Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

A Return to Sanity? Lawmakers Push Back Against Zero-Tolerance Abuses

Friday, February 7, 2014

We've all seen warning labels on products that leave us scratching our heads and wondering, is that really necessary?  A popular sleeping pill, for example, cautions it may cause drowsiness.  Chainsaws have stickers admonishing users not to hold the saw by the blade.  A certain hand-held hairdryer even contains an advisory that it is not for use while sleeping.

Although most people could figure these things out for themselves, many of these labels likely come with a back story too bizarre for ordinary imaginations to conceive.

Such is the case with  Florida HB 7029, which on Wednesday passed out of the House Education K-12 Subcommittee by a 13-0 vote on its way to introduction.  Some are simply calling it the "Pop-Tart" Bill or the "Right to be Kids" Act.  We might well wish that those who educate and oversee America's children during the school day would instinctively understand that a toaster pastry could not reasonably be mistaken for a handgun, but a mounting list of back stories have unfortunately proven otherwise. Thus, HB 7029 emphasizes the need for often well-intentioned but increasingly overzealous educators to pause, take a breath, and consider the facts before mindlessly applying "zero tolerance" disciplinary polices aimed at keeping harmful weapons out of schools.

A number of illustrative absurdities have been chronicled on this site and the pages of other media outlets.  Besides the infamous Pop Tart incident, students have received suspensions and other harsh disciplinary actions, sometimes involving the police, for such "infractions" as pointing pencils or fingers at each other while making "shooting" sounds, drawing a stick figure with a gun (and a water gun at that, according to the seven-year-old "perpetrator"), and having a picture of a gun as a screensaver on a computer.  Students have also been punished--and, yes, arrested--for incidents arising out of NRA or firearm-themed t-shirts.  Not only are graphics on cloth objectively unable to cause physical harm, such attire can be constitutionally protected speech, according to prominent civil rights attorney Chuck Michel.

It's enough to make a person think that what's really being punished is any action or expression that suggests the idea of a gun, even if it is not disruptive or threatening.  In other words, what started out as policies aimed at gun crime have degenerated into a form of thought crime.

Thanks to this long train of abuses, HB 7029 would enshrine in statute the principle: "Simulating a firearm or weapon while playing or wearing clothing … that depict[s] a firearm or weapon or express[es] an opinion regarding a right guaranteed by the Second  Amendment  … is not grounds for  disciplinary action or referral [for prosecution]" under Florida statutes that prohibit "[b]ringing a firearm or weapon … to school …."  The bill goes further by specifically mentioning examples of presumptively innocent conduct, including "[b]randishing a partially consumed pastry … [v]ocalizing an imaginary firearm or weapon … [or] [d]rawing a picture, or possessing an image, of a firearm or weapon." 

The bill is not, however, intended to create yet another legislative straightjacket and allows educators to take into account the individual circumstances of an event.  Thus, they can still act if a simulation "substantially disrupts student learning, causes bodily harm to another person, or places another person in reasonable fear of bodily harm."  The bill also does not prohibit schools from adopting a policy requiring the wearing of uniforms.

Florida, moreover, is not the only state to be considering a bill of this sort.  A similar measure is pending in Oklahoma.   

We don't celebrate the fact that egg cartons now bear the warning, "This product may contain eggs."  Similarly, the abuses that necessitated these bills do not speak well of level-headedness (or the lack thereof) in today's schools.  We can only hope that these measures will have a moderating effect well beyond their jurisdictions and remind all concerned of the need for simple commonsense and the recognition that while kids will be kids, adults should aim higher with their own decision making.

TRENDING NOW
Pro-2A Journalist Awarded in New Jersey: Further Proof the Garden State is Savable?

News  

Monday, January 5, 2026

Pro-2A Journalist Awarded in New Jersey: Further Proof the Garden State is Savable?

It’s rare to see journalists write accurate articles about the Second Amendment and the right to self-defense, and even more rare to see them receive accolades from their mainstream peers for such articles.  

Ninth Circuit Panel Rules California’s Open Carry Ban is Unconstitutional

Monday, January 5, 2026

Ninth Circuit Panel Rules California’s Open Carry Ban is Unconstitutional

On Friday, Jan. 3, a divided three judge panel of the U.S. Court of Appeals for the Ninth Circuit held that California’s ban on open carry in counties with a population of greater than 200,000 ...

2025 Litigation Update

Wednesday, December 31, 2025

2025 Litigation Update

In 2025, the National Rifle Association defeated New Mexico’s 7-day waiting period for firearm purchases, the ATF’s “engaged in the business” rule, the ATF’s “pistol brace” rule, a lawsuit seeking to ban lead ammunition in ...

More Anti-Gun “Trajectories” and “Experiments” on the Horizon in Illinois for 2026

News  

Monday, January 5, 2026

More Anti-Gun “Trajectories” and “Experiments” on the Horizon in Illinois for 2026

As a new year begins, a timeless new year resolution remains: Work hard to ensure your state does not become like Illinois. As multiple firearm-related news outlets revisit the highs and lows of 2025, it ...

North Carolina: Update on Permitless Carry

Tuesday, December 16, 2025

North Carolina: Update on Permitless Carry

In September, the North Carolina General Assembly briefly returned from recess and re-referred Senate Bill 50, Freedom to Carry NC, to the House Rules Committee.

2025 Grassroots Year In Review

Take Action  

Wednesday, December 31, 2025

2025 Grassroots Year In Review

As 2026 starts, we want to pause and recognize what we have accomplished together in 2025—and, more importantly, the work that all of you contributed to help us achieve these victories.

NDAA 2026: A Win for Surplus Firearms Collectors and the Second Amendment

News  

Monday, December 15, 2025

NDAA 2026: A Win for Surplus Firearms Collectors and the Second Amendment

It is indeed that time of year. Time for the 65th annual National Defense Authorization Act (NDAA). This critical federal legislation specifies the budget and policies for the United States Department of Defense for the next fiscal year. 

California: 2026 Legislative Session Is Now Underway!

Monday, January 5, 2026

California: 2026 Legislative Session Is Now Underway!

Today, January 5th, the California Legislature reconvened for the 2026 legislative session, marking the second year of the two-year legislative cycle. As in years past, gun control advocates are expected to continue pushing their anti-gun ...

Virginia: Gun Control Looms on the Horizon – Make Plans to Attend Lobby Day in January!

Monday, December 22, 2025

Virginia: Gun Control Looms on the Horizon – Make Plans to Attend Lobby Day in January!

Anti-gun legislators in Richmond have already begun filing legislation ahead of the upcoming Virginia General Assembly session. 

Michigan: Firearm Safety Education Bill Signed Into Law

Friday, December 26, 2025

Michigan: Firearm Safety Education Bill Signed Into Law

On Tuesday, Michigan Governor Gretchen Whitmer signed House Bill 4285 into law, allowing middle and high schools to offer courses on hunter safety and responsible firearm ownership.        

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.