Defense Against Drones Act of 2025

Enumerated powers · passes

The bill regulates unmanned aircraft in navigable airspace, which falls under Congress's power to regulate interstate and foreign commerce under Article I, Section 8, Clause 3. The FAA's regulatory authority over airspace is well established. The bill does not exceed this power because it only authorizes defensive action on private property and defers to state law on firearm discharge, respecting the Tenth Amendment.

Bill of Rights · passes

The bill does not infringe any of the first ten amendments. It does not restrict speech, religion, assembly, press, or petition (First Amendment). It does not infringe the right to keep and bear arms (Second Amendment) because it only allows use of a 'legally obtained shotgun' subject to state law. It does not authorize unreasonable searches or seizures (Fourth Amendment) because shooting a drone on one's property is a defensive act, not a government search. It does not violate due process (Fifth Amendment) as it provides clear standards and reporting requirements. It does not impose cruel or unusual punishment (Eighth Amendment). All other amendments are unaffected.

Individual liberty · passes

The bill affirms individual sovereignty by allowing a property owner to defend their property against unwanted aerial intrusion. The restriction is minimal: the drone must be within 200 feet of the property and the belief must be reasonable. The burden is properly on the government to justify any restriction on this right, and here the bill actually expands individual freedom against potential trespass by drones. The reporting requirement is a minor administrative step that does not substantially burden the individual.

Decentralization · passes

The bill passes all four questions of the decentralization test. (1) An individual can handle drone defense on their own property without government involvement, as the bill merely authorizes self-help. (2) Local communities can regulate firearm discharge under state law, which the bill explicitly respects. (3) States can handle drone regulation within their police powers, and the bill defers to state law on firearm use. (4) The bill does not consolidate decision-making upward; it leaves primary control with individuals and states, with only minimal federal reporting to the FAA for airspace safety.

Due process and takings · passes

The bill provides clear procedural due process: the individual must have a 'reasonable belief' the drone is within 200 feet, and must report the incident to the FAA if the registration number is visible. This gives fair notice of the standard. There is no taking of private property without just compensation (Fifth Amendment) because the drone is not government property and the bill does not authorize government seizure; it merely allows a private defense. The owner may request return of the drone, but the individual is not required to comply, which is consistent with the principle that the shooter is not a government actor.