The suspension of second grader who chewed his breakfast pastry into the shape of a gun was upheld by a circuit court judge last week.

Joshua Welch was suspended from Anne Arundel County’s Park Elementary in March 2013 after chewing his pastry into the shape of a gun and “[pretending] to fire it.” The student’s father, B.J. Welch, took the matter to court in hopes of having the suspension reversed and expunged from his son’s record.

But WJZ 13 reports that an Anne Arundel County circuit judge upheld the suspension, ruling that Joshua’s actions were “disruptive.”

Anne Arundel County Schools reacted to the ruling by releasing a statement which said, “We have believed from the outset that the actions of the school staff were not only appropriate and consistent, but in the best interests of all students.”

Welch family attorney Robin Ficker lamented the ruling and pointed out there was “no violence, no real weapon, no ammunition.” But the suspension will now “be on [Joshua’s] record in school… every time he goes into a new grade.”

AWR Hawkins is the Second Amendment columnist for Breitbart News and political analyst for Armed American Radio. Follow him on Twitter: @AWRHawkins. Reach him directly at awrhawkins@breitbart.com.