(TLP:CLEAR) U.S. Federal Government Issues New Rule Allowing Local Law Enforcement to Take Down Drones

Author: Alec Davison

Created: Thursday, July 16, 2026 - 15:45

Categories: Federal & State Resources, Physical Security, Security Preparedness

Summary: Last week, DHS and the Department of Justice (DOJ) issued an interim final rule that provides guidance on how U.S. state and local law enforcement agencies can legally use counter-uncrewed aerial systems (C-UAS) to protect critical infrastructure and other sites from the growing drone threat.

The rule, which took effect retroactively on July 1, allows qualified agencies to legally use drone detection technologies to monitor drones in their local airspace. And for qualified personnel who attend an in-person training course in Alabama, it allows them to legally take down drones that might pose a public safety threat. According to an article in Homeland Security Today, state and local law enforcement agencies must complete a four-step process to acquire and maintain this authority:

Adopt safeguards: a written policy governing privacy, safety, and use limits.
Get accredited: annual attestation through a federal portal operated by the FBI.
Certify officers: detection training is completed online in roughly an hour at no cost, with certification issued automatically, and resolves the wiretap and pen-register legal exposure agencies previously faced when detecting drone signals. Mitigation authority requires a separate, two-week residential course at the FBI’s National Counter-UAS Training Center at Redstone Arsenal in Huntsville, Alabama, combining classroom instruction with simulated operations. The rule does not set an expiration for certifications; the departments are seeking comment on whether certifications should expire (for example, after 36 or 48 months) and what renewal should require. (*The course does not include training to operate or fly drones.)
Coordinate and report: operations must be coordinated in advance and reported afterward through the same federal portal.

As an interim final rule, it is legally in effect but remains open for public comment before the federal government issues a final version. The 60-day comment period closes on September 4. Comments may be submitted at regulations.gov/docket/FBI-2026-0001.

Analyst Note: The drone threat will almost certainly continue to be an issue for critical infrastructure as these devices become cheaper and more readily available. Indeed, the interim rule cited the ongoing World Cup as an example, noting that federal law enforcement had tracked over 600 drone incidents in restricted airspace across cities hosting soccer matches. Moreover, last month, FBI Deputy Director Chris Raia warned that it is “only a matter of time” before the type of drone attacks seen in conflicts overseas reaches the U.S. homeland.

Two recently published reports offer drone mitigation strategies for water and wastewater utilities to consider. The first report, “Beyond the Fence Line: Drone Threat Mitigation and Operational Readiness for Texas Water Utilities,” argues that “Utilities must transition from passive compliance to active interpretation. By intentionally expanding definitions of “all-hazards” and “malevolent acts” to include aerial vectors.” The second report, “3D Physical Security: The Evolution of a Security Framework for the Drone Age,” details a new security framework for “understanding and addressing the multidomain security challenges of the modern era. It recognizes that threats now move across physical, cyber, and aerial environments simultaneously.”

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Related WaterISAC PIRs: 1, 2, & 4