Are there any legal issues shooting up into branches or tree tops with fac air?
Less than 0.22 LR or the like, the like being and air rifle with slubs - the diablo pellet shape means that the pellet bleeds energy very quickly compared to a bullet, this means they will generally return to earth under gravity with little energy, a bit like a shotgun pellet, which are shot into the air all of the time.No more than with a 22LR or the like.
I wouldn't because sending lead into the air at however many FPS and not knowing where it's going to come down is not great, plus if you do hurt someone, goodbye to your FAC and quite possibly freedom.
Saying that, I have shot pests out of a tree with my sub12, but there always has been a hill/backstop there.
Not saying you should get around without any consideration for where your pellet falls (especiallyas pellets are the only projectile that must legally stay within your boundary) but with a safe back box diablo pellets are inherently more safe than bullets.

