Technically, right now, with the way the law is? Unless you belong to the AMA *OR* you have a Part 107 certification, you may be flying illegally, even if you're flying over your own land, under the 400' height limit, etc. Has anyone really been busted big time for this? Not as far as I can tell.
Where it has been a focus as of late are the commercial people who think that all they have to do is go out and buy a DJI Phantom, put it in the air, and start recording for things like land development, or wedding videos, commercial and residential realty, etc. It's a way they can fine people left and right for commercial use, and it's filling coffers. There's also the incidents with people flying and the public going, "Stop recording me! You have no right! I do not give permission!" (which is another mess, and depending on where you are, may be completely legal for the drone operator to fly and record).
Am I an expert in all of this? HECK NO. But I've been trying to find the legalities and loopholes, and there's a LOT of misinformation out there. Let me say it this way - USE COMMON SENSE WHEN FLYING.
Just because you have a drone that can fly to 2 miles up (after you turn off the failsafes that say you shouldn't fly above 400') does not mean you should. If you think you're going to have people coming after you for flying your drone over a beach? Don't do it. If you see a police action going on, and you think you should be able to get footage with your drone? Not a good idea. In some cities/counties, that's illegal, so you're better off not risking it. And the big one, flying near an active airport. Come on. If you find it hard enough to land when you're trying to put down a small RC aircraft, imagine the pilots who are trying to land their planes and don't have 360 degree views around the plane itself. They can't see the drone that's out near their engine, getting ready to get sucked in. Don't make it harder on them. I would like to think that this is common sense, but as life and history have shown, there are dumb people out there that don't exercise common sense (like the guy in January, who was flying a DJI Phantom in restricted airspace, 2.5 mi. away from his location on a beach, and the misidentified "bird strike" cost something in the neighborhood of $20k in damage to a Blackhawk helicopter).
Exercise common sense. And if you see someone who isn't, tell them politely to exercise common sense.