Well, I tend to agree with most of the posts, in that this putz should have the book thrown at him. He did an idiotic thing, and even a bb gun (or Airsoft, which is probably what it was) can cause serious injury.
However, the reason why he won't be charged with GATTTOTP or "carrying a gun in the commission of a crime" is because it was an air-powered gun, and under NC statute (the way I read it, anyway), only "firearms", which is a VERY specific type of gun, are covered by these charges.
A gun or firearm is defined by federal law to mean any weapon that is designed to fire a bullet or other projectile by means of an explosive. [18 USC 921 (a)(3)]
The specific NC statute is this:
N.C.G.S. Â§ 14-409.39, the definition section in article 53B,:
[A firearm is defined as a] handgun, shotgun, or rifle which expels a projectile by action of an explosion.
since a BB gun or Aisoft gun expels its projectile through mechanical force (springs) or compressed gas (CO2, "green gas", etc), it does not meet the definition of a "firearm" under NC or Federal laws.
However, there are a myriad of other statute violations that you could get this yuck-a-puck on--assault, inciting a riot, civil disturbance, etc, etc, etc...
This is a PERFECT case to support the passing of a statute prohibiting "felony stupidity"...
I hope this guy sets sent up the river for a LONG time...