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
Trump Administration Revives Federal Firearm Rights Restoration Provision

News  

Friday, March 21, 2025

Trump Administration Revives Federal Firearm Rights Restoration Provision

On March 20, the U.S. Department of Justice (DOJ) published an interim final rule entitled, Withdrawing the Attorney General’s Delegation of Authority. That bland title belies the historic nature of the measure, which is aimed at reviving ...

Maine: Bipartisan Coalition Deals Major Blow to Gun Control Bills in Committee

Friday, April 4, 2025

Maine: Bipartisan Coalition Deals Major Blow to Gun Control Bills in Committee

On Thursday, April 3rd, the Joint Standing Committee on Judiciary held work sessions on several gun-related bills. 

Colorado: FOID Bill On Governor Polis' Desk, More Gun Control On the Move

Wednesday, April 2, 2025

Colorado: FOID Bill On Governor Polis' Desk, More Gun Control On the Move

As the clock runs down on Governor Polis' 10-day window to veto Senate Bill 25-003, the semi-auto ban turned FOID-scheme bill, he continues to sit on his hands and let the bill gather dust on his ...

Supreme Court Upholds ATF Rule on “Firearms,” Unfinished Receivers and Kits

News  

Monday, March 31, 2025

Supreme Court Upholds ATF Rule on “Firearms,” Unfinished Receivers and Kits

On March 26, in a 7-2 decision (with Justices Clarence Thomas and Samuel Alito dissenting), the United States Supreme Court upheld a Biden administration gun control rule on what constitutes a “firearm” under 18 U.S.C. ...

Tennessee: Gun Bills Advance through House Subcommittees

Friday, April 4, 2025

Tennessee: Gun Bills Advance through House Subcommittees

This week in Tennessee, the House Criminal Justice subcommittee and the House Civil Justice subcommittee dispensed with all the firearm-related bills on their calendar. The bills that passed through the subcommittees will advance to the ...

Canada: A Fresh Gun Ban as Trudeau Exits

News  

Monday, March 17, 2025

Canada: A Fresh Gun Ban as Trudeau Exits

Just three months ago, Canada’s Liberal government announced that an additional 324 so-called “assault-style” firearms had been added to the list of banned guns established under then-Prime Minister Justin Trudeau in 2020.

Rep. Hinson and Sen. Cotton Reintroduce Bill to Repeal Firearm Transfer Tax

News  

Thursday, April 3, 2025

Rep. Hinson and Sen. Cotton Reintroduce Bill to Repeal Firearm Transfer Tax

On April 1, 2025, Representative Ashley Hinson (R-IA-02) and Senator Tom Cotton (R-AR) reintroduced the Repealing Illegal Freedom and Liberty Excises Act, or the RIFLE Act. These bills (H.R. 2552 and S.1224 respectively) would remove a $200 excise tax that is imposed ...

House Judiciary Committee Votes to Advance Concealed Carry Reciprocity Legislation

News  

Tuesday, March 25, 2025

House Judiciary Committee Votes to Advance Concealed Carry Reciprocity Legislation

On Tuesday, March 25, 2025, the House Judiciary Committee held a markup for several bills, including two NRA-backed bills. With this crucial step in the legislative process now complete, these pieces of legislation can now ...

Legislation Introduced to Prevent States from Taxing Guns and Ammunition

News  

Wednesday, April 2, 2025

Legislation Introduced to Prevent States from Taxing Guns and Ammunition

Last week, U.S. Senator Jim Risch (R-ID) and U.S. Representatives Darrell Issa (R-CA-48) and Richard Hudson (R-NC-9) reintroduced the Freedom from Unfair Gun Taxes Act (S.1169 and H.R.2442 respectively). This legislation would prohibit states from ...

Oregon: Permit-to-Purchase and FFL-Killer Bills Vote Delayed in Committee

Thursday, April 3, 2025

Oregon: Permit-to-Purchase and FFL-Killer Bills Vote Delayed in Committee

Yesterday, House Bill 3075 and House Bill 3076 were scheduled for a vote in the House Judiciary Committee. During the work session, the Committee Chair announced that the vote on these bills would be delayed until today, April 3rd, or ...

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.