Summary: The FAA and federal drone regulations aim to balance innovation and safety, but enforcement and detection remain key to protecting against drone misuse and threats.

Drones pose serious threats to jails through contraband drops, unauthorized surveillance, and even potential cyber or physical breaches.

Smugglers use drones to deliver drugs, phones, tools, and weapons—endangering staff, inmates, and public safety.

Beyond contraband, drones can observe security patrols, record access codes, and expose vulnerabilities.

A dedicated drone detection system enables real-time awareness by identifying both the drone and its pilot, helping correctional facilities prevent violence, escapes, and future contraband attempts.

The Rising Challenge of Drones

Rapid advances in drone technology have created enormous benefits for industries, emergency response, and recreation. Most drone activity in the U.S. comes from hobbyists who may be unaware of rules or best practices, and while many flights are harmless, drones can still pose risks. Even well-intentioned operators can create safety concerns such as interfering with aircraft, disrupting emergency response, or causing accidents.

The FAA, Congress, and other federal agencies continue to strengthen drone regulations, though technology often evolves faster than legislation. This post highlights current U.S. federal laws governing drones and protective measures organizations and individuals can take.

Key Federal Drone Regulations

The regulation of all U.S. airspace is the exclusive domain of the Federal Aviation Administration (FAA). This federal preemption means that no state or local entity can create laws that interfere with safe aircraft operations. State and local laws CAN restrict drone take-off and landing locations and provide law enforcement action for existing laws like peeping Tom, stalking or espionage. 

The United States has several federal laws and regulations that govern drones. While new rules continue to emerge, the most notable include:

• 49 U.S.C. § 40101 – Establishes that drones are “aircraft” under FAA jurisdiction.
  
  
• 49 U.S.C. § 44809 – Defines conditions for recreational drone operations.
  
  
• American Security Drone Act (ASDA) – Bars federal agencies from procuring or operating drones from untrusted manufacturers.
  
  
• FAA Part 107 Certification – Required for commercial drone operations; also provides baseline rules for all operators.
  
  
• FAA Remote ID Rule – Requires most drones to broadcast a unique identification signal. Penalties for non-compliance can reach $25,700 per violation, with potential criminal penalties up to $250,000 and three years in prison.
  
  
• FAA Temporary Flight Restrictions (TFRs) – The FAA can restrict airspace, including for drones, during major sporting events, political gatherings, or security-sensitive operations.
  
  
  • New in 2025: Under 49 U.S.C. § 44812 (FAA Notice JO 7210.960), the FAA expanded its authority to issue UAS-specific TFRs. This allows airspace restrictions tailored to drone risks—such as around emergency response operations, high-profile events, or other critical situations.
    
    
• FAA Reauthorization Act of 2024 – Expanded designated test ranges and created the Unmanned and Autonomous Flight Advisory Committee (UAFAC).
  
  

FAA Enforcement Examples

AFC Championship Drone Incident – $350,000 Fine

A man faces up to four years in federal prison and $350,000 in fines for flying a drone near M&T Bank Stadium during the NFL AFC Championship game (January 2024). The FAA had issued a temporary “no fly zone” for the area, but the operator ignored the official FAA B4UFLY app and relied solely on the DJI software.

Other notable enforcement examples include:

1. SkyPan International – $200,000 Settlement

SkyPan International, a Chicago-based aerial photography company, settled with the FAA for $200,000 after conducting 65 unauthorized drone flights in restricted airspace over New York and Chicago between 2012 and 2014. The FAA had initially proposed a $1.9 million fine, but the settlement was reached in 2017.

2. Florida Drone Pilot – $32,700 Fine

In 2021, a drone operator in Wesley Chapel, Florida, was fined $32,700 for flying an improperly registered and unlit drone dangerously close to a Pasco County Sheriff’s Office helicopter. The operator's actions forced the pilot to abandon a search for a burglary suspect to avoid a potential collision.

3. Miami Grand Prix Drone Pilot – $18,200 Fine

During the 2022 Miami Grand Prix, a drone operator was fined $18,200 for flying an unregistered drone in violation of a Temporary Flight Restriction (TFR). The operator also failed to maintain visual line of sight and operated without a Remote Pilot Certificate. FAA

4. Pennsylvania Drone Pilot – $182,000 Fine

A drone pilot in Philadelphia faced a proposed $182,000 fine after conducting at least 26 unauthorized flights between December 2019 and August 2020. The pilot uploaded videos of these flights to YouTube, providing evidence of the violations.
 

Strengthening U.S. Airspace: Executive Order on Airspace Sovereignty

In 2025, President Donald J. Trump issued Executive Order 14305: Restoring American Airspace Sovereignty, reaffirming federal control over U.S. airspace and reinforcing protections against unauthorized drone activity. The Order

• Establishes a Federal Task Force tasked with coordinating an interagency response to drone threats;
  
  
• Directs the FAA to expand regulatory tools, including temporary flight restrictions and expedited rulemaking;
  
  
• Supports deployment of technology for drone detection, identification, and enforcement response; and
  
  
• Enhances interagency collaboration to respond swiftly to UAS threats while safeguarding safe and efficient airspace operations.

This EO builds upon existing FAA authorities—such as Remote ID and expanded TFR authority under 49 U.S.C. § 44812—forming a cohesive, nationwide strategy to monitor, manage, and mitigate drone-related threats to public safety and critical infrastructure.

Criminal Drone Use

Even when following regulations, drones can be misused. Examples include:

• Voyeurism & Harassment – Drones enable stalking, spying, and harassment with quiet, high-resolution cameras.
  
  
• Vandalism & Arson – Crashes can spark fires, as in the 2018 Colorado wildfire caused by a drone battery.
  
  
• Physical Assault – High-speed drones with exposed rotors can cause serious injury.
  
  
• Unauthorized Surveillance – Recording private property without consent violates privacy.
  
  
• IP Theft & Cyber Risks – Drones can capture sensitive data or deploy rogue access points to infiltrate networks.

Misuse of drones in these ways is not just unsafe — it can also constitute criminal activity investigated and prosecuted by the Department of Justice (DOJ) under applicable federal or state laws.

Protective Measures

While federal laws provide a framework, property owners, security managers, and first responders can take proactive steps:

• Critical Infrastructure Protections – Federal law prohibits drones over certain sensitive sites, but operators must post signage to enforce compliance.
  
  
• No Fly Zones & TFRs – Agencies and event organizers can work with the FAA to establish permanent or temporary no-fly zones. The new § 44812 TFR authority and the Executive Order make it easier to create UAS-specific restrictions during emergencies and high-risk events.
  
  
• Drone Detection Systems – Tools like RF-based drone detection (e.g., AirWarden™) provide real-time awareness, identifying both drones and their pilots to support rapid FAA enforcement.
  
  
• Network Security – Strengthening Wi-Fi and monitoring for rogue devices reduces the risk of cyber intrusions via drones.
  
  

Conclusion

The FAA has exclusive authority over airspace safety and efficiency.

State and Local Laws may be preempted if they conflict with FAA rules such as:

• Altitude or flight path restrictions
• City-wide privacy-related drone bans
• Equipment mandates (forcing geofencing)

Drones can legally operate in much of the airspace, so it’s important not to assume every drone is unauthorized. 

Knowing the rules — and locating the pilot —enables a more informed response.

Drone Regulation FAQs

1Why are drones a growing threat to jails and correctional facilities?
Drones allow criminals to bypass perimeter walls and deliver contraband such as drugs, phones, tools, and weapons directly into secure areas. They can also be used for surveillance or cyber intrusions, creating major risks for staff and inmate safety.

What types of contraband are commonly delivered by drones to jails?
Drones have been used to drop drugs, mobile phones, SIM cards, weapons, and even tools like wire cutters or rope ladders to aid escape attempts. These deliveries often involve coordinated flights planned by outside accomplices.

How do drones conduct surveillance on jail operations?
Modern drones with high-resolution or zoom cameras can record staff patrol patterns, identify security equipment, and capture access codes or gate activity from the air. This intelligence can be exploited to plan escapes, attacks, or contraband drops.

Can jails legally disable or shoot down drones?
No. Federal law prohibits anyone other than certain federal agencies from interfering with or disabling an aircraft, including drones. Jails must rely on detection, documentation, and law enforcement coordination to respond.

How does a drone detection system help protect a jail?
Drone detection systems—like AirWarden™—provide real-time alerts when a drone enters facility airspace and identify both the drone and its pilot. This allows staff to respond quickly, gather evidence, and coordinate with local law enforcement.

Does installing a drone detection system actually reduce incidents?
Yes. Experience shows that the presence of a detection system can deter smugglers once they realize their flights can be tracked. Over time, the number of drone-based contraband attempts tends to decrease significantly.

What features should a jail look for in a drone detection system?
Facilities should seek systems that detect both drones and pilots, provide instant alerts, integrate with existing security platforms, and support Remote ID compliance for legal operation. Scalability and forensic replay features are also important for investigations.

How can smaller jails or county facilities afford drone detection technology?
Many systems can be scaled to match facility size and risk. Lower-risk jails can start with basic Remote ID receivers or portable systems and expand as threats or budgets grow. Federal or state grants for critical infrastructure protection may also help fund deployment.