Local police can now qualify to detect and stop drones. The new rule is narrower than it sounds.
A joint DHS-DOJ rule creates separate detection and mitigation certifications for qualified state, local, Tribal, territorial, and correctional agencies, with comments open through September 4.
By Joel Kelly
Decision brief
This is not blanket permission for every officer, venue, or private security team to jam or destroy a drone. Authority depends on an accredited agency, certified personnel, approved technology, advance aviation coordination, privacy controls, and an operation that meets the rule.
- Rule status
- In effect
- Two lanes
- Detect / mitigate
- Comment by
- Sep. 4
Interim final rule effective July 1
Different certification and training requirements
11:59 p.m. Eastern time
What changed
Qualified local agencies now have a path to independent counter-UAS authority.
The Department of Homeland Security and Department of Justice put a joint interim final rule into effect on July 1 that lets qualified state, local, Tribal, and territorial law-enforcement and correctional agencies seek independent counter-UAS authority. The rule was published July 6, and public comments are due by 11:59 p.m. Eastern time on September 4 in docket FBI-2026-0001.
The rule creates two certification lanes. Detection Certification covers authorized detection, identification, monitoring, tracking, warning, confiscation, and other actions that do not mitigate an aircraft. Mitigation Certification covers trained personnel who may disrupt control, take control, damage, or destroy a drone when the statutory and operational conditions are met.
The guardrails
Certification, approved systems, and aviation coordination come before action.
Certification is attached to qualified agencies and personnel, not to every officer. An agency needs an implementation policy, approved training, an authorized technology path, recordkeeping, and a Counter-UAS Operations Plan for mitigation work. The rule also preserves Federal task-force arrangements and allows agencies to request Federal support without first obtaining independent accreditation.
Technology does not become lawful merely because a vendor calls it counter-drone equipment. The rule uses Authorized Technology and Authorized System lists. Systems that emit radio waves require Federal Communications Commission approval before deployment, and operations must follow the rule's FAA coordination, air-traffic notification, reporting, audit, and safety requirements.
If an agency intervenes
Protect the flight, then protect the record.
A tense encounter is not the time to debate the rule. Stabilize the aircraft, comply with lawful direction, and preserve the evidence needed to understand what happened.
- 01
Keep positive control
Avoid abrupt maneuvers and land safely when directed or when the situation requires it.
- 02
Identify the authority
Ask which public agency is operating and retain names, unit information, or an incident number when available.
- 03
Preserve the flight record
Save logs, Remote ID status, airspace authorization, location data, notices, and client or site permission.
- 04
Use the formal channel
Raise a complaint or legal question after the aircraft and people are safe, using the agency's documented process.
Lawful pilots
Privacy and due-process requirements are part of the operating system.
The privacy provisions matter to lawful pilots. Agencies must address First and Fourth Amendment protections, limit collection and retention, secure data, and establish complaint and audit procedures. The rule also says counter-UAS authority cannot be used against aircraft carrying a human pilot, crew, or passengers.
For a lawful drone operator, the practical response is calm and documented. Keep the aircraft under control, follow lawful instructions, land when it is safe to do so, preserve flight logs and authorizations, and record the agency and contact information after the incident. Do not interfere with a counter-UAS operation or assume that a private event employee has the same authority as a certified public agency.
Public record
Comments are open through September 4.
A useful public comment should identify a specific section of the rule and explain the operational effect. Pilots, agencies, manufacturers, and civil-liberties groups can comment on training, approved-technology transparency, airspace notification, data retention, complaint procedures, or how lawful flights are distinguished from credible threats. Submit through regulations.gov before the September 4 deadline.
Buying read
What the rule does and does not cover
Strong fit
- Qualified public law-enforcement and correctional agencies
- Certified personnel using approved technologies
- Documented detection and mitigation operations
Account for
- Private security claiming public counter-UAS authority
- Unapproved jamming or interference equipment
- Assuming every detected drone presents a credible threat
Source file
Verify the reporting
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