BB gun shooter headed to Grovetown court

Monday, Jan. 21, 2013 5:03 PM
Last updated Wednesday, Jan. 23, 2013 9:47 AM
  • Follow Crime & courts

A Grovetown teen cited for firing a BB gun in the backyard of his home will face the charge today in Municipal Court.

Grovetown authorities cited McKenzie Ussery, 19, for discharging a firearm within the city limits Dec. 19.

To fight the $291 ticket, Ussery has hired attorney Bud­dy Dallas, known for defending singer James Brown.

Ussery said he was unaware that his BB gun, powered by compressed air, was classified as a firearm. Ac­cording to a city ordinance, spring-loaded, black powder or compressed air guns are considered firearms.

Grovetown Department of Public Safety Chief Gary Owens said first offenders are usually given a warning. The incident occurred a few days after the school shooting in Newtown, Conn., however, and the responding officer chose to cite Ussery, whose home
borders Columbia County Alternative School.
Ussery plans to assert that the school was not locked down as a result of his shooting, as Owens had said.

Principal Ja’net Bishop has said the school was not locked down.

The teacher who reported the shot, who was traveling between buildings, said Ussery had a BB gun and obviously wasn’t pointing it at the school, Bishop said.

Ussery’s gun was confiscated until after his court date.

He faces 30 days in jail in addition to the fine and court fees.

Comments (24) Add comment
ADVISORY: Users are solely responsible for opinions they post here and for following agreed-upon rules of civility. Posts and comments do not reflect the views of this site. Posts and comments are automatically checked for inappropriate language, but readers might find some comments offensive or inaccurate. If you believe a comment violates our rules, click the "Flag as offensive" link below the comment.
thauch12
7066
Points
thauch12 01/21/13 - 05:31 pm
14
0
Good luck brother! I really

Good luck brother! I really hope you succeed and end up suing Grovetown Public Safety for a lot of money after this spectacle of unchecked power trips.

AutumnLeaves
10250
Points
AutumnLeaves 01/21/13 - 05:37 pm
5
3
4 windows...

I wish they would've come down like this on the kid (now an adult) with the pellet gun that shot out several panes of my bay window one Christmas (a subdivision in Augusta/30906). Over $300 worth of damage and a neighbor told me he was shooting at my cat who was INSIDE the house on the window sill. I found the pellets ACROSS the whole living room, and one pellet was behind a recently purchased but now broken Christmas snow globe. The neighbor said he had shot from across the street and one house over, quite a distance. It's a good thing none of my children were in that room or there might have been injuries and I would have been a lot angrier. A couple of years later I introduced myself to his dad and rather than offering to have his son pay for the damage, all he could say was good, now I have some leverage, he just shot up my side door today for no reason! (The shooter was no longer a minor then). I didn't press it, despite the fact that sum ruined our Christmas the year it happened, since I figured this guy was at his wits end with his son already. What a shame. I hope he eventually learned to hold his son accountable for his actions.

twolane
191
Points
twolane 01/21/13 - 05:55 pm
0
0
not too bright
Unpublished

buddy dallass attorney fee is gonna be three times the fine which is only 275 bucks......no stop to the stupidity

itsanotherday1
48193
Points
itsanotherday1 01/21/13 - 06:03 pm
12
0
AL

A totally different circumstance. This situation is as Thauch described it; a total boneheaded overreaction by the police.

GiantsAllDay
10463
Points
GiantsAllDay 01/21/13 - 06:37 pm
1
1
The only assistance I can

The only assistance I can provide is that I put the link to this story out on twitter. I have 500+ followers and if several of them retweet it, many many people will see it. Hopefully if a lot of people all over the country will see how boneheaded the grovetown city council and cops are and how backward the town is then maybe this man can have a successful outcome.

OpenCurtain
10049
Points
OpenCurtain 01/21/13 - 07:03 pm
10
0
The Grovetown version of Barney has bb's for brains.

OCGA (16-11-133) defines a firearm.
Firearms are defined in Georgia as; any handgun, rifle, shotgun, stun gun, taser, or other weapon which will or can be converted to shoot or expel a projectile by the action of an explosive or electrical charge.

A BB gun discharges AIR and are NOT a Firearm.
BB guns may be purchased without a background check.
BB guns can legally be used by children, a firearm can not.

However, Liberal Nanny PC minded cities can pass ordinances restricting ownership to adults and their use inside their city limits.

I hope he wins and puts Grovetown in their place now, before they something even dumber.

dichotomy
37390
Points
dichotomy 01/21/13 - 07:10 pm
10
0
A BB gun classified as a

A BB gun classified as a firearm. Who ever heard of such nonsense? Hey Grovetown, does that ordinance include slingshots and rubber band guns?

dstewartsr
20393
Points
dstewartsr 01/21/13 - 08:54 pm
5
1
The people have spoken

... in the form of our Reich council. Shut up and obey, peasants!

Jane18
12332
Points
Jane18 01/21/13 - 09:19 pm
4
2
McKenzie Going To Court

People of Grovetown: show up and stand behind McKenzie!~ And to the judge: some common sense would be a good thing...and so refreshing in these crazy times!

Fiat_Lux
16419
Points
Fiat_Lux 01/21/13 - 09:46 pm
2
1
Autumn Leaves,

You live in a neighborhood with a lot of awful, borderline people. Leave it and move west or north. You can still go to the same church and have the same friends but you don't have to put up with troglodytes and others with violent and predatory tendencies. There aren't nearly as many safe places to live in 30906 today as there were even 10 years ago, so move. Really.

Even Grovetown would be better.

seenitB4
97022
Points
seenitB4 01/22/13 - 06:01 am
3
0
No worry now

He has Buddy Dallas....

Little Lamb
48900
Points
Little Lamb 01/22/13 - 07:43 am
3
0
Legal Fees

I hope the judge makes Grovetown pay Mr. Ussery's legal fees.

MarinerMan
2107
Points
MarinerMan 01/22/13 - 08:30 am
5
0
Well, They Didn't Take My Advice
Unpublished

Well, they didn't take my advice from the previous story. Let's see what kind (negative) publicity Grovetown will receive. There should be some ENG trucks @ the Courthouse. What a waste of taxpayer time and money.

Little Lamb
48900
Points
Little Lamb 01/22/13 - 08:40 am
4
0
Spring-Loaded

Valerie Rowell wrote:

Ac­cording to a city ordinance, spring-loaded, black powder or compressed air guns are considered firearms.

Spring-loaded guns are considered firearms? Aren't those the guns that shoot the little plastic darts with the rubber suction cups on them used by children for many decades? Do they even make them any more? Did Congress ban them? How does the 2nd Amendment work for plastic, spring-loaded, suction-cup dart guns?

Riverman1
93346
Points
Riverman1 01/22/13 - 08:48 am
5
1
I wonder if it's legal to

I wonder if it's legal to walk around with a toy gun? They didn't get the guy for having the BB gun in his backyard, they charged him for AIRING it after he honestly told them he had AIRED twice.

Little Lamb
48900
Points
Little Lamb 01/22/13 - 09:19 am
4
0
Silence

Thanks for reminding us of that, RM. It's just another example of why one should never answer questions of police officers. Even if the question seems innocuous, it can come back to bite you. Our constitutional right to remain silent is the right most ignored in our country today.

JRC2024
10387
Points
JRC2024 01/22/13 - 09:21 am
1
0
What a waste and what a

What a waste and what a stupid charge. I had BB guns, pellet guns and sling shots all my younger days.

Little Lamb
48900
Points
Little Lamb 01/22/13 - 09:23 am
1
0
TSD

RM, are you messing with us? Did you give yourself that thumbs down? I can assure you it was not I.

Little Lamb
48900
Points
Little Lamb 01/22/13 - 09:32 am
3
1
Spring-Loaded

Dichotomy asked:

Hey Grovetown, does that ordinance include slingshots and rubber band guns?

Well, I looked in my trusty dictionary:

spring n, 4 : an elastic body or device that recovers its original shape when released after being distorted

So, rubber band guns, slingshots, and even bows and arrows would be considered firearms in Grovetown.

Valerie Rowell reminded us above that "compressed air guns" are considered firearms. I wonder if that includes blowguns? When you take in a deep breath and expell that air rapidly through a tube with a projectile inside, you have operated a blowgun. Beware in Grovetown.

LLArms
470
Points
LLArms 01/22/13 - 10:02 am
2
0
Guys the problem is not GA

Guys the problem is not GA code on firearms - Grovetown's own ordinance is what he is being ticketed for.

Counties (sadly) are still given some leeway in ordinances not defined by the state, or in this case, a complete contradiction. But makes good ammo for the lawyer.

So the question now goes to the residents of Grovetown - why are you not up in arms over your tax dollars being spent on this case? It should have been dismissed with a letter of apology and the city council moving to strike and obviously bloated ordinance from the county books.

Riverman1
93346
Points
Riverman1 01/22/13 - 11:36 am
4
0
LL, about the TSD, I suspect

LL, about the TSD, I suspect those involved in most stories read here and are angered when we make them look silly. They react with a TSD.

About speaking to the police and admitting he aired the BB gun, he should have simply told them he would rather not say since there was no way anyone could tell. Heck, they put him in jail anyway for telling the truth. By the way, why did they take his BB gun? They better give the thing back to him. There's no law saying you can't have one.

Frank I
1204
Points
Frank I 01/22/13 - 12:35 pm
3
0
RM

it was confiscated because the terrible weapon was used in the commission of a crime.. the crime of an overbearing city government exerting its totalitarian force upon an innocent young man..

David Parker
7923
Points
David Parker 01/22/13 - 01:30 pm
2
0
Airsoft guns are not illegal

Airsoft guns are not illegal in CC from what I'm to understand. Does Grooveytown have even more leeway for its own particular ordinance (no pun intended)?

Little Lamb
48900
Points
Little Lamb 01/22/13 - 02:08 pm
1
0
Hierarchy

The generally accepted precedence is that states can write laws that are stricter than federal, counties can write laws that are stricter than state, and cities can write laws that are stricter than county. That is what Grovetown has done.

Hopefully, this unfortunate exercise in heavy-handed policing will prompt the Grovetown city council to have their ordinances revamped, and will have the chief of police institute some training on common sense policing.

If you remember, the supervisor who ordered the incarceration said he would not have arrested the fellow before the Sandy Hook killings. That right there should be enough to throw out the charges.

AutumnLeaves
10250
Points
AutumnLeaves 01/22/13 - 05:05 pm
0
0
Thank you Fiat_Lux

Thank you Fiat_Lux. I did.

MarinerMan
2107
Points
MarinerMan 01/22/13 - 08:17 pm
0
0
TSD ???
Unpublished

TSD ???

clayh
12
Points
clayh 01/23/13 - 09:33 am
1
0
Editor's note:

The wording in the second paragraph should be "within the city limits" instead of "with the city limits."

Sean Moores
1048
Points
Sean Moores 01/23/13 - 09:47 am
0
0
@ clayh

Thank you. It is fixed now.

Back to Top

Search Augusta jobs