In a recent House Homeland Security Committee hearing on December 10, 2024, Louisiana Representative Clay Higgins made a compelling case for granting state and local law enforcement agencies the authority to take down drones as part of their law enforcement duties. The hearing, which included testimony from high-ranking officials from the Department of Justice and U.S. Customs and Border Protection, shed light on the complex issues surrounding drone mitigation technologies and state sovereignty.
The 10th Amendment Argument
Rep. Higgins opened his argument by invoking the 10th Amendment, asserting that it already extends the right to use drone mitigation technologies to sovereign states. He contended that while current federal law authorizes specific federal agencies to deploy such technologies, it does not explicitly prohibit states from authorizing their own law enforcement to use similar tools.
Comparing Drone Takedowns to Established Law Enforcement Actions
To bolster his case, Higgins drew parallels between potential drone takedowns and other accepted law enforcement practices: