A couple things... first, if you are flying as a
hobbyist, it's NOT illegal or even against FAA regulation to fly within 5 miles of an airport. The Section 336 rule is that you must notify
(not get permission) the tower and the airport operator that you will be flying, where, and how high. Second, there are exceptions if a TFR (temporary flight restriction) is in place, special flight rules or other NOTAMS (notice to airmen) that restrict flight of "model aircraft". Third, if you are flying, or perceived to be flying carelessly or recklessly, legal enforcement action can be pursued by the FAA if you are endangering the safety of the NAS, manned aircraft, or other persons/property.
My advice is to be courteous and patient with the officer, and obey his/her instructions. They can always ticket you or arrest you for other things like not obeying a peace officer, refusing to provide identification, resisting arrest, etc. But if you are courteous and nice, those things are very unlikely to happen. If the opportunity presents itself, you could gently educate the officer with documents that you should always carry when flying, such as the
guidance from the FAA on model aircraft operation by hobbyists, and perhaps the
LAW ENFORCEMENT GUIDANCE FOR SUSPECTED UNAUTHORIZED UAS OPERATIONS (also attached) published by the FAA. Of course there's the
Know Before You Fly page too.
As a side note, there is an app that the FAA just released for beta testing (I think you can still request to be a beta tester) call B4UFLY that shows active TFR's and Restricted airspace, and will also facilitate a one click airport/tower notification that you are flying.
Keep it safe, and represent the whole model aircraft and drone community in a positive light!!
"A couple things... first, if you are flying as a hobbyist, it's NOT illegal or even against FAA regulation to fly within 5 miles of an airport."
That's a misleading statement. Makes no difference whether you call yourself a hobbyist or a commercial operation. No aircraft can operate in class B, C, or D airspace without ATC clearance and two-way radio contact. For example:
§91.129 Operations in Class D airspace.
(a) General. Unless otherwise authorized or required by the ATC facility having jurisdiction over the Class D airspace area, each person operating an aircraft in Class D airspace must comply with the applicable provisions of this section. In addition, each person must comply with §§91.126 and 91.127. For the purpose of this section, the primary airport is the airport for which the Class D airspace area is designated. A satellite airport is any other airport within the Class D airspace area.
(b) Deviations. An operator may deviate from any provision of this section under the provisions of an ATC authorization issued by the ATC facility having jurisdiction over the airspace concerned. ATC may authorize a deviation on a continuing basis or for an individual flight, as appropriate.
(c) Communications. Each person operating an aircraft in Class D airspace must meet the following two-way radio communications requirements:
(1) Arrival or through flight. Each person must establish two-way radio communications with the ATC facility (including foreign ATC in the case of foreign airspace designated in the United States) providing air traffic services prior to entering that airspace and thereafter maintain those communications while within that airspace.
(2) Departing flight. Each person—
(i) From the primary airport or satellite airport with an operating control tower must establish and maintain two-way radio communications with the control tower, and thereafter as instructed by ATC while operating in the Class D airspace area; or
(ii) From a satellite airport without an operating control tower, must establish and maintain two-way radio communications with the ATC facility having jurisdiction over the Class D airspace area as soon as practicable after departing.
(d) Communications failure. Each person who operates an aircraft in a Class D airspace area must maintain two-way radio communications with the ATC facility having jurisdiction over that area.
(1) If the aircraft radio fails in flight under IFR, the pilot must comply with §91.185 of the part.
(2) If the aircraft radio fails in flight under VFR, the pilot in command may operate that aircraft and land if—
(i) Weather conditions are at or above basic VFR weather minimums;
(ii) Visual contact with the tower is maintained; and
(iii) A clearance to land is received.
Only in class G airspace would the above statement apply. Class G is airspace not designated as A, B, C, OR D and extending from the surface to the base of class E airspace. Airports w/o towers fall under this classification. It is complicated.