He's white, it's okay.

Flying out of sight only underlines the illegality of the act. In Germany you need to keep relatively near to your drone and technically need to be able to fly by sight only (so can't stand in a building/car and then not see your drone).

FAA Certified drone pilot in the USA here. That's wild. In the US it's illegal to shoot down an aircraft of any sort

That's even wilder to me, since you have several states where you are allowed to shoot anyone trespassing on your property, but a drone, who can record and video and infringe on your privacy is illegal?!

That's like prime capitalism. Human lives are worthless, but don't damage my property. What?

Which means finding a personal purpose for using the spark radio, that way it remains a side-effect.

Might me time for some electrical experiments.

What about mistakingly

OP stated this was in europe. Out of the FAA's jurisdiction. The EASA may have similar rules though

If it's being operated over a home then it will almost certainly have to follow the rules on Operation Over People and those can be quite restrictive, especially for drones that weigh more than .55lbs.

That is incorrect... If you actually read the law you are trying to reference you will learn it's a prohibition on flying over "open-air assemblies of people" and if you read the final rule report (found on the very bottom of the page you linked under resources) on page 128 & 129 you will see how the FAA classifies "open-air assemblies of people".

The FAA received a few comments addressing the proposal to prohibit Category 3 operations over open-air assemblies of people. One commenter recommended the FAA clarify what it means by an “assembly of people” and provide a quantity or density of people that constitute a significant risk. The FAA has declined to define this term by regulation; rather, the FAA employs a case-by-case approach in determining how to apply the term “open-air assembly.”58 Whether an operational area is an open-air assembly is evaluated by considering the density of people who are not directly participating in the operation of the small unmanned aircraft and the size of the operational area. Such assemblies are usually associated with public spaces. The FAA considers some potential examples of open-air assemblies may include sporting events, concerts, parades, protests, political rallies, community festivals, or parks and beaches during certain events. Some potential examples that are less likely to be considered open-air assemblies include individual persons or families exiting a shopping center, athletes participating in friendly sports in an open area without spectators, individuals or small groups taking leisure in a park or on a beach, or individuals walking or riding a bike along a bike path, but whether an open-air assembly exists depends on a case-by-case determination based on the facts and circumstances of each case.

While the FAA refused to strictly give a definition, what was provided is enough to construed that private property does not constitute an "open-air assemblies of people".

He said pellet gun, not roof mounted anti-air guns

Unless it's a shotgun firing birdshot. This is why in many places you can hunt birds, it's really the only type of firearm you're allowed to use, because when shot at an upward trajectory, the pellets do not maintain enough velocity to be harmful when coming down and harmlessly fall to the ground. Anything rifled though is a different story, because its that spin on a bullet or a slug which allows the projectile to maintain its velocity and be dangerous when coming back down.