Possible criminal charges coming for shooting “water gel pellet guns” in Elmira

ELMIRA, N.Y. (WETM) – On Monday the Elmira City Council will vote on a revised law that makes it a misdemeanor crime to fire or intend to fire any “bean shooter” on streets or public places. Toy “blasters” that shoot pellets filled with water or gel have become increasingly popular. Mayor Dan Mandell says juveniles and their parents could also be arrested.

“There’s been several complaints I know a couple of my neighbors were shot by someone driving by,” said Mayor Mandell. “The kids think it’s funny. It’s not funny. One individual friend of mine had welts on his arm from the Orbeez gun they used. I’ve also heard other complaints throughout the neighborhoods, especially on the south side.”

“We’re revising the original ordinance,” Mandell added. “Basically, it was a violation. So, anyone caught shooting a bean shooter or BB gun in the city of Elmira, or any type of air pistol would be charged with a violation which was a $25 fine and up to 15 days in jail. It had no enforcement really on our juveniles that are doing a lot of these shootings throughout the city.”

“They’re going by and shooting up other vehicles or shooting people on the arm and thinking it’s funny,” Mandell added. “So, what we did is we made it a misdemeanor now. So now it’s going to be a $50 fine and or up to 90 days in jail.”

“We also added into the law that if the parents are aware that their children are doing this, that they can also be arrested under this ordinance, if in fact they’re responsible for their children and they were aware their children were shooting these guns throughout the city.”

“So now that it’s a misdemeanor, we added the parents, and because it is a misdemeanor, the juveniles now can be arrested and sent to juvenile court system, whether it be Youth Court or through the family court system. So that’s what we basically did. We took it from a violation and made it a misdemeanor with more penalties.”

Under the current law, Mayor Mandell says juveniles cannot be arrested for a violation.

“There’s not much you can do with a juvenile with a violation, the Mayor said. “So my thought was, make this a misdemeanor to hold these juveniles accountable, saying it’s unacceptable for parents who are being irresponsible and not watching their children and their not encouraging their children to with this behavior, that they’re going to be held accountable for it.”

“What is the penalty for parents?” asked 18 News reporter Nick Dubina. “It’s also a misdemeanor correct?”

“Correct,” Mandell said. ” The entire ordinance has been upgraded to a misdemeanor.

The revised ordinance reads:

“No person shall use any bean shooter, slingshot or other instrument for throwing bullets, stones or other missiles, or possess or carry the same with the intention of using it. No person shall cast or throw any stone, stick or other missile in, from or to any street or public place. The adult parent or guardian of a minor who knew, or should have known, of the minor’s proclivity to violate this subsection may be arrested and may be subject to the penalties set forth in subparagraph (b) of
this section.

Section 18-2(b) Penalty. Any person violating any of the provisions of this section shall, upon conviction thereof, be liable to a fine of not more than $50.00 for each such violation, or by imprisonment not more than 90 days, or by both such fine and imprisonment. Any person under the age of 18 years shall be dealt with in accordance with the provisions of law relating to
juvenile delinquents.”

The revised law still has to be approved by the full City Council. The vote is set for Monday, July 1st at 5:30 p.m. at City Hall. Mayor Mandell is confident it will pass.

“On Monday, I expect to get a unanimous vote on this because everybody I believe should support this ordinance.”

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