New SAFER SKIES Act Lets Local Cops Shoot Down Drones Over Critical Infrastructure, Doubles Felony Penalties

The new SAFER SKIES Act is a major legislative move to tackle the growing problem of unauthorized drones, and it essentially deputizes state and local law enforcement to get involved. This bill significantly expands who can take action against a rogue drone, what actions they can take, and what happens to people caught operating them illegally. Specifically, it grants state, local, Tribal, and territorial law enforcement and correctional agencies the authority to use counter-drone systems to mitigate a “credible drone threat” to people, critical infrastructure, large venues, or correctional facilities (Sec. 2).

Who Gets the Drone Zapper?

Up until now, counter-drone authority has been mostly limited to federal agencies like the Department of Homeland Security (DHS) and the Department of Justice (DOJ). This bill changes that by letting local police, sheriff’s departments, and even prison guards use technology to intercept, disrupt, or seize control of a drone if they believe it poses a threat. Think of a drone flying dangerously close to a power substation or hovering over a packed stadium—now local authorities can legally step in without waiting for federal help.

However, this new power isn’t a free-for-all. To use these authorities, state and local personnel must be trained and certified by the Attorney General (Sec. 2). Furthermore, the technology they use must be on an authorized list maintained by federal departments, ensuring they aren't just using off-the-shelf jamming equipment. This federal oversight is key: it provides liability protection for local agencies acting under this authority but also requires them to report every single mitigation action—date, location, threat, and technology used—to the Attorney General and DHS within 48 hours (Sec. 2).

The Cost of Flying Off-Script

The bill also dramatically raises the stakes for anyone using a drone improperly. If you’re a hobbyist or commercial operator who gets caught violating national defense airspace a second time, you could now face up to five years in prison (Sec. 5). That’s a serious escalation for repeat offenders.

But the most significant penalty increases target criminal misuse. If someone uses a drone “during, in relation to, or in furtherance of” a felony, the maximum prison sentence for that felony is either doubled or increased by five years, whichever is less (Sec. 5). For example, if a criminal uses a drone to scout a bank before a robbery, they face a much longer sentence just for involving the aircraft. Similarly, using a drone to smuggle contraband—like phones or drugs—into a correctional facility adds an automatic five years to the sentence (Sec. 5).

This section also directs the U.S. Sentencing Commission to issue new guidelines that substantially increase sentencing ranges for all drone-related offenses, ensuring that the penalties aren't just theoretical but are actually applied during sentencing.

Paying for the Tech

For local agencies worried about the cost of this new equipment, the bill provides a solution. It amends several existing laws (Sec. 3, Sec. 4) to explicitly allow state and local governments to use federal grant funds—specifically those from the Omnibus Crime Control and Safe Streets Act—to purchase and operate both drones and the counter-drone systems needed to exercise this new authority. This means federal money earmarked for public safety can now be used to equip local police departments with this specialized, high-tech gear. While this is a clear benefit for local budgets, it does raise questions about whether these funds might be diverted from other traditional public safety needs to pay for expensive counter-UAS technology.