Nancy, Unfortunately, these things are never quite as simple as a laymen might think, I'M OBVIOUSLY NOT going to research your states laws on hobby or other aircraft or privacy which would be required to render a worthwhile professional legal opinion, short of that lay or even professional "opinions" are worth just what you pay here NOTHING AT ALL lol Still you asked so I will give you my very basic unresearched thoughts as an Attorney
1) Privacy: If you're outdoors in public view, even if on your own property and especially on public property, the law doesnt afford you much of any "expectation of privacy" Of course, if inside your home it does and there are laws against voyeurism. As far as expectation of privacy from the air, in todays world of Google Earth, while the expectation is greater then say from the street, I dont expect youre gonna prevail in any huge dollar lawsuit alleging your privacy rights were violated HOWEVER SEE BELOW.........AGAIN I HAVENT RESEARCHED YOUR STATES LAWS THERE MAY BE A STATUTE ON POINT???
2) Shooting it down????? Id have to advise against that, but relevant factors would be. You in town or rural,,,,,,Potential danger to other citizens,,,,,,,,Any ordnances against firearm discharge where you live,,,,,,,,,You licensed?????? WHAT HARM OR FEAR OR ANXIETY OR TRAUMA CAN YOU ALLEGE YOU SUFFER AS A RESULT OF THE PLANE FLYING OVER YOUR PROPERTY
3) If it lands on your property??? Id keep it and place the burden on the other person to get it back. Its "probably" yours as a matter of law and if the other person goes to the time and expense and prevails in getting it back (I sorta doubt) I sorta doubt he will keep flying over your home.......
THAT ALL BEING SAID HERES SOME FREE UNRESEARCHED PROFESSIONAL ADVICE
If I were your attorney I might suggest things such as:
A) Write a certified US Mail letter to the yo yo telling him to CEASE AND DESIST or else you will prefer any rightful criminal and civil charges THAT PUTS HIM ON LEGAL NOTICE
B) File a complaint with your county Prosecutor, you can allege it causes you stress and anxiety and violates your privacy etc etc......Ask for a "Temporary Restraining Order" and it might be granted????? If so then in like 21 to 30 days there will be a Hearing (for injunction to remain or it goes away) which you may win or loose, but its not hard or costly (your tax dollars already pay the prosecutor) and worth a shot, it may at least put the fear in the dude I HAVE DONE SUCH THINGS FOR CLIENTS AND IT WORKED .......
Put him on Notice to cease,,,,,,,Dont shoot it down,,,,,,,If it lands on your property keep it,,,,,,Talk to your Prosecutors office about a TRO THATS MY BEST UNRESEARCHED FREE LEGAL ADVICE.........
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