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In the yahd, not too
fah from the cah
Picture of ryan81986
posted
I thought the ban was just on DJI, I didn't realize the scope of how far it went.

I was looking at the Potensic ATOM 3 which appears to fit all of my needs (especially cost) however then I read that it's not legal to own/use in the USA even though I can order one on Amazon right now and have it by tomorrow.

The alternative one I'm currently looking at is the SkyRover X1 which seems to be the next close second.

Does anyone else have any recommendations? My primary use will be for photo/video. Hoping for under $1k.




 
Posts: 6744 | Location: Just outside of Boston | Registered: March 28, 2007Reply With QuoteReport This Post
Member
Picture of B52Wing
posted Hide Post
This is per Copilot:

Let me know if this is not allowed.

I kind of guessed at the answer before I used AI but this is much clearer and easier.

Basically it can't be imported after the ban but existing stocks can be sold if it was imported before the ban. I would be concerned about warranty issues but that is up to you.

You can also buy and use a used DJI drone but I have no idea what that market looks like as far as prices.

If you can buy it from Amazon, it is not illegal for you to do so. It is also not illegal for you to USE any previously legal drone no matter the current legality of the import status. This is the same thing that has been going on with certain radio transceivers for years.


---

# **If you can buy a Potensic ATOM 3 on Amazon, is it illegal?**

## **No — it is *not* illegal for *you* to buy it.**
Even if a drone is restricted from *sale* or *import* by the FCC, **it is not illegal for a consumer to purchase, own, or fly it** (assuming FAA rules are followed).

This distinction matters:

---

## ✅ **LEGAL FOR YOU**
- Buying it from Amazon
- Owning it
- Flying it (as long as you follow FAA rules: TRUST/Part 107, airspace, Remote ID, etc.)

There is **no federal law** that criminalizes a consumer for buying a drone that slipped through Amazon’s marketplace.

---

## ❌ **WHAT MAY BE ILLEGAL — FOR THE SELLER**
If the Potensic ATOM 3 lacks FCC equipment authorization, then:

- **Amazon cannot legally import it**
- **Amazon cannot legally sell it**
- **Potensic cannot legally market it in the U.S.**

But that liability is **on the seller**, not you.

Amazon’s marketplace often has:
- Third‑party sellers outside the U.S.
- Sellers who list items before FCC authorization is complete
- Sellers who ship from overseas warehouses

The FCC does **not** prosecute consumers for buying such items.

---

# **FAA vs FCC — Why you’re safe**
- **FCC** regulates radio equipment *sales/import*.
- **FAA** regulates *flight*.

The FAA does **not** ban the ATOM 3.
The FCC does **not** criminalize consumer purchases.

So if Amazon sells it to you, **you’re not breaking any law**.

---

# **The only real risk**
If the drone:
- lacks Remote ID
- or fails to meet FAA requirements
then you could be restricted from flying it in certain airspace.

But that’s an FAA compliance issue — **not a criminal issue**, and not related to FCC sales restrictions.

---

# **Bottom line**
If Amazon lets you check out and ship it.

### **You are not doing anything illegal.**
The legality problem is on the seller, not the buyer.
 
Posts: 134 | Location: Ohio | Registered: December 17, 2004Reply With QuoteReport This Post
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