Is 9-year-old Josh Welch a threat to classmates who has more than once shaped his school meals into a gun?  Or is he a victim of an Anne Arundel County school system that can't evaluate a situation and has unfairly penalized a child? 

A hearing was held Tuesday for the boy who has become a national symbol for gun rights advocates.  Josh's family sought to clear his school record after he was suspended from the second grade for two days in March 2013 for reportedly nibbling a Pop Tart into the shape of a gun.  Afterward, politicians scrambled to his cause, and one even gave him a lifetime membership to the NRA. 

According to an earlier Patch story, Josh said he was suspended two days for fashioning his food into what his teacher interpreted as a gun.  But Josh and his father said he was making a mountain out of his food, and not a gun.  The boy's father still calls the punishment "outrageous." 

"Zero tolerance takes away the ability to think and to make judgment calls on certain scenarios," said B.J. Welch in a WJLA TV report.  Josh said this week that the incident is difficult for him to recall. " I don't think I remember because that was like a year ago." 

At Tuesday's hearing, for the first time Josh's teacher and the Anne Arundel County School system gave their version of the events from a year ago at Park Elementary School in Baltimore. 

Teacher Jessica Fultz claims that the suspension wasn't about a so-called "Pop-Tart gun," but rather a daily pattern of escalating classroom disruption and even violence by Josh. 

Fultz also claims that the boy had threatened classmates and made shooting noises, chewing the gun shape with his breakfast food more than once.  Josh's father says that the claim that his son disrupted class was not shared with him before.