Pastries Shaped As Guns Not Punishable By Schools in Proposed Legislation

Proposed legislature would prohibit students from being punished for simulating weapons using pastries and other actions in school.The bill was introduced by Representative Sally Kern, Jan. 7.The bill would create the "Common Sense Zero Tolerance Act," which would prohibit the punishment of students by school administrators, districts, teachers or other employees for certain actions simulating weapons.

Link: Lawmakers Zero-In on Oklahoma's "Zero Tolerance" LawsKern cited a case in Maryland where a boy was suspended after he chewed a Pop Tart into the shape of a gun, according to the Associated Press.The bill lists the following actions that are not punishable:

  1. "Brandishing a pastry or other food which is partially consumed in such a way that the remnant resembles a weapon;
  2. Possession of a toy weapon which is five (5) inches or less;
  3. Possession of a toy weapon made of plastic or wood snap-together building blocks;
  4. Using a finger or hand to simulate a weapon;
  5. Vocalizing imaginary firearms or munitions;
  6. Wearing articles of clothing or accessories that support or advance Second Amendment rights or organizations. If a school requires students to wear uniforms, the provisions of this paragraph shall not be interpreted to supersede the uniform policy of the school."

Other actions that are not punishable include drawing images of weapons or "any object that supports Second Amendment rights or Constitutional freedoms" or using a writing utensil to simulate a weapon.

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