What is the sky?
Where do you draw the limit for where the sky is?
Clearly flying one inch over a person's head is not really considered in the sky.
Clearly 1km or so up is in the sky.
I don't know what shot was in this thing, but if it came within shotgun range, it is in someone's close vicinity and I would argue it isn't in the sky. #6 bird shot only has an effective range of 100m or so fired upwards. 00 buck (9-ball) - a typical home defence load - has longer range, but you'd be damn lucky to hit a drone with that.