Does 2A protect armed drones?

gunloony · February 21, 2013, 12:20 PM

OK, I admit I have weird thoughts and sometimes I share them. Would a personal drone aircraft armed with, say, a Ruger 10/22, be an arm protected under the Second Amendment?

"Inspiration" for this was the Dianne Rhiem (sp) Show on NPR this morning which was discussing issues related to the possible use of drones in the US, for such things as observation of wildfires, search and rescue, and of course law enforcement. One of the panelists made a comment about the differences between military and civilian use and observed that he hoped civilian drones would not be armed. So does anyone care to comment on whether individual ownership of an armed drone would be legal under existing law? I don't contend that it would be a good idea, BTW, just curious.
And just FYI for those who may not know there are privately owned drones, mostly DIY models, in operation now.

Hal · February 21, 2013, 12:35 PM

I don't believe it does...

I recall a law somewhere against using a remote trigger mechanism.

JimDandy · February 21, 2013, 12:39 PM

It's not in "Common use for lawful purposes" so according to Heller and Miller would not be covered by the second amendment.

And while I'm generally for drawing the line for that little test in a circle around a police car, and a Bomb Squad guy has mentioned that their little bomb-bot has a nasty nasty surprise installed, those aren't in even SOME of the cars the rank and file patrol officers drive around.

FrankenMauser · February 21, 2013, 03:08 PM

Quote:

It's not in "Common use for lawful purposes" so according to Heller and Miller would not be covered by the second amendment.

Which begs the question (which can apply elsewhere)...

How do we challenge things the public is prevented from putting into common use, from the beginning?

JimDandy · February 21, 2013, 03:09 PM

That's the eventual NFA challenge.

speedrrracer · February 21, 2013, 03:49 PM

"in common use for lawful purposes", according to Gura, should be read as "in common use or would be in common use for lawful purposes"

That's the only way we can avoid nonsense arguments such as the circularity argument mentioned above ( because something is illegal (and therefore not in common use) it's therefore not protected).

Assuming Gura is right, then drones may well be protected. They certainly are unusual, and if they're not dangerous they're not useful for self-defense, but would they be in common use in a constitutionally-correct environment?

Probably not at the current time, but eventually robotics will get to the point where having a self-defense robot will be a viable thing. It never needs to sleep, it won't panic, it can't be easily destroyed, you can be moving your family to safety while it fights, etc, etc. Who wouldn't want such a thing protecting their property?

Therefore, the day will come when such things are protected by the 2nd Amendment.

Hal · February 21, 2013, 06:25 PM

All the BATFE has to do is label a drone a destructive device & they've got it all covered.

& BTW - I found some reference to remote triggers being illegal in 26 states.
Which ones I don't know.

**Frank Ettin** · February 21, 2013, 08:48 PM

Pretty pointless, idle speculation. It would in any case be a matter for the courts. If anyone wants to pursue (and has a whole bunch of money to use to do so), the courts are open for business.

Don't forget to report back.

February 21, 2013, 12:20 PM	#1
gunloony Member Join Date: April 6, 2012 Posts: 97	Does 2A protect armed drones? OK, I admit I have weird thoughts and sometimes I share them. Would a personal drone aircraft armed with, say, a Ruger 10/22, be an arm protected under the Second Amendment? "Inspiration" for this was the Dianne Rhiem (sp) Show on NPR this morning which was discussing issues related to the possible use of drones in the US, for such things as observation of wildfires, search and rescue, and of course law enforcement. One of the panelists made a comment about the differences between military and civilian use and observed that he hoped civilian drones would not be armed. So does anyone care to comment on whether individual ownership of an armed drone would be legal under existing law? I don't contend that it would be a good idea, BTW, just curious. And just FYI for those who may not know there are privately owned drones, mostly DIY models, in operation now.

February 21, 2013, 08:48 PM	#8
Frank Ettin Staff Join Date: November 23, 2005 Location: California - San Francisco Posts: 9,471	Pretty pointless, idle speculation. It would in any case be a matter for the courts. If anyone wants to pursue (and has a whole bunch of money to use to do so), the courts are open for business. Don't forget to report back. __________________ "It is long been a principle of ours that one is no more armed because he has possession of a firearm than he is a musician because he owns a piano. There is no point in having a gun if you are not capable of using it skillfully." -- Jeff Cooper

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February 21, 2013, 12:35 PM	#2
Hal Senior Member Join Date: October 9, 1998 Location: Ohio USA Posts: 8,563	I don't believe it does... I recall a law somewhere against using a remote trigger mechanism.

February 21, 2013, 12:39 PM	#3
JimDandy Senior Member Join Date: August 8, 2012 Posts: 2,556	It's not in "Common use for lawful purposes" so according to Heller and Miller would not be covered by the second amendment. And while I'm generally for drawing the line for that little test in a circle around a police car, and a Bomb Squad guy has mentioned that their little bomb-bot has a nasty nasty surprise installed, those aren't in even SOME of the cars the rank and file patrol officers drive around.

February 21, 2013, 03:09 PM	#5
JimDandy Senior Member Join Date: August 8, 2012 Posts: 2,556	That's the eventual NFA challenge.

February 21, 2013, 03:49 PM	#6
speedrrracer Senior Member Join Date: December 15, 2011 Location: San Diego, CA Posts: 317	"in common use for lawful purposes", according to Gura, should be read as "in common use or would be in common use for lawful purposes" That's the only way we can avoid nonsense arguments such as the circularity argument mentioned above ( because something is illegal (and therefore not in common use) it's therefore not protected). Assuming Gura is right, then drones may well be protected. They certainly are unusual, and if they're not dangerous they're not useful for self-defense, but would they be in common use in a constitutionally-correct environment? Probably not at the current time, but eventually robotics will get to the point where having a self-defense robot will be a viable thing. It never needs to sleep, it won't panic, it can't be easily destroyed, you can be moving your family to safety while it fights, etc, etc. Who wouldn't want such a thing protecting their property? Therefore, the day will come when such things are protected by the 2nd Amendment.

February 21, 2013, 06:25 PM	#7
Hal Senior Member Join Date: October 9, 1998 Location: Ohio USA Posts: 8,563	All the BATFE has to do is label a drone a destructive device & they've got it all covered. & BTW - I found some reference to remote triggers being illegal in 26 states. Which ones I don't know.