PORTSMOUTH, Va. (WHDH) — A Virginia second-grader is now facing expulsion after he brought toy guns to school.

Josiah Green, 7, has been away from his school ever since he brought a water gun and a Nerf gun to class last month. He was originally suspended for 10 days. Even though his toys do not look like the real thing, his school has a zero tolerance for guns in school and Josiah could now be expelled.

“I was emotional and shocked like, OK, is this really happening? Because he’s 7 years old,” said Audrey-Ann Davis, Josiah’s mother. “I understand he’s suspended and now you’re throwing that he could be expelled on the table?”

Davis said she usually checks his backpack before school. She said she blames herself for this because this was the one day she didn’t look to see if he was bringing toys into class.

Josiah’s mother said she has hired an attorney to fight the expulsion. Attorney Tim Anderson said the guns are obviously toys and that Josiah had them in his pocket during gym, never taking them out or pointing them at anyone.

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