McDonnell has not decided whether to bar state and local agencies from using drones. McDonnell considers Va. drone ban

Virginia Gov. Bob McDonnell has not decided whether he will sign a bill barring state and local agencies from using drones for two years — the first legislation of its kind in the country that passed through the state’s General Assembly Tuesday with bipartisan support.

“The governor will review these bills when they reach his desk and consult with the appropriate parties on both sides of this issue before making a decision on what action he will take,” McDonnell spokesman Paul Logan told POLITICO.


That decision could come by the end of the month, at a time when drone use has been pushed to the front of the national dialogue. President Barack Obama has been criticized following the release of a memo earlier this week indicating that the government is using drones overseas to kill Americans who are linked to terrorism.

McDonnell, a Republican, told Washington-based radio station WTOP in May that he supported local police agencies using military-style drones for law enforcement.

“I think it’s great; I think we ought to be using technology to make law enforcement more productive, cuts down on manpower and also more safe, that’s why we use it on the battlefield,” McDonnell said at the time. “If you’re keeping police officers safe, making it more productive and saving money … it’s absolutely the right thing to do.”

But the bill’s supporters point to the bipartisan, vetoproof support it received — lawmakers were even able to unite the American Civil Liberties Union as well as tea party politicians. With drones becoming a national focus, Virginia lawmakers said they think McDonnell will most likely sign the bill.

“I think that while international issues related to the deployment of drones are different from the use of drones by local law enforcement, the general concern about the due process rights and the need for the involvement of the judiciary when it comes to drones is a common theme and concern that echoes with voters,” Virginia Del. Benjamin Cline, a Republican, told POLITICO. “And so I’m hopeful that the governor will sign this bill.”

Cline introduced the legislation in the state’s House while state Sen. Donald McEachin, a Democrat, echoed similar sentiments.

“I think the national conversation is definitely going to influence the governor, simply because it’s at the forefront of the national conversation and this moratorium gives us more time to work on this issue,” McEachin told POLITICO.

Both noted that the moratorium would allow for lawmakers to review drone use in two years.

“I think that we need to catch our breath and review the need to apply Fourth Amendment protection in the 21st century,” Cline said.

And while Virginia would be the first state to implement such legislation, Texas has already followed suit. State lawmakers on both sides of the aisle introduced legislation that would make it illegal to use drones to pry on private property without consent, The Houston Chronicle reported Wednesday.