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CA. Bill 142 to make it a crime to fly over private property....

Discussion in 'General Discussion' started by n6vmo, May 8, 2015.

  1. n6vmo

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  2. n6vmo

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    #2 n6vmo, May 8, 2015
    Last edited: May 8, 2015
  3. johan

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    Hmm... A state law which would trump federal law. What could possibly go wrong?
     
  4. Bob Publicover

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    What the hell does "fly over" mean"?
    Move to Baltimore where, looting, arson, assault don't seem to be a crime!
     
  5. dirkclod

    dirkclod Moderator
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    Don't think that e mailing all you can won't help ya cause it did here in MS with a bill they were trying to pass !
    Terry Lowe and myself hammered a lot of representatives almost everyday with something he came up with and I don't know just that did help but it was shot down !!
    The more folks that do it the better , but just don't send them some rant .
     
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  6. DevildogSoldier

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    I can't wait for the California v. Google Earth case!

    Statistically 0% quadcopter incidents... let's legislate!

    California, where birds, bees and fish have more rights than you.
     
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  7. tcope

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    I read the thing and I can't even comprehend how anyone with half a brain would think this would past even the lowest court. I found it interesting that they attempted to disguise their inability to enforce this law by making it seem like it's the same thing as being on someone's property.
     
  8. tcope

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    No one outside of Jacksons district can complain about this. I'd recommend sending a copy of this bill to the FAA as the bill attempts to take jurisdiction away from them. I'm betting the FAA would have something to say about this.
     
    #8 tcope, May 8, 2015
    Last edited: May 8, 2015
  9. ianwood

    ianwood Taco Wrangler
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    I tried to comment and couldn't. This bill is a turd and needs to be flushed down the toilet.
     
  10. SteveMann

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    I can't send her an E-Mail because I am not worthy (I don't live in her district).
    But here's what I would say. If you live in her district, feel free to copy me (as I have paraphrased others before me on this subject).

    State and local governments have considered legislation that purports to regulate drone flight, but if challenged in court, any such laws would be considered preempted by the federal government's intent to "occupy the field," and therefore be invalid. By federal statute, "[t]he United States Government has exclusive sovereignty of airspace of the United States" (49 U.S. Code § 40103(a)(1)). The passage of the FAA Modernization and Reform Act of 2012, (Senate Bill, Section 607(g)) confirms the federal government's intent to continue to "occupy the field" of flight, thereby invalidating (through preemption) any state or local laws that purport to regulate it.

    Don't be in a headstrong rush to make new rules. There are already laws of general applicability (such as voyeurism or nuisance) that would apply equally to a drone if a drone happened to be the object used to violate that law, but they would be essentially meaningless since existing statutes would already cover those crimes regardless of whether they were committed with a drone. And by exclusion, such laws could inadvertently make the undesirable activity legal by other means.

    The laws that are on the books are all technology agnostic. They apply to computers, they apply to still cameras, they apply to wireless microphones, they apply to video cameras … and there’s no reason that they can’t be applied – as already written – to drones. Relying on existing legal protections should be the obvious choice. That means that what people are most fearful of – being stalked, harassed, or surveilled by a drone, or being victimized by a peeping tom behind a drone – are already acts bound by law.

    Paragraph (32) of subsection (a) of Section 40102 of Title 49 of the United States Code does not abdicate the FAA responsibility for the National Airspace System which, according to the FAA starts as soon as the aircraft is airborne.
     
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  11. tcope

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    File a complaint with the FAA and give them the bill information.
     
  12. FantomPhlyer

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    We must all try to help squash this. If it starts in CA, it will move to everywhere before we know it.
     
  13. SteveMann

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    What is needed is for the FAA to clarify - if it flies, it's under FAA jurisdiction and preempts any local or state laws that would govern flight. But that won't happen until the Part 107 rules are finalized.
     
  14. PishPosh

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    SteveMann are you a lawyer? It was very well written!

    I love California, the geography, the weather, but I hate everything else about it. Why are people so paranoid about drones anyway.. I can climb a tree to peep and be way more inconspicuous than with a freaking drone.
     
  15. SteveMann

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    No, not a lawyer, but as I said I was paraphrasing from what others have said on the subject.
     
  16. Meta4

    Meta4 Moderator
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    Something to do with being so Hollywood-focussed that they have trouble knowing what's real and what's fantasy?
     
  17. J.James

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    Don't ever underestimate the level of stupidity that can pass in a Communist totalitarian country such as California . There are a lot of progressive liberals out there that actually support and love stupid poliishions that want to ban and regulate every thing under the sun. and they keep voteing for the same mentally ill nut bags over and over again.
    Dianne Feinstein and Nancy Pelosi and are two good examples that not matter how low of an IQ and no matter how mentally ill some one is and no matter how big there aspirations of wanting to be total dictators are. They keep getting reelected instead of being put in mental institutions were they belong.
     
  18. stevetheutard

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    Ah, California. Like a breakfast cereal, whatever isn't fruit or nuts is flakes.

    Don't know about you, but over my 2 acres, I have the legal authority in Utah to deal with invasive threats, be they live or mechanical. I have a Remington 800 with #4 shot that will put an end to anyone's belief that they can fly over my property. After that, call the police. File a report. Sue me.

    Now, if you want to ASK FIRST, like a reasonable respectful person, I'd let you fly around my living room.

    I bet California is like Utah a lot. You can pee in the yard, and expect someone isn't filming you. I don't agree with the law, but I can see the point of people whose privacy was invaded by the ME ME ME generation.
     
  19. dirkclod

    dirkclod Moderator
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    Turkey hunt with the same gun and load bro !! Ya better hope it's low or ya just burning powder ;)
     
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  20. AmosMoses

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    Lol! You're not hitting anything with that other than a fat ol Tom turkey if walked up to you and sat down.....

    I'm curious too, what makes you think that someone flying a phantom over you're property is any more invasive than a helicopter or small plane? Or are you out there like a crazy person shooting at them too??
    I'm thinking that not every one of them land, knock on your door, then ask permission?
    If I ever see a drone buzzing over my property I'd give it a wave but I'm not parotid and have nothing to hide and i might make another friend!
     
    #20 AmosMoses, May 9, 2015
    Last edited: May 9, 2015
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