The law makes a distinction between using a car as a weapon and merely driving the car. The article does not indicate that he used the BB gun as a weapon. Besides, anything can be a weapon, a sharp stick, a rock, or a 2x4. You going prosecute people, even 2X felons, for having those?
You points just prove how consistently sloppy legal reporting is in the MSM.
It generally done by someone with no legal training or by some fool who could not hack it in the legal profession.