No, the December 23, 2025, deadline under the 2025 National Defense Authorization Act (NDAA) does not require DJI drones to be activated before that date to remain legal for use or sale in the United States. The deadline pertains to the importation and FCC authorization of new DJI drones, not their activation. Here’s a clear explanation addressing your question, incorporating relevant information about activation and legal requirements:
- NDAA Deadline and FCC Covered List: The 2025 NDAA mandates a security audit of DJI by a U.S. national security agency by December 23, 2025. If no audit is completed, DJI will be added to the FCC’s Covered List, blocking new DJI drones from receiving FCC authorization for radio frequencies needed to operate. This affects the importation and sale of new DJI drones after the deadline, not the use of drones already in the U.S. or their activation status.
- Activation of DJI Drones: Activating a DJI drone typically involves setting it up with the DJI app (e.g., DJI Fly) to bind it to your account, update firmware, and enable full functionality. There’s no FAA or FCC requirement mandating that a drone be activated by a specific date to remain legal. As long as a DJI drone was legally imported and FCC-authorized before December 23, 2025, it can be activated and used afterward without legal issues, assuming no retroactive FCC bans are applied to existing models.
- Legal Use of Existing Drones: Drones legally imported and FCC-authorized before the deadline remain legal to own, fly, and sell (e.g., existing retailer stock or secondhand) under current FAA regulations, regardless of when they’re activated. The FAA has not indicated that existing DJI drones will face restrictions for recreational or Part 107 operations post-December 23, 2025. For example, you could buy a DJI drone from existing stock in January 2026, activate it then, and fly it legally, provided it complies with FAA rules like registration and Remote ID.
- Retroactive FCC Risk: The FCC’s October 2025 vote allows it to retroactively revoke authorizations for previously approved DJI drones if DJI is added to the Covered List. If this happens, it could restrict the sale of existing models and potentially affect their legal operation (e.g., if radio frequency use is prohibited). However, industry experts like Vic Moss argue that retroactive bans are unlikely to impact consumer drones broadly, especially for first responders who rely on DJI (90% of their fleets). This suggests activation and use of pre-December 23 drones should remain viable, but you should monitor FCC updates.
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FAA Requirements for Activation and Operation: To legally fly a DJI drone in the U.S., you must comply with FAA regulations, which are separate from the NDAA/FCC issues:
- Registration: Drones over 250 grams (e.g., most DJI models like Mavic, Air, or Phantom) must be registered with the FAA via DroneZone. This applies regardless of activation status and must be done before flying. Drones under 250 grams (e.g., DJI Mini 4 Pro) are exempt for recreational use but require registration for commercial use.
- Remote ID: As of 2025, drones requiring registration must broadcast Remote ID (a digital license plate). Most newer DJI drones have built-in Remote ID, but older models may need an external module. Ensure compliance before flying, regardless of when the drone is activated.
- TRUST Test: Recreational pilots must pass the free Recreational UAS Safety Test (TRUST) and carry proof of completion. This is a one-time requirement and applies whenever you start flying, not tied to the December 23 deadline.
- Part 107 for Commercial Use: If flying commercially, you need a Part 107 certification, which involves a test and recurrent training every three years. This applies to any drone operation, activated before or after December 23.
- Practical Implications for Sellers and Buyers: If you’re selling DJI drones, the key is ensuring they were imported and FCC-authorized before December 23, 2025, as you confirmed in your prior question. Buyers can activate these drones at any time after purchase without legal issues, as activation is a manufacturer process, not a regulatory one. However, post-December 23, firmware updates, spare parts, or software support (e.g., DJI Fly app) could be limited if DJI’s U.S. operations are restricted, potentially affecting newly activated drones. Stocking up on accessories and downloading firmware before the deadline is advisable.
- No Evidence of Remote Disabling: Claims that DJI drones will be remotely disabled or “bricked” after December 23 are misinformation. Industry veteran Vic Moss, President of the Drone Service Providers Alliance, emphasizes that DJI has no incentive to disable drones, as it would harm their global market (U.S. is 20-25% of sales). Existing drones will continue to function, and activation post-deadline won’t trigger any automatic shutdown.
