
that checklist to cite the specific federal laws that are violated when
someone shoots, or threatens to shoot, an aircraft. Title 18 of the US Federal
Code, section 32, specifically states it is illegal to “set fire to, damage,
destroy, disable, or wreck any aircraft.” The section al states it is illegal
to “interfere with or disable, with intent to endanger the safety of any person
or with a reckless disregard for the safety of human life, anyone engaged in
the authorized operation of such aircraft.”
Penalties can be as severe as 20 years in prison and a
$250,000 fine. Even the threat of shooting down an aircraft can get you five
years in prison.
The updated check list can be viewed below and printed here.
1. Inform Local Law Enforcement
While the laws vary from state to state, you should
immediately report to your local law enforcement agency that someone has shot
at your aircraft, even if your aircraft is not hit. Depending
on the state, an individual discharging a firearm at an aircraft could be
charged with anything from the negligent discharge of a firearm to attempted
murder. It’s important to contact the enforcement body with jurisdiction over
the locality where the offense occurred. The sooner you can contact law
enforcement, the better chance of apprehending the shooter.
2. Contact the FBI
Be sure to file a report with the FBI regional office for
your area. The contact information for the regional office is available
at fbi.gov/contact-us/field-offices. In addition to state laws, it is a
federal crime to shoot at aircraft, including shooting at UAVs. Make sure
authorities know what specific laws were violated by citing title 18 of U.S.
Code, section 32, which specifically states it is illegal to “set fire to,
damage, destroy, disable, or wreck any aircraft. The section also states it is
illegal to “interfere with or disable, with intent to endanger the safety of
any person or with a reckless disregard for the safety of human life, anyone
engaged in the authorized operation of such aircraft.”
Penalties can be as severe as 20 years in prison and a
$250,000 fine. Even the threat of shooting down an aircraft can get you five
years in prison.
3. Report it to the FAA National Safety Hotline
After safely landing, you should report the incident by
calling the FAA Safety Hotline at 1-800-255-1111 or online at hotline.faa.gov.
This contact is a single avenue for anyone from FAA employees to concerned
citizens to file a report regarding violations of federal aviation regulations
or the safety of the national airspace.
4. Call your Local Flight Standards Office (FSO)
Your local Flight Standards Office (formerly called FSDO)
consists of aviation officials who are your local contact to the FAA. While
local law enforcement and the FBI take care of criminal matters, be sure your
local FSO is given details on the incident.
5. File a NASA Aviation Safety Report
The primary purpose of a NASA aviation safety report is to
collect data related to the national airspace to reduce aviation accidents and
incidents. Your confidential and non-punitive report will go directly into the
Aviation Safety Reporting System (ASRS), ensuring your experience will be used
as data to contribute to aviation safety. The incident information can be
recorded on the General Report Form for electronic submission,
or the form can be printed for completion and mailing by U.S. mail.
6. Tell Other Pilots
Whether it’s through social media, message boards, email or
word of mouth, let other pilots in your area know when and where the incident
occurred. Highlighting your experience can help other pilots maintain some
extra situational awareness when flying in the area.
7. Notify Local News Media
Share your encounter and safety concerns with the local
media to inform the non-piloting public of these same concerns, as well as the
penalties associated with willfully shooting at an aircraft. Getting your story
out could help catch the perpetrator if the suspected shooter has not been
apprehended and might make someone else think twice before discharging a
firearm at an aircraft.
8. Contact Your Insurance Agent if ...
In the event physical damage is done to your aircraft,
contact your insurance agent. The company will ensure repairs are made to the
aircraft in accordance with your policy. There is a possibility the insurance
company could pursue action against the parties that may be liable for the
loss.
In addition to the shooting-response
checklist, NAAA is always available for additional assistance in the event
of an ag aircraft shooting incident. Contact NAAA at (202) 546-5722.