Notice  Pilot Briefing · 3 min read · Updated October 2026

Counter-Drone Authority for State and Local Police: What Remote Pilots Should Know

Who this affects

State, local, tribal, and territorial law enforcement and correctional agencies seeking to conduct counter-UAS operations. Remote pilots are not regulated by this rule but may be subject to its enforcement actions.

What the document says

The rule is an interim final rule from the Departments of Justice and Homeland Security that puts the SAFER SKIES Act into effect for state, local, tribal and territorial (SLTT) law enforcement and correctional agencies. It took effect on July 1, 2026; the comment period closed on September 4, 2026.

It sets up two levels of authority:

• Detection and warning: detecting, identifying, tracking and monitoring a drone, and warning its operator. Personnel need a Detection and Warning Certification.
• Mitigation: disrupting the control link, seizing control of the drone, or using reasonable force to disable, damage or destroy it. Only personnel certified by the FBI's National Counter-UAS Training Center may do this, and only after deciding that the drone is a credible threat.

Agencies may use only approved counter-drone technologies. Before a mitigation operation they must notify federal agencies in advance (normally at least 30 days before the operational period), and when they switch a mitigation system on they must notify the FAA within five minutes, or as soon as practicable. They must report mitigation actions afterwards and follow privacy rules, including that the authority may not be used just to disrupt people exercising First Amendment rights. A drone that is no longer flying may be confiscated when there is a credible threat. The authority does not cover aircraft with a pilot or passengers on board, and it ends on December 31, 2031 unless Congress extends it.

What changes in practice

Your rules for flying do not change. What changes is that local police and correctional agencies, not only federal agencies, may now detect your drone, warn you, and in serious cases take it down.

The rule lists what can point to a credible threat. Several are things a remote pilot controls:

• flying in airspace the FAA has restricted or prohibited, such as a TFR;
• not complying with FAA flight requirements;
• flying toward a protected site, such as a prison, critical infrastructure or a large public event;
• not responding to warnings, or evasive maneuvering;
• unusual attachments or payloads.

Checking for TFRs and restrictions before every flight, staying clear of correctional facilities and large events unless you are authorized, and responding promptly if you are warned are the practical takeaways.

What it does not do

It does not amend Part 107 or any FAA rule, and it creates no new no-fly zones, registration or Remote ID requirements, or waiver process for pilots. It does not let police take down a drone just because it is in the area: mitigation requires certified personnel, approved equipment and a credible-threat determination. It does not change what is on the Part 107 knowledge test.

Does this affect the Part 107 exam?

No. This rule does not appear on the Part 107 knowledge test. The UAG exam covers 14 CFR Part 107 operations, airspace, weather, and loading. This C-UAS rule sits in a different regulatory title (Title 6 and Title 28) and governs a different class of actor (law enforcement agencies). A remote pilot studying for the certificate does not need to know its contents to pass the exam or to fly legally under Part 107.

Reviewed and updated October 2026.

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