McKenzie Ussery, 19, pleaded not guilty Tuesday in Grovetown Municipal Court to the charge of discharging a firearm within the city and requested a jury trial.
Judge Travers Chance agreed to transfer the case to the Columbia County Superior Court, where it can be heard by a jury.
“This is going to be fun one for the jury,” Ussery’s attorney, David Price, said.
Ussery was given the $291 ticket Dec. 19 after a Columbia County Alternative School teacher reported seeing him firing the gun in the yard, which backs up to the school.
Grovetown Department of Public Safety officers confiscated the gun, which Ussery said he was firing at a cup in the yard.
The BB gun, powered by compressed air, is classified as a firearm. According to a city ordinance, spring-loaded, black powder or compressed air guns are considered firearms. Ussery and his attorney contend the gun is a toy and not subject to the ordinance restrictions.