Explore The NRA Universe Of Websites

APPEARS IN News

First Grader Suspended for Voluntarily Surrendering Toy-Gun

Friday, June 13, 2014

As useless as the practice may be, anti-gun crusaders typically love a gun turn-in, even those aimed at toy guns. Yet in this week’s example of zero-tolerance zealotry, even that act was cause for punishment.

On Wednesday, June 4, seven-year-old first grader Darin Simak was at Martin Elementary School in New Kensington, Pa., when he discovered that he had accidentally brought a toy six shooter, complete with bright orange tip, with him in his backpack. The innocent mistake was the result of Darin’s mother, Jennifer Mathabel, resorting to a spare backpack after Darin had left his usual bag with a friend the previous evening. Ms. Mathabel failed to realize that the toy was in one of the backup bag’s pockets.

When he discovered the mistake, Darin alerted a teacher so he could turn in the toy. The teacher responded by notifying school administrators, who immediately suspended Darin.

When contacted by the Pittsburgh Tribune-Review, New Kensington-Arnold School District officials refused to discuss the incident and directed the reporter to the school’s “weapons” policy, which typically calls for expulsion. Banned items, according to the report, “shall include but not be limited to any knife, cutting instrument, cutting tool, nanchaku (sic), firearm, shotgun, rifle, replication of a weapon, and/or any other tool, instrument, or implement capable of inflicting serious body harm.”

Despite Darin’s suspension, Mathabel sent her child to school the following day.  As she explained to Pittsburgh television station WTAE, she told the principal, “I'm sending him to school because he is entitled to be in school and be educated.” The administrators, however, simply assigned Darin to in-school suspension until his father, Chris Simak, picked him up.

With regard to the school’s handling of the incident, Simak stated, “[Darin] did the right thing, and we're trying to teach him the right way… and now they're teaching him the wrong way.” 

A follow-up report by the Tribune-Review recounts that during a disciplinary hearing involving Darin’s parents and school officials on Friday, June 6, Superintendent John Pallone determined that the seven-year-old’s two days of suspension were sufficient punishment. Darin was allowed to return to classes the following Monday to complete the last day of school. In the penal system, which schools like Martin Elementary increasingly resemble, they refer to such a disposition as “time served.”

This latest incident, along with numerous others, demonstrates how zero-tolerance policies are regularly employed in instances involving objects, images, messages, and circumstances which pose no threat to the safety of students or faculty. In Darin’s case, even blamelessness in bringing the object to school and attempting to correct the mistake were irrelevant.

Cases like this are why NRA has been working with state legislators to reform school zero-tolerance policies. Earlier this year, for example, the Florida legislature passed HB 7029 by wide margins in both chambers. Nicknamed the “Right to be a Kid” Act or the “Pop-Tart” Bill, the legislation encourages a more thoughtful approach to handling incidents involving what has historically been recognized as perfectly normal, harmless behavior for elementary-aged children.

Meanwhile, as Darin’s sad tale illustrates, no child can be considered innocent, and even a parent’s innocent oversight will be visited upon their offspring, where the iron-fisted rule of zero tolerance remains in effect. 

IN THIS ARTICLE
Toy Guns
TRENDING NOW
ATF Proposes Helpful Reforms for Travel with NFA Items

News  

Monday, December 8, 2025

ATF Proposes Helpful Reforms for Travel with NFA Items

Until the National Firearms Act is a relic of the past, every little bit that makes it easier to navigate can surely help. In recent weeks, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) ...

UK Continues Perilous Slide into 1984 Territory

News  

Monday, December 8, 2025

UK Continues Perilous Slide into 1984 Territory

By now, many of you have probably heard about the British subject (we are not really sure they should be called citizens anymore) who, after visiting the United States and enjoying the firearm freedoms many ...

Latest Anti-Gun Task Force Report Delivers Next Wish List for Michigan Prohibitionists

News  

Monday, December 8, 2025

Latest Anti-Gun Task Force Report Delivers Next Wish List for Michigan Prohibitionists

Joe Biden has been out of office for over 300 days now, but his anti-gun legacy lingers, including in the form of a playbook left behind for anti-liberty governors (hello, Governor Gretchen Whitmer!) to consult. NRA-ILA ...

New Jersey: Senate Committee Passes Attack on Garden State Shooting Ranges

Thursday, December 4, 2025

New Jersey: Senate Committee Passes Attack on Garden State Shooting Ranges

On Thursday, December 4, the Senate Law & Public Safety Committee advanced legislation that could potentially weaponize local zoning laws against outdoor shooting ranges. According to the bill statement, “This bill requires a municipality in which ...

The Kids are Alright: Distrust of Mainstream Media Peaks with Gen Z, Alpha

News  

Monday, December 8, 2025

The Kids are Alright: Distrust of Mainstream Media Peaks with Gen Z, Alpha

A few weeks ago, an alert discussed the Gallup organization’s polling that tracks historic changes in the public’s perception of mass media (newspapers, TV, and radio). Since 1972, Gallup has been asking Americans about their “trust and ...

North Carolina: Update on Permitless Carry

Monday, November 17, 2025

North Carolina: Update on Permitless Carry

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

Ninth Circuit Grants Rehearing En Banc in NRA-Supported Challenge to California’s Ammunition Background Check Requirement

Tuesday, December 2, 2025

Ninth Circuit Grants Rehearing En Banc in NRA-Supported Challenge to California’s Ammunition Background Check Requirement

The Ninth Circuit Court of Appeals has granted rehearing en banc in Rhode v. Bonta—a case backed by the National Rifle Association and California Rifle and Pistol Association.

A Dozen Towns in New Jersey Have Nullified Carry Permit Fees Through an Initiative Backed by NJFOS, NRA, and CCRKBA.

Tuesday, December 2, 2025

A Dozen Towns in New Jersey Have Nullified Carry Permit Fees Through an Initiative Backed by NJFOS, NRA, and CCRKBA.

On November 25th, Howell, in Monmouth County, became the 12th municipality in New Jersey to refund all or substantially all the fees required to obtain a permit to carry. The list now includes towns in ...

NRA Files Amicus Brief Urging SCOTUS to Hear Case of Virginia CCW Holder Arrested While Traveling Through Maryland

Thursday, December 11, 2025

NRA Files Amicus Brief Urging SCOTUS to Hear Case of Virginia CCW Holder Arrested While Traveling Through Maryland

The National Rifle Association joined the Second Amendment Foundation, California Rifle & Pistol Association, Second Amendment Law Center, Minnesota Gun Owners Caucus, and Citizens Committee for the Right to Keep and Bear Arms in filing ...

Indiana: 2026 Legislative Session Is Now Underway!

Tuesday, November 25, 2025

Indiana: 2026 Legislative Session Is Now Underway!

Today, December 1st, the Indiana House of Representatives begins its 2026 legislative session. The Indiana Senate will convene one week later, on December 8th. Gun owners and sportsmen throughout the state must stay actively involved ...

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.