While the mainstream media has assisted Senate Democrats and the Obama administration in turning the focus away from an Islamic terrorist and toward the demonization of a rifle he didn’t even use to carry out his attack, the gun control crowd has won a quiet victory of sorts in Maryland.

It’s been three years since a 7-year-old boy in Maryland was suspended from school for biting a Pop-Tart into roughly the shape of a gun, and while his family has been fighting the suspension ever since, CBS Baltimore reports that a judge has upheld the suspension after all.

Just to repeat: This was the “gun” in question.

Rick Ritter reports:

After a three year battle, an Anne Arundel County circuit court judge has ruled the boy’s actions were disruptive and that a suspension was appropriate.

Officials with Anne Arundel County Schools have always said Josh’s behavior wasn’t a one-time deal. They say there were 20 documented incidents before he was even suspended.

They released a statement, saying in part: “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.”

Like many of the big players in the criminal underworld, Josh Welch apparently got away a lengthy reign of terror before The Man managed to nail him on an unrelated pastry gun charge. Welch family attorney Robin Ficker says he’ll file an appeal. If it had just been a pot brownie and not a Pop-Tart, Welch likely could appeal directly to the president for a commutation of his suspension.

Inspired by Josh’s story, a state House panel in Florida passed legislation in 2014 that would bar school districts from suspending students for “brandishing a partially consumed pastry or other food item” bitten into the shape of a weapon or “possessing a toy firearm or weapon made of plastic snap-together building blocks.”

Since the initial incident, corporate giant Kellogg has been manufacturing even more dangerous Pop-Tart flavors, like Maple Bacon and Crush Orange™.