A North Dakota law that was signed on April 15 has recently started a controversy once Americans realized that the law allows police to use nonlethal weapons on drones.

North Dakota HB 1328 was first introduced by Representative Rick Becker (R) with the intention of protecting privacy. The bill does this by requiring police to obtain a warrant before they use a drone for surveillance, while including the normal exception established by court precedents. The law also clearly states what the warrant must provide specification to be valid, including the location, type of data that will be collected, and for how long the data will be kept.

Also included in the first version of the bill was a section prohibiting the use of lethal or nonlethal force in relation to drone surveillance. This section was later amended to only prohibit lethal weapons allowing for the drones to be equipped with taser, tear gas, and rubber bullets. Becker explained in an interview with Arstechnica that the amendment was proposed by the law enforcement lobby as a compromise for not opposing the bill, and that it was not his original vision for the bill.

The new section is what grabbed readers’ attention in recent weeks with headlines of “North Dakota Legalizes Armed Police Drones” from NPR and other new outlets. The outrage is also amplified by discussions about police militarization in the last year after the Ferguson Riots. While the drones are not allowed to carry the same type of weapons as military drones, opponents have pointed to the number of deaths caused by these nonlethal weapons. According to The Guardian, there has been 39 people killed by taser in 2015.

Proponents of the law argue that armed drones could be useful in apprehending a suspect. An example would be if a suspect is armed, the police department would not have to risk any officers and could instead use a drone. Additionally, the law does not mandate the police to arm the drones, and they can chose to only use them for warranted surveillance.

Becker has said that he plans to work to remove the section allowing drones to be armed with nonlethal weapons at the next session in 2017. Until then, drone surveillance in North Dakota will require a warrant, but that drone could potentially be armed.

Becker has said that he plans to work to remove the section allowing drones to be armed with nonlethal weapons at the next session in 2017. Until then, drone surveillance in North Dakota will require a warrant, but that drone could potentially be armed.