New drone authorities for local law enforcement: Turning power into preparedness

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COMMENTARY | State and local agencies now have more ability to combat aerial threats on their own, but they must make sure they are fully equipped to do so.

On any given fall Saturday, thousands of fans pack into college stadiums across the country. Overhead, a small drone appears. At first, it seems routine and easy to ignore. Then it lingers and begins to move unpredictably. 

What was once a common sighting is quickly becoming a potential security concern, forcing local law enforcement to assess the situation in real time. Who is operating it? What is its purpose? Does it pose a threat to the thousands of people below?

Scenarios like this are becoming more common. Airports report near misses between drones and commercial aircraft, and medical helicopters are increasingly forced to reroute due to drone activity. Correctional facilities are also grappling with drones used to surveil or deliver contraband over prison walls. What were once isolated incidents are now routine operational challenges.

Local law enforcement and emergency responders are now on the frontlines of the growing drone threat. It is happening in their jurisdictions, at their events, and often on their watch. They are the first and most important line of defense.

The Old Reality: Observe and Report

Historically, state, county, city and tribal law enforcement agencies could detect and track drones, but were not authorized to take active mitigation measures like taking control of, disabling, or otherwise disrupting a drone. Primary authority over airspace and counter-drone operations was largely limited to federal departments in coordination with the Federal Aviation Administration.

This left most state and local agencies in a reactive posture, unable to intervene in real time, even when a drone posed a potential threat to public safety and they were the officials the public depended on to respond. The observe and report posture creates risk and waiting for federal coordination or response is often incompatible with the speed and unpredictability of the drone threat.

The New Reality: Authority to Act

That dynamic is beginning to change, and momentum is building in Congress to expand and formalize new authorities. Proposed legislation like the Counter-UAS Authority Security, Safety and Reauthorization Act signals broader federal efforts to update and extend counter-unmanned aircraft system authorities across agencies. At the same time, the SAFER SKIES Act, enacted as part of the National Defense Authorization Act for Fiscal Year 2026, marks a significant shift by extending C-UAS authorities to law enforcement and correctional officers.

State, county, city and tribal law enforcement agencies and correctional personnel, once properly trained and certified, are being empowered to take a more active role in C-UAS. The law authorizes these officials to take actions “necessary to mitigate a credible threat” posed by a drone to the safety and security of people, facilities, large-scale public events, critical infrastructure and correctional institutions. 

Mitigation can include the ability to detect, identify, monitor and track drones; warn operators through a range of communication methods; and, when necessary, disrupt or disable drone control systems, seize or take control of a drone, confiscate equipment, or use reasonable force to neutralize a threat.

Importantly, these mitigation efforts must use approved technologies from a list jointly maintained by federal agencies, ensuring that state and local actions remain aligned with national standards and legal safeguards.

The Opportunity: Funding and Training Are Available Now

Agencies are not expected to build these capabilities alone. The Federal Emergency Management Agency has already begun investing in state and local preparedness through its Counter-Unmanned Aircraft Systems Grant Program. 

To date, FEMA has issued $250 million in FY26 to 11 states and the National Capital Region to support C-UAS readiness for major events like the 2026 FIFA World Cup and America 250 celebrations, with an additional $250 million in FY27 to be made available across all states and territories to expand nationwide capabilities.

Funding supports not only equipment, but also planning, organization, training and exercises to build comprehensive operational readiness and requires participating agencies to have personnel trained at the FBI’s National Counter-UAS Training Center.

What Local Authorities Can Do Now

Preparing now will position local agencies to compete effectively for FY27 C-UAS funding and ensure they can operationalize these capabilities when they are needed most. A critical first step is engaging early with your State Administrative Agency, which manages federal grant funding and will play a central role in shaping priorities and distributing resources. 

In many states, the SAA is a State Homeland Security Office, Emergency Management Agency, or a department of public safety. At the same time, state, county, city and tribal agencies should clearly define internal C-UAS roles and responsibilities, establishing who is responsible for detection, threat assessment, coordination with federal partners and, where authorized, mitigation.

Equally important is conducting jurisdiction-specific threat and risk assessments and site surveys to identify where drones are most likely to pose a danger. These insights should directly shape operational planning, resource allocation and response protocols.

Local leaders should also integrate C-UAS considerations into existing emergency response and event security plans, coordinate with local venue operators and private sector partners and establish protocols for information sharing with partners and federal agencies. 

Developing standard operating procedures, planning for public communication and collecting and reporting data on drone-related incidents will better position agencies to justify and secure future funding. Taking these actions now will help ensure that when FY27 resources become available, agencies are not starting from scratch but are ready to build and scale effective, integrated counter-drone capabilities.

From Capability to Readiness

C-UAS is often framed as a technology challenge, but it is far more than hardware. Drones can be detected, tracked and even disabled with the right tools, but without trained personnel, clear authorities, defined procedures and strong coordination, those tools alone will fall short. 

Effective counter-drone operations require an integrated approach that brings together policy, training, interagency collaboration, organizational communications and operational planning alongside technology. Success will depend on how well local agencies build and sustain these capabilities over time.

The drone threat is not slowing down, and neither can our response. Local law enforcement and correctional agencies now have both the authority and the opportunity to act. The next step is ensuring they are fully equipped to protect the communities they serve.

Lieutenant General Keith J. Stalder (U.S. Marine Corps, Ret.) is the Founder and President of KSA Integration, LLC, an award-winning defense and homeland security provider that delivers advanced Counter-Unmanned Aircraft Systems solutions through cutting-edge technologies, strategic partnerships and operational reach. A former F-4 and F/A-18 pilot, LtGen Stalder served over 37 years in the U.S. Marine Corps, where he led U.S. Marine Corps Forces Pacific, II Marine Expeditionary Force and 3D Marine Aircraft Wing.

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