SAFER SKIES Act: What Jails and Police Departments Can Now Legally Do to Stop Drones

For years, the scene played out the same way at prisons across the country. An officer on the yard hears the buzz, spots a drone hovering over the fence line, watches a package drop — and can do nothing except call it in and start a search. Under federal law, state and local corrections officers could see the aircraft. They could not touch it.

That changed in 2026. The SAFER SKIES Act, passed as part of the Fiscal Year 2026 National Defense Authorization Act, gives trained and certified state, local, tribal and territorial (SLTT) law enforcement and correctional agencies their own counter-drone authority for the first time. The Department of Justice and the Department of Homeland Security put that authority into operation with an Interim Final Rule that took effect July 1, 2026 (published July 6 at 91 FR 41466, codified at 6 and 28 CFR Part 124).

This guide explains what the rule actually allows, what your officers need to get certified, what equipment qualifies, and where agencies most often get it wrong.

The Problem the Law Was Written For

Drone contraband is not a fringe issue anymore. Federal officials testified that the Bureau of Prisons logged 479 drone incidents at federal prisons in 2024, up from 23 in 2018. The Georgia Department of Corrections reported 373 drone incidents by its 2025 budget presentation, with monthly totals climbing past 60, and recorded 71 in November 2025 alone. In South Carolina, officials intercepted a single drone carrying 464 grams of fentanyl.

The payloads are phones, drugs, tobacco, and weapons — the contraband that drives extortion, overdoses, and assaults on staff inside the walls. And until this year, most state facilities were stuck in a "detect and observe" posture: find the drone, then hope to find the drop before an inmate does.

Drones are one entry route in a bigger picture. For the full layered approach — visitors, mail, staff entry, and the perimeter — see our Jail Contraband Detection Equipment guide.

Two Tiers of Authority: Detection and Mitigation

The rule does not hand every agency a drone gun. It creates two levels of certification, and the gap between them is significant.

Tier 1 — Detection Certification

• Lets certified personnel detect drones and intercept drone signals to assess whether a threat exists.
• Training is a free online course of about one hour; certification is issued on completion.
• It resolves the Wiretap Act and pen-register exposure that made RF drone detection legally risky for local agencies before.

Tier 2 — Mitigation Certification

• Lets certified operators disrupt, take control of, or disable a drone that poses a credible threat.
• Requires a two-week residential course at the FBI's National Counter-UAS Training Center at Redstone Arsenal, Alabama.
• The rule includes a corrections-specific training curriculum.

Agencies must also complete an annual attestation through an FBI-operated federal portal. DOJ and DHS expect roughly 1,500 agencies to certify for detection and about 150 for mitigation within two years. In practice, that means most jails will start with detection — and the agencies that move first on mitigation will set the standard for their region.

What Equipment Qualifies

This is where procurement officers need to slow down. The rule does not waive the Communications Act's jamming prohibition (47 U.S.C. 333). Any counter-drone system that emits radio energy — for detection or mitigation — requires FCC authorization before deployment.

DOJ, DHS, DoD, DOT, the FCC and NTIA jointly maintain two lists:

• Authorized Technologies List — the categories of mitigation allowed. The initial list is expected to include RF disruption (broadband and protocol-specific jamming) and RF protocol manipulation (command injection and cyber takeover).
• Authorized Systems List — the specific systems approved for use. RF-emitting systems must pass an interagency spectrum evaluation before they are listed.

Passive sensors are treated differently. Cameras, acoustic sensors, and radar operating under FCC authorization are not subject to the list requirement. That makes passive detection the fastest path to a working program for most facilities.

Matching Equipment to Your Certification Level

• Handheld and wearable RF detection for yard officers and perimeter patrols — such as the RfPatrol passive drone detector.
• Fixed-site detection for continuous perimeter coverage — DroneSentinel, DroneNode, and DroneSentry layered systems.
• Mitigation (certified Tier 2 agencies only) — handheld drone guns such as the DroneCannon RW, deployable only with mitigation certification, a listed system, and the required FCC authorization.
• Full packages combining detection and mitigation — see Anti-Drone Complete.

Before you buy any mitigation system, confirm its current status on the Authorized Systems List and its FCC authorization. We will help your procurement office check both before a purchase order is issued.

The Operating Rules Agencies Miss

Certification is the start, not the finish. The rule carries operational requirements that will shape your policy:

• Your people only. Contractors cannot operate systems that require the Act's authority. "Turnkey" or vendor-managed counter-drone services are prohibited. Vendors may sell, install, maintain and train — your certified staff must run the system.
• A current threat, not a history. Mitigation requires a contemporaneous indicator that a specific drone poses a current risk. A pattern of past incursions alone does not justify taking one down.
• Fast reporting. Any mitigation activation must be reported to air traffic control within five minutes, and every mitigation action reported to federal oversight within 48 hours.
• Plans for fixed sites. Operations are coordinated through the federal portal. A 365-day standing window lets a correctional facility or other fixed site avoid resubmitting an unchanged plan every month.
• Records and penalties. Intercepted communication records generally must be deleted within 180 days. Knowingly operating without required coordination can bring civil fines up to $100,000 per violation and suspension of authority.
• The operator's call stands. A supervisor cannot order mitigation if the certified operator finds the threat standard is not met.

The statutory authority runs through December 2031 unless Congress extends it.

A Practical Rollout for a Jail or Prison

1. Certify for detection now. The online course is free and takes about an hour. Certify every officer who works the yard, perimeter, or tower.
2. Map your drop zones. Pull 12 months of incident reports. Drone drops cluster around specific yards, housing units, and blind spots.
3. Deploy passive detection first. Handheld RF detectors for patrols, fixed sensors for continuous coverage. Detection alone shortens search times and supports prosecutions.
4. Nominate officers for Redstone. Pick two or more operators per shift rotation for mitigation training.
5. Write the policy before buying mitigation. Threat criteria, reporting chain, ATC contacts, evidence handling, and bomb-squad coordination for suspicious payloads.
6. Add listed mitigation systems once certification and FCC authorization are in place.

Buying Through GSA

Security Pro USA has supplied law enforcement, corrections and federal agencies since 2004 and holds GSA Schedule GS-07F-0577T (CAGE 3R0M2). We support purchase orders, bid specifications, and sole-source documentation, and we can provide spec language for your solicitation that separates detection and mitigation line items so your purchase matches your certification level.

Request a Counter-Drone Quote

Or call 1-800-264-8273 · info@securityprousa.com

Frequently Asked Questions

Can a county jail legally use a drone jammer now?

Only if its operators hold mitigation certification, the system is on the federal Authorized Systems List, and the agency has the required FCC authorization. Without all three, jamming remains prohibited.

How long does counter-drone certification take?

Detection certification is a free online course of about one hour. Mitigation certification is a two-week residential course at the FBI's National Counter-UAS Training Center in Redstone Arsenal, Alabama.

Can we hire a contractor to run our counter-drone system?

No. Only certified agency personnel may operate systems that use the Act's authority. Contractors may sell, install, maintain and train.

Does drone detection equipment need federal approval?

Passive systems such as cameras, acoustic sensors and FCC-authorized radar are not subject to the list requirement. Any system that emits radio energy needs FCC authorization.

When does the SAFER SKIES authority expire?

The statutory authorities run through December 2031 unless Congress extends them.

This article summarizes the July 2026 Interim Final Rule for planning purposes and is not legal advice. Confirm current requirements with your agency counsel and the FBI National Counter-UAS Training Center before deployment.

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