OAKLAND COUNTY, Mich. (Michigan News Source) – Oakland County Sheriff Mike Bouchard is calling on Congress to let local police respond directly to potentially dangerous drones before tragedy strikes. From stadiums and airports to protests and prison yards, drones are increasingly being used for surveillance, disruption, and even smuggling. But under current federal law, local agencies are powerless to stop them in real time if they become a threat.
Bouchard says the current drone laws are outdated and they handcuff local agencies at a time when bad actors can buy a drone at Walmart and turn it into a surveillance or smuggling device in 15 minutes or less. Bouchard said during an interview with the Detroit News, “We have been banging the drum very loudly about the threats of drones, and it’s not a case of if but when. It’s going to happen here (Michigan).”
A clear ask – give us the tools.
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During National Police Week, the week of May 12, Bouchard met with members of Congress to push for change. His request: authorize trained law enforcement to use electronic tools to disable drones that pose an immediate threat to public safety.
Bouchard told WJR, “Under current law, if you shoot them down, you’re shooting at an aircraft. It’s the same thing as shooting at a plane, basically, because anything that’s flying in the air is under the regulation of Congress and the FAA.”
Bouchard went on to say, “So anybody that shoots at a drone in the air is making a big mistake under current law. That’s not what we’re looking for (though). We’re not necessarily, at this point, looking at firearms. There are electronic alternatives that the military has, that the federal government has, and we’re just asking for authorization to be able to get and use the same things.”
Growing threats, slow response.
Bouchard, who is part of the Joint Terrorism Task Force in Michigan, commented in the interview about the person in Michigan who wanted to commit a terrorist attack in Warren on behalf of ISIS. The suspect wanted to use drones. Bouchard said, “That was front-page news. It was shocking that he was somebody who grew up in Michigan. He launched a drone to try to carry out an attack at the Army’s TACOM (Tank-Automotive & Armaments Command) facility.”
He also noted that contraband drops by drone into correctional facilities are becoming a regular thing but local officers have no authority to stop it.
Federal action falls short.
Michigan Senator Gary Peters is sponsoring the Safeguarding the Homeland from the Threats Posed by Unmanned Aircraft Systems Act, a bipartisan bill that would expand the authority of the Department of Homeland Security, the Department of Justice, and local law enforcement to counter potential threats from drones. Peters says about the bill, “Attacks or accidents caused by unmanned aircraft systems could have catastrophic effects on our national and economic security. Federal agencies must have the tools they need to address this evolving security threat.”
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The proposed legislation would also allow operators of critical infrastructure, such as stadiums or airports, to detect and report drone threats more effectively to law enforcement.
But the bill only proposes a pilot program – far from the immediate, practical authority Bouchard is asking for. Bouchard said, “Well, a pilot is going to be, what, three years, and then by the time you’re talking seven years out. The threat’s today.”
Congresswoman Lisa McClain echoed his concern in the interview, saying, “My frustration is nothing moves quick, and my frustration is instead of being proactive or preemptive, what’s going to happen is we’re going to have a tragedy happen, and then all of a sudden, we’re going to end up over-regulating this, when, if we just did our job, we could do this now.”
Balancing safety and civil liberties.
Opponents of the proposed changes have raised concerns about privacy, property rights, and potential overreach. But law enforcement leaders like Bouchard say narrowly tailored authority can be granted without trampling civil liberties.
Bouchard said, “All we’re asking for is pretty simple: Allow us, local and state law enforcement, to have the same authority that the federal government has to intervene when a drone is operating illegally and or is an immediate threat to the public. Those are the only circumstances we want to intervene. That’s all we’re asking for.”
With over 1.3 million drones registered in the U.S., and many more likely unregistered, the need for real- time local authority is becoming more urgent. Whether Congress will act before a mass casualty incident happens remains an open question.
