Nevada Law Restricts Public Safety Agencies from Using DJI Drones, Limits Drone as First Responder Applications

New UAV Regulations, Effective January 1, 2025

Nevada Senate Bill 11 (SB11), effective January 1, 2025, places new restrictions on the use of unmanned aerial vehicles (UAVs) by public agencies and law enforcement. The law prohibits the purchase or operation of drones and related equipment from certain entities, including those flagged by the U.S. Department of Defense (DoD) for national security reasons. This includes drones manufactured by the world’s largest drone manufacturer, DJI, identified by the DoD as a Chinese military company. DJI denies any ties to the Chinese military.

Key Regulations in SB11

Prohibited Sources for Drones and Equipment

The law mandates that Nevada’s Department of Public Safety (DPS) establish lists of countries, businesses, and entities from which public safety agencies cannot purchase or operate drones or related equipment. These lists must include:

• Entities identified by the DoD under Section 1260H of the National Defense Authorization Act (NDAA), which currently includes DJI.
• Any vendors or services prohibited by Nevada’s IT security policies.

Designed to align with federal guidelines aimed at addressing cybersecurity and national security risks, the law could have a significant impact on public safety agencies.

Law Enforcement and Public Agency Use

SB11 sets strict limits on when and how drones can be used:

• Law enforcement must obtain a court warrant to use drones for evidence collection in areas where privacy is expected. Warrants are valid for 10 days and can be renewed upon showing probable cause.
• Drones can be used without a warrant in emergencies, such as search and rescue operations, imminent threats to safety, or during state-declared emergencies.

Public agencies may operate drones only for specific purposes like fire services, emergency medical services, and protecting critical facilities. Agencies must register their drones with the DPS and cannot use them for law enforcement investigations or criminal prosecutions. The text of SB11 explicitly states: “A public agency … must not operate an unmanned aerial vehicle for the purposes of assisting a law enforcement agency with law enforcement or conducting a criminal prosecution.”  While it’s unclear what “assisting a law enforcement agency with law enforcement” includes, it would appear to limit the use of drones in Drone as First Responder (DFR) programs.

Privacy and Evidence Restrictions

SB11 includes multiple privacy provisions that could limit law enforcement use of drones. Drones operated during inspections must not collect photographs, recordings, or other data. If such data is collected, it cannot be used in legal or administrative proceedings unless it pertains directly to the inspection.

Additionally, any information obtained unlawfully by drones is inadmissible and cannot serve as the basis for further investigations.

Impact on DJI and Other Manufacturers

The inclusion of DJI drones on the prohibited list aligns Nevada with federal concerns about the security risks of using foreign-manufactured drones in sensitive operations. The DoD’s designation of DJI as a Chinese military company has prompted similar restrictions in other states and agencies. While DJI disputes this designation, Nevada’s law reflects growing caution in the US regarding foreign drone technology.  However, DJI drones are still a majority in public safety programs around the country.  Some stakeholders fear that limiting DJI use could lead to fewer public safety agencies utilizing drone technology.

On the other hand, US-based manufacturers are working to close the gap in functionality – and proponents of limiting Chinese-manufactured drones say that in addition to security concerns, the move will create a more level playing field for US drone makers to compete.

SB11 represents a significant shift in how Nevada’s public agencies and law enforcement use drones, and public safety agencies will have to adapt both their procurement and operational practices to comply with the new law.

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