Photo by Mike Prosser.

A five-year-old Maryland boy was suspended for bringing a toy cap gun on a school bus, the Washington Post reports.

The school says the kindergartner pretended to shoot someone on the bus with the toy, an account the child and his sister dispute, the child’s mother told the Post. He was suspended from his Calvert County school for 10 days after being questioned without a parent present for two hours, during which time he wet his pants.

The family’s attorney wants the suspension overturned and it expunged from his permanent record, the Post reports.

The boy’s suspension comes after another Maryland boy was suspended for two days in March for chewing a Pop Tart into what school officials thought looked like a gun. Josh Welch, who said he was trying to make the pastry into a mountain shape, was recently given a lifetime membership to the National Rifle Association. After being presented with the certificate, Welch handed it to his parents “and returned to playing games on a cellphone,” the Baltimore Sun reports.