Dr's In: Pop Tart Bill - a bad idea

The Legislature passed the Regulation of Firearms and Ammunition law in 2011.  This preempted Florida communities from using or enacting their own ordinances addressing firearm safety. 

This statute continues to frustrate law enforcement addressing neighborhood complaints involving firearms. The dangerous discharge of firearms near schools, golf courses or populous areas may face limited police response.

Concealed permit holders face minimal restrictions on where they can carry.  Shooting incidents, whether intentional or accidental, are becoming commonplace.  The unarmed too often fear for their safety at the workplace or supermarket.   Local gun ordinances are neutralized.

Now gun advocates are targeting “zero tolerance” weapons policies in public schools.  Known as the “Pop Tart” bill (House Bill 7029 and companion Senate Bill 1060), there is little resistance to passage.  The intent of the bill appears reasonable.

Code of Student Conduct: Provides that simulating firearm or weapon while playing or wearing certain clothing or accessories is not grounds for disciplinary action or referral to criminal justice or juvenile justice system; provides criteria for determining whether certain student conduct warrants disciplinary action; provides criteria for determining appropriate consequences for conduct.

Such efforts usually come about when local policy loses credibility.  In this case, children wearing inappropriate T-shirts, forming pastries that look like guns, simulating gunplay by pointing fingers at each other, or drawing weapons on paper, may face suspension or arrest.  This could be considered “overkill.” School systems must have sensible policies.

The bill’s intent protects students from being seriously disciplined for innocuous behavior.  The preemption issue is the rub.  It interferes with school authority and is wrong.

The 2011 firearms law mentioned above steamrolls community ordinances and so will the “Pop Tart” bill. Florida’s politicians grumble that the federal government usurps too much power. They should practice what they preach.

The solutions lie with school districts coming up with sensible policies so that educators can use their discretion when kids threaten gunplay. Currently, some “zero tolerance” elements lack common sense.

Overreactions to innocent behavior must be put in context.  However, school systems must have the authority to enact what they feel are appropriate disciplinary policies.

The “Pop Tart” bill sets a bad precedent that impedes local community authority.  It would make more sense to meet with school superintendents and improve local regulation.

Dr. Yacht is a semi-retired physician living in Hudson, Fla. This article originally appeared in Context Florida, an online publication