UAS/FAA – Flame Throwers And Glocks!!

Last month, we wrote about a new case that was going to require a federal court to determine whether or not an unmanned aircraft is an "aircraft." The judge issued his opinion this week, and his decision is not a surprise to those of us who practice aviation law.

By way of background, the Court was asked to enforce an administrative subpoena issued by the FAA to Mr. Haughwout, who had achieved a certain amount of notoriety for several videos where he fired a flame thrower and a hand gun from a UAS.  The subpoenas were the first steps taken by FAA in pursuit of possible civil penalties.  Mr. Haughwout had refused to cooperate in the investigation or respond to the subpoena, claiming that the FAA has no jurisdiction over small UAS.