Ohio 136th General Assembly · Sub. H.B. 251

Ohio House Bill 251 took effect on October 6, 2026. It does two things for public agencies. First, it sets new rules for how law enforcement agencies use drones: warrants, weapons, and flight records (R.C. 4561.60 to 4561.64). Second, it adds a foreign-adversary drone purchase rule (R.C. 5501.84) that does not start until October 6, 2030 and does not reach aircraft bought before that date.

In effect Oct 6, 2026Sec. 5501.84 effective Oct 6, 2030Signed Jul 7, 2026

The short version

  • Part 1 (now): A law enforcement agency needs a search warrant to use a drone to enter or look inside a house or place when officers would need a warrant to search it in person. The law lists nine warrantless uses, bans lethal weapons on drones, and requires flight-data records for surveillance flights.
  • Part 2 (Oct 6, 2030): Ohio public entities may not buy drones made or assembled by a country on the Secretary of State's foreign-adversary registry. The state-funding and operating limits apply only to aircraft bought on or after that date, and the rule does not apply where federal law or regulations allow the purchase and operation.

Three things people get wrong

  1. "It's SB 180." The law that passed is House Bill 251. Senate Bill 180, introduced April 23, 2025, was referred to the Senate Transportation Committee and shows no further action. A rewritten foreign-adversary section (R.C. 5501.84) was added to HB 251 in the Senate committee substitute.
  2. "It grounds our current fleet." No. R.C. 5501.84 starts October 6, 2030. Its limits on state funds and operation apply only to drones purchased on or after that date, and division (C) says the rule does not apply where federal law or regulations allow the purchase and operation.
  3. "Every police drone flight now needs a warrant." No. Under R.C. 4561.61 the warrant requirement applies when a drone is used to enter or observe the interior of a house or place that officers would need a warrant to search in person. R.C. 4561.62 lists nine uses that need no warrant.

Part 1 · R.C. 4561.60 to 4561.64 · In effect Oct 6, 2026

How law enforcement agencies may use drones

These sections apply to a "law enforcement agency," which the law defines as a government entity that employs peace officers (R.C. 4561.60). If your fire, EMS, or engineering program sits inside an entity that employs peace officers, ask your counsel how this applies to you.

4561.61

Warrant to see inside

If an officer would need a warrant to search a house or place in person, the agency needs one to enter or observe its interior with a drone. Surveillance data gathered without a required warrant is not admissible in a criminal proceeding, unless a 4561.62 exception applies.

4561.63

No lethal weapons

An agency may not use, authorize, or permit a drone armed with any lethal weapon. It also may not authorize one private person to surveil another by drone without the express, informed consent of that person or of the property owner.

4561.64

Document, keep, disclose

Document all flight data for each surveillance flight and verify that it is accurate and complete. Keep data relevant to an investigation, trial, or litigation until it is no longer needed. That flight and surveillance data is a public record under R.C. 149.43 unless an exemption applies.

R.C. 4561.62: nine uses that need no warrant

  • APatrolling within 50 miles of a national border
  • BExigent circumstances, including evidence at imminent risk of destruction
  • CBefore, during, or right after an environmental or weather-related catastrophe
  • DVehicle accident scenes, traffic congestion, and traffic enforcement that needs no warrant
  • EPhotographing and recording evidence at a crime scene
  • FFlying in navigable airspace, without physical intrusion, to see what is visible to the naked eye
  • GCollecting information from a public area on reasonable suspicion of criminal activity
  • HThreat assessment before a large or populous event
  • IResearch, education, training, testing, or development efforts related to drones, their technologies, and their potential applications, undertaken by or with a school, an institution of higher education, or a public or private collaborator

"Flight data" is defined to include both the original flight plan and the actual flight: duration, path, and mission objectives (R.C. 4561.60(B)). Defendants may obtain surveillance information about themselves through subpoena and discovery, but not the aircraft's operational capabilities or security details (R.C. 4561.64(C)).

Part 2 · R.C. 5501.84 · Effective Oct 6, 2030

The foreign-adversary purchase rule

Who

Public entities

The state and all political subdivisions, including boards, authorities, commissions, agencies, committees, councils, and state colleges and universities.

What

Three limits

From the effective date: no purchasing or acquiring a drone system made or assembled by a foreign adversary; no state funds for such systems purchased on or after that date; no operating such systems purchased on or after that date.

Unless

Federal override

Division (C): the rule does not apply if federal law or federal regulations allow the continued purchase and operation of the system or its component parts.

Who decides what's "foreign adversary"?

The Ohio Secretary of State keeps a registry, updated at least every six months and published on the Secretary of State's website. It must draw on federal lists: the Commerce Department's foreign-adversary determinations under Executive Order 13873, the Terrorist Exclusion List (8 U.S.C. 1182), the state sponsors of terrorism lists (50 U.S.C. 4813(c) and 22 U.S.C. 2780(d)), and designations under Executive Orders 13224 or 13268. No one can be listed who is not on at least one of those federal lists.

Why 2030? Section 3 of the act says R.C. 5501.84 "takes effect forty-eight months after the effective date of this section." The Ohio Revised Code lists the section's effective date as October 6, 2030.

Federal rules also matter now. On December 22, 2025, the FCC added foreign-produced drones and critical drone components to its Covered List. The FCC says this blocks authorization of new models, but previously authorized models can still be imported, sold, and used, and repairing already-authorized drones is not prohibited (FCC Covered List FAQ).

Timeline

  1. Apr 23, 2025SB 180 introduced in the Senate (referred to Transportation Apr 30, 2025; no further action recorded).
  2. Apr 30, 2025HB 251 introduced in the House (Rep. Bernard Willis).
  3. Nov 12, 2025HB 251 passes the House.
  4. Dec 22, 2025FCC adds foreign-produced drones and critical components to the Covered List.
  5. Jun 10, 2026Senate committee reports a substitute that adds R.C. 5501.84. The Senate passes it, and the House concurs the same day.
  6. Jul 7, 2026Signed by the Governor.
  7. Oct 6, 2026Act effective: the warrant, weapons, and flight-data rules (R.C. 4561.60 to 4561.64) are in force.
  8. Oct 6, 2030R.C. 5501.84 takes effect for drones purchased on or after this date.

Agency SOP checklist

  • Add the warrant trigger to your UAS policy. State the 4561.61 rule (entering or observing an interior where an in-person warrant would be required) and list the nine 4561.62 exceptions in your policy and pre-flight briefing.
  • Log every surveillance flight. Record the planned and actual flight: duration, path, and mission objective (4561.60(B), 4561.64(A)). Add a supervisor or second-person check that the record is accurate and complete.
  • Set retention and records handling. Hold case-relevant flight and surveillance data until it is no longer needed for the investigation, trial, or litigation. Work with your records officer on R.C. 149.43 requests and exemptions.
  • Prepare for discovery. Decide who answers subpoena and discovery requests for drone data, and how to separate protected operational and security details (4561.64(C)).
  • Confirm the weapons and private-surveillance rules. No lethal weapons on any agency drone. No permits for private-on-private drone surveillance without the required consent (4561.63).
  • Track purchase dates. Keep purchase and acquisition dates for every aircraft. R.C. 5501.84 turns on whether a system was purchased on or after October 6, 2030.
  • Watch the registry and federal rules. Before each future purchase, check the Ohio Secretary of State registry and current federal rules, including the FCC Covered List, which govern what can be bought.

Building or updating a law enforcement drone program?

See how we support Ohio law enforcement agencies, or email our public safety team with your HB 251 questions.

Law enforcement dronesgov@ohiodronerepair.com

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Sources

Not legal advice. This article summarizes enacted Ohio legislation for planning purposes. Confirm details against the Ohio Revised Code and consult your agency's legal counsel on warrant, records, and procurement questions.

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