weapon

Airspace Closure Over Laser Weapon Use A Glaring Example Of Drone Defense Policy Struggles

The recent use of a laser directed energy weapon to down an aerial object near El Paso, Texas, and its chaotic aftermath, highlight the policy challenges and impediments the U.S. still faces in defending against drone incursions over the homeland. These are major national security concerns and a topic The War Zone has been reporting on for years.

The latest chapter in the ongoing saga of U.S. efforts to begin countering small drone incursions over the country began last week. Reacting to what they thought was a drone operated by a Mexican drug cartel, Customs and Border Protection (CBP) personnel reportedly used a laser directed energy weapon to take down the object, which multiple reports say turned out to be a Mylar balloon. The system, which Reuters identified as a AeroVironment LOCUST laser counter-drone weapon, was lent to CBP by the U.S. Army. This is the first publicly known instance of an object being shot down over the U.S. with a laser in an operational setting.

You can read more about LOCUST and how it works in our story here.

An AeroVironment LOCUST laser directed energy weapon owned by the U.S. Army was at the center of a chain of events that led to the recent shutdown of airspace around El Paso, Texas, according to a report from Reuters.
An AeroVironment LOCUST laser directed energy weapon owned by the U.S. Army was reportedly at the center of a chain of events that led to the recent shutdown of airspace around El Paso, Texas. (AeroVironment)

The use of the LOCUST came as the FAA was working on “a safety assessment of the risks the new technology could pose to other aircraft,” The New York Times reported. “F.A.A. officials had warned the Pentagon that if they were not given sufficient time and information to conduct their review, they would have no choice but to shut down the nearby airspace.”

The tug of war between the Pentagon and FAA – which led to a shutdown of airspace over the nation’s 23rd largest city – is a glaring example of the convoluted and conflicting authorities the U.S. relies on to deal with the increasing threat posed by drones.

The FAA did not respond to our request for comment. We also reached out to U.S. Northern Command and AeroVironment for comment.

BREAKING: The Pentagon let Customs and Border Protection use an anti-drone laser before the FAA closed El Paso airspace, AP sources say. https://t.co/T3F2pDAiZk

— The Associated Press (@AP) February 12, 2026

However, safety concerns about using directed energy weapons, and especially kinetic ones, to take down drones in the U.S. have been a major factor in why they aren’t employed in this role. 

A little less than a year and a half ago, officials at U.S. Northern Command (NORTHCOM), which has coordinating authority for counter-drone efforts in the U.S., said the use of such weapons was not yet on the table. The reason is that they can create dangerous or otherwise serious collateral effects that are not a concern in a war zone.

Boeing’s Compact Laser Weapon System (CLWS) (Boeing)

“The biggest thing right now is the impact of the laser when it moves beyond its target,” NORTHCOM Deputy Test Director Jason Mayes said of laser directed energy weapons for counter-drone use. “You know, how far is it going? What’s that going to do? How long does the laser need to remain on target before it begins to inflict damage and so on, right?”

Mayes, speaking to a small group of reporters, including from The War Zone at Falcon Peak 2025, a counter-drone experiment at Peterson Space Force Base in October 2024, also raised questions about whether the laser beam could impact aircraft or even satellites passing by, as well as things on the ground like “hikers up on a hill.”

The military has been working to mitigate those concerns, Mayes proffered at the time.

“I think that we could get to a point where we have approval for that here in the homeland,” he posited.

The video below shows a test of a U.S. Navy shipboard laser directed energy weapon capable of being employed against drones.

USS Portland (LPD 27) tests LWSD laser system




It is unclear when the approval to use laser counter-drone weapons came or how extensive such permissions have been. We also don’t know if the LOCUST system, understood to have been stationed at nearby Fort Bliss, was sent there under a pilot program established under the Fiscal Year 2026 National Defense Authorization Act (NDAA). It calls for at least four military installations to be used to speed up the development of counter-drone efforts at bases across the country. The measure includes systems “capable of destroying or disabling a small unmanned aircraft by means of high-powered microwave, laser, or other similar technology.”

Fort Bliss is also home to a significant portion of the Army’s air defense units, which are increasingly charged with the counter-drone mission. The base is also a major hub for border security operations, which the U.S. military often conducts in cooperation with law enforcement agencies, as well.

Using a counter-drone device, a Fort Bliss Law Enforcement Activity Military Police Company Soldier participates in a counter-unmanned aircraft system drill as part of an integrated protection exercise at Fort Bliss, Texas, Aug. 20, 2025. The equipment is designed to jam the signal of a hostile drone, protecting personnel and facilities.
Using a counter-drone device, a Fort Bliss Law Enforcement Activity Military Police Company soldier participates in a counter-unmanned aircraft system drill as part of an integrated protection exercise at Fort Bliss, Texas, Aug. 20, 2025. (U.S. Army) David Poe

The future domestic use of laser counter-drone weapons remains an open question, but the NDAA pilot program gives the military additional authorities under existing statutes to at least test them. Still, as we have frequently noted, a confusing and often competing set of federal laws governing the use of counter-drone systems domestically impacted the ability to defend against these threats. The El Paso situation is a case in point of how challenging this can be.

NORTHCOM has authority over the troops and equipment, in this case a laser system, to take down the drones. However, federal laws limit where and when the military can use these systems, which is a large reason why CBP was involved.

In advance of the U.S. hosting the 2026 World Cup and 2028 Olympic Games, the Trump administration pushed to expand counter-drone authorities. Congress granted that when it passed the Fiscal Year 2026 National Defense Authorization Act (NDAA).

Under a federal law known as 124n, “the Departments of Homeland Security (DHS) and Justice (DOJ, including CBP, have limited authority to mitigate drone threats domestically to protect covered facilities or assets,” Scott Shtofman, Vice President & Counsel, Regulatory Affairs for the Association for Uncrewed Vehicle Systems International (AUVSI), told us. “That authority has been extended and expanded, under the Safer Skies Act of the NDAA, to certain certified state, local, Tribal, and territorial agencies operating under federal training and oversight.”

Still, “it’s not a blanket nationwide shoot down power and only applies in defined threat situations,” he added. 

A chart of DHS counter-drone authorities. (DHS)

Meanwhile, under another federal statute commonly referred to as 130(i), “DoW can mitigate drone threats to protect military installations and missions inside the U.S., but it does not have general domestic airspace policing authority,” Shtofman posited.

However, the Pentagon is working to expand its counter-drone capabilities. 

In January, the recently created Joint Interagency Task Force (JIATF) 401 announced updated guidance for counter-unmanned aerial systems (UAS) operations. The move empowered installation commanders “to take decisive action to protect military facilities, assets, and personnel within the homeland,” according to a press release at the time.

“The guidance, signed by the Secretary of War on December 8, 2025, streamlines and consolidates existing policies for detecting and mitigating UAS under the authority of 10 U.S. Code § 130i,” the release added, referring to another one of the laws governing domestic counter-small drone efforts. “It addresses the direct and growing threat posed by the proliferation of inexpensive and capable UAS. This updated framework provides commanders with the expanded authority and flexibility needed to dominate the airspace above their installations.”

Fort Bliss, Texas. (US Army)

Among other things, the new rules eliminate restrictions on defense perimeters that reduced installation commanders’ abilities to protect against drones.

“The previous ‘fence-line’ limitation has been removed, giving commanders a larger defensive area and greater decision space to protect covered facilities and assets,” the new rules state.

In earlier reporting, we noted that not all installations were considered “covered” to take down drones. The new rules permit service secretaries to determine which installations should be covered, to increase the number.

Beyond that, the Pentagon is now allowed to share “UAS track and sensor data among interagency partners, including the Department of Homeland Security (DHS) and the Department of Justice (DOJ). It also allows for the use of trained and certified contractor personnel as C-sUAS operators.”

“Every commander has the inherent right to self-defense,” the Pentagon told us. “The Department of War will defend its personnel and assets from illicit UAS activity in accordance with our authority under title 10 Section 130i, and the standing rules for the use of force.”

A US Customs and Border Protection (CBP) Border Patrol vehicle drives past recently installed concertina wire on a section of border wall fencing along the US-Mexico border between San Diego and Tijuana in San Diego, California on April 24, 2025. (Photo by Patrick T. Fallon / AFP) (Photo by PATRICK T. FALLON/AFP via Getty Images)
A US Customs and Border Protection (CBP) Border Patrol vehicle drives past recently installed concertina wire on a section of border wall fencing along the US-Mexico border between San Diego and Tijuana in San Diego, California on April 24, 2025. (Photo by Patrick T. Fallon / AFP) PATRICK T. FALLON

In addition to the numerous drone incursions over U.S. installations that we have frequently covered, cross-border cartel drone operations are a chronic issue, and we have been calling attention to the growing dangers they pose for many years now. Controversy over the El Paso incident was magnified after the White House insisted that the U.S. shot down a cartel drone flying over the border, which was later contradicted by the reporting that it was a mylar balloon.

Regardless of what it was, small drones remain a clear and present danger to the U.S. Whether new technology and additional authorities to use them will make a difference is an open question.

Update: 8:31 PM Eastern –

A U.S. official responded with answers to some of our questions.

  1. The limit on the distance installation commanders can counter drones is the capability of their counter-UAS systems and the ability to coordinate with local authorities and communities.
  2. No sites have been chosen yet for the counter-drone pilot program.
  3. To his knowledge, the El Paso incident was the first time a directed energy weapon had been used against illicit drones in the homeland.
  4. There are no statutory preclusions to using directed energy weapons against drones in the homeland.

Contact the author: howard@thewarzone.com

Howard is a Senior Staff Writer for The War Zone, and a former Senior Managing Editor for Military Times. Prior to this, he covered military affairs for the Tampa Bay Times as a Senior Writer. Howard’s work has appeared in various publications including Yahoo News, RealClearDefense, and Air Force Times.




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Minneapolis shooting scrambles 2nd Amendment politics for Trump

Prominent Republicans and gun rights advocates helped elicit a White House turnabout this week after bristling over the administration’s characterization of Alex Pretti, the second person killed this month by a federal officer in Minneapolis, as being responsible for his own death because he lawfully possessed a weapon.

The death produced no clear shifts in U.S. gun politics or policies, even as President Trump shuffles the lieutenants in charge of his militarized immigration crackdown. But important voices in Trump’s coalition have called for a thorough investigation of Pretti’s death while also criticizing inconsistencies in some Republicans’ 2nd Amendment stances.

If the dynamic persists, it could give Republicans problems as Trump heads into a midterm election year with voters already growing skeptical of his overall immigration approach. The concern is acute enough that Trump’s top spokeswoman sought Monday to reassert his brand as a staunch gun rights supporter.

“The president supports the 2nd Amendment rights of law-abiding American citizens, absolutely,” White House Press Secretary Karoline Leavitt told reporters.

Leavitt qualified that “when you are bearing arms and confronted by law enforcement, you are raising … the risk of force being used against you.”

Videos contradict early statements from administration

That still marked a retreat from the administration’s previous messages about the shooting of Pretti. It came the same day the president dispatched border advisor Tom Homan to Minnesota, seemingly elevating him over Homeland Security Secretary Kristi Noem and Border Patrol chief Greg Bovino, who had been in charge in Minneapolis.

Within hours of Pretti’s death on Saturday, Bovino suggested Pretti “wanted to … massacre law enforcement,” and Noem said Pretti was “brandishing” a weapon and acted “violently” toward officers.

“I don’t know of any peaceful protester that shows up with a gun and ammunition rather than a sign,” Noem said.

White House Deputy Chief of Staff Stephen Miller, an architect of Trump’s mass deportation effort, went further on X, declaring Pretti “an assassin.”

Bystander videos contradicted each claim, instead showing Pretti holding a cellphone and helping a woman who had been pepper-sprayed by a federal officer. Within seconds, Pretti was sprayed too and taken to the ground by multiple officers. No video disclosed thus far has shown him unholstering his concealed weapon, which he had a Minnesota permit to carry. It appeared that one officer took Pretti’s gun and walked away with it just before shots began.

As multiple videos went viral online and on television, Vice President JD Vance reposted Miller’s assessment, while Trump shared an alleged photo of “the gunman’s gun, loaded (with two additional full magazines!).”

On Tuesday, Trump was asked whether he agreed with Miller’s comment describing Pretti as an “assassin” and answered “no.” But he added that protesters “can’t have guns” and said he wants the death investigated.

“You can’t walk in with guns, you just can’t,” Trump told reporters on the White House lawn before departing for a trip to Iowa.

Swift reactions from gun rights advocates

The National Rifle Assn., which has backed Trump three times, released a statement that began by casting blame on Minnesota Democrats it accused of stoking protests. But the group lashed out after a federal prosecutor in California said on X, “If you approach law enforcement with a gun, there is a high likelihood they will be legally justified in shooting you.”

That analysis, the NRA said, is “dangerous and wrong.”

FBI Director Kash Patel magnified the blowback Sunday on Fox News’ “Sunday Morning Futures With Maria Bartiromo.” No one, Patel said, can “bring a firearm, loaded, with multiple magazines to any sort of protest that you want. It’s that simple.”

Erich Pratt, vice president of Gun Owners of America, was incredulous.

“I have attended protest rallies while armed, and no one got injured,” he said on CNN.

Conservative officials around the country made the same connection between the 1st and 2nd amendments.

“Showing up at a protest is very American. Showing up with a weapon is very American,” state Rep. Jeremy Faison, who leads the GOP caucus in Tennessee, said on X.

Trump’s first-term vice president, Mike Pence, called for a “full and transparent investigation of this officer involved shooting.”

A different response from the past

Liberals, conservatives and nonpartisan experts noted how the administration’s response differed from past conservative positions involving protests and weapons.

Multiple Trump supporters were found to have weapons during the Jan. 6, 2021, attack on the U.S. Capitol. Trump issued blanket pardons to all of them.

Republicans were critical in 2020 when Mark and Patricia McCloskey had to pay fines after pointing guns at protesters who marched through their St. Louis neighborhood after the police killing of George Floyd in Minneapolis. And then there’s Kyle Rittenhouse, a counterprotester acquitted after fatally shooting two men and injuring a third in Kenosha, Wis., during the post-Floyd protests.

“You remember Kyle Rittenhouse and how he was made a hero on the right,” Trey Gowdy, a Republican former congressman and attorney for Trump during one of his first-term impeachments. “Alex Pretti’s firearm was being lawfully carried. … He never brandished it.”

Adam Winkler, a UCLA law professor who has studied the history of the gun debate, said the fallout “shows how tribal we’ve become.” Republicans spent years talking about the 2nd Amendment as a means to fight government tyranny, he said.

“The moment someone who’s thought to be from the left, they abandon that principled stance,” Winkler said.

Meanwhile, Democrats who have criticized open and concealed carry laws for years, Winkler added, are not amplifying that position after Pretti’s death.

Uncertain effects in an election year

The blowback against the administration from core Trump supporters comes as Republicans are trying to protect their threadbare majority in the U.S. House and face several competitive Senate races.

Perhaps reflecting the stakes, GOP staff and campaign aides were hesitant Monday to talk about the issue at all.

The House Republican campaign chairman, Rep. Richard Hudson of North Carolina, is sponsoring the GOP’s most significant gun legislation of this congressional term, a proposal to make state concealed-carry permits reciprocal across all states.

The bill cleared the House Judiciary Committee in the fall. Asked Monday whether Pretti’s death and the Minneapolis protests might affect debate, an aide to Speaker Mike Johnson (R-La.) did not offer any update on the bill’s prospects.

Gun rights advocates have notched many legislative victories in Republican-controlled statehouses in recent decades, including rolling back gun-free zones around schools and churches and expanding gun possession rights in schools, on university campuses and in other public spaces.

William Sack, legal director of the Second Amendment Foundation, said he was surprised and disappointed by the administration’s initial statements after the Pretti shooting. Trump’s vacillating, he said, is “very likely to cost them dearly with the core of a constituency they count on.”

Barrow and Riccardi write for the Associated Press. AP writers Josh Boak in Washington and Kimberlee Kruesi in Providence, R.I., contributed to this report.

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