SB 142 Senate Bill - Bill Analysis
Other states are doing the same
Quote:
49 U.S. Code § 40103 (b)(2)(B)
(b) Use of Airspace.?
...
(2) The Administrator shall prescribe air traffic regulations on the flight of aircraft (including regulations on safe altitudes) for?
(B) protecting individuals and property on the ground;...
https://www.law.cornell.edu/uscode/text/49/40103
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FAA regs are only administrative rules not law. I don't think that the states can control airspace -- the airspace is federal. This whole subject is going to the courts and that old 1942 SCOTUS case will be cited it's something you didn't learn in air controller school -- it is called precedent and it wins in court cases all the time.
I shouldn't even waste my time ....