Batavia middle school student suspended for bringing loaded BB gun to school

Posted at: 02/22/2013 12:10 PM
Updated at: 02/22/2013 7:23 PM
By: Lynette Adams

A 12-year-old student has been suspended. The district says a BB gun was discovered in his locker. This violates school policy and it's against the law.

The 12-year-old is facing charges in family court after school leaders say they found the BB gun in his locker. School leaders were searching for other contraband when they discovered the gun.

There are no metal detectors at the school. School leaders say the BB gun came in the building in a backpack. Right now, there is no way to prevent a weapon from getting in the school.

It was business as usual at Batavia Middle School, but school staff found something they never expected in a student's locker. So serious, it prompted a call to police.

Christopher Dailey, Batavia Superintendent, said, “It was a BB gun that we were alerted to.”

Batavia Superintendent Christopher Dailey spoke with News10NBC by phone Friday morning. He said school leaders found the gun while they were searching the locker on a tip that chewing tobacco had been seen inside.

Dailey said, “It was a bad choice by the student to bring it to school. There was no harmful intent towards any person or persons and the student was suspended as is district policy.”

Richard Schauf, Batavia detective, said, “A BB gun could do substantial damage. It could cause serious physical injury.”

Batavia detective Richard Schauf says possessing a BB gun at school not only breaks the school's rules, but it's against the law.

Schauf said, “In this case, there is law in NY that says anyone under 16 can't possess a BB gun, specifically a gun that propels something with air or spring.”

But Schauf is concerned about something else. He says this situation could have turned out differently had the student taken the gun out of his locker.

News10NBC's Lynette Adams said, “Had someone thought this was a real gun, could this have turned out differently?”

Schauf said, “Potentially someone seen holding a gun in school could lead to some sort of bad ending.”

Parents were notified about the gun Thursday night. News10NBC wanted to know if there were safety and security concerns Friday. Parents say they are confident the district is doing all it can to keep the schools safe, but say it is a good lesson.

News10NBC learned there are no metal detectors in any of the Batavia schools. The superintendent said there is a proposal in next year's school budget for a resource officer.