Nov 19, 2007
BB gun concern growing
Those under 18 can be arrested
By Scott J. Croteau TELEGRAM & GAZETTE STAFF
[email protected]
The law: A city ordinance allows police to arrest minors with BB guns.
The acts: Several people over age 18 have used BB guns to commit crimes.
The list: BB gun incidents in the city, Page A4
The quote: 'It is causing a lot of fear and alarm.' - Robert F. Pezzella, schools safety official
WORCESTER— People walking downtown have been shot by BB guns. Students are being caught in city schools with BB guns.
On Thursday, a student in a city elementary school showed off a BB gun in the school, and after school he allegedly used the gun to shoot another student in the stomach, according to authorities. The alleged shooting occurred off school grounds.
An 11-year-old is being charged with assault and battery with a dangerous weapon and is being suspended five days for having the BB gun in school, said Robert F. Pezzella, the schools' safety official. The 11-year-old victim was not seriously harmed.
School and police officials have long been seeking to clamp down on the growing presence of BB guns.
For some time, police could only confiscate BB or pellet guns from anyone under age 18, but a recently amended city ordinance allows police to make arrests.
While the amendment to the air rifle and BB gun ordinance strengthens one put in place more than a decade ago, police say possession of BB guns and pellet guns by people over 18 - especially those in the criminal world - also needs to be addressed.
"This is a nice start for addressing the BB gun problem," police spokesman Sgt. Kerry F. Hazelhurst said of the ordinance that was amended by the City Council on Oct. 2. "However, BB guns are being used in the commission of several crimes such as robberies, and we welcome additional language to address this issue."
Several people over 18 have been caught with BB guns and some have used them to commit crimes. Police also said gang members or convicted felons who can't buy a gun legally because of a criminal record sometimes resort to using a very real-looking BB gun to intimidate people.
On Nov. 13, a pizza delivery driver was robbed on Swan Avenue; three teenagers confronted him and said they had a gun. The man didn't see a gun, but ran when they demanded his delivery and money.
The driver, 49, heard two pops and began bleeding from the chin and ear, Sgt. Hazelhurst said.
Sgt. Hazelhurst is concerned about what might happen if police are confronted by someone waving a BB gun that looks exactly like a real handgun.
"The authenticity of these BB guns no doubt could have fatal consequences if someone confronts an officer," the sergeant said.
A bill was filed in January by a state representative from New Bedford would allow people using fake firearms in a crime to be charged and, if convicted, sentenced under the same guidelines used for a real firearm.
According to the Police Department, there have been 113 documented incidents of vandalism caused by BB or pellet guns. There are other undocumented incidents. At least 60 motor vehicles, 38 residences, 13 commercial properties and two public properties have been vandalized by BB or pellet guns, according to police statistics.
William T. Breault, chairman of the Main South Alliance for Public Safety, recalls a woman's car window being shot out with a BB gun in the area of Main and Hancock streets. Main South has had property damage from BB guns, he said, and the changes in the ordinance were needed.
The day three people were shot by BB or pellet guns downtown really upset Mr. Breault. The three people were shot at different times of the day July 24 in the areas of City Hall and Front Street.
"It really enraged me to have several people wounded like that," he said.
Mr. Pezzella, the Worcester School Department's executive assistant to the superintendent for school safety and violence prevention, said school officials are increasingly concerned about BB and pellet guns being brought to school.
Last school year, six BB or pellet guns were confiscated:
three from middle or high schools and
three from elementary schools, according to Mr. Pezzella. Three confiscations resulted in long-term suspensions.
This school year, there have been three long-term suspensions after school officials confiscated BB or pellet guns from students.
Under the amended ordinance, it is illegal for anyone under 18 to buy or have an air rifle, BB gun or pellet gun. A person under 18 can't be sold them, either. Police can now arrest anyone for violating those sections of the ordinance and fines of $100 to $150 are in place.
It continues to be illegal to fire BB or pellet guns in a public place. People under 18 can possess BB or pellet guns if they are with an adult or if they have a hunting or sporting license and have on them a permit from the chief of police. BB or pellet guns and paintball guns are not allowed at schools or school functions under school rules.
At Commerce Bank Field at Foley Stadium about a month ago, a middle school student brought a loaded pellet gun to a high school football game. The pellet gun was in his backpack and was confiscated, Mr. Pezzella said.
"Who knows what motives that person had?" he asked.
Where students are getting the BB, pellet or paintball guns is the key question, Mr. Pezzella said. Students caught with them aren't saying.
Parents have to be aware of the new ordinance and the possibility of their children being arrested.
"We want to get the message out to parents that could be purchasing these guns somewhat naively that if you buy a pellet or BB gun or paintball gun for your son or daughter, there clearly is going to be an arrest made if they bring it to school or get caught in the neighborhood with them," Mr. Pezzella said.
School officials aren't going to be quick to force students into the criminal justice system, but they want parents to know the ordinance exists. Students are bringing the weapons to school and passing them off as real guns in some cases, Mr. Pezzella said.
BB or pellet guns usually have red- or orange-colored tips at the end of the barrel. Mr. Pezzella said several of the guns that have been confiscated had the tips removed or colored black.
A sixth-grader was found with a BB gun with the tip removed four weeks ago.
"It is causing a lot of fear and alarm," Mr. Pezzella said.