Any object can be deemed a weapon if used with malicious intent. In this case the gag pen that shocks. The question becomes did your son maliciously attack someone with the shocking pen over and over or was it done as a one to time prank?
Just for the record, one of my employees recently had one of those and was letting customers sign their invoices with it. It was all fun and games until one customer grabbed it to sign and it made him drop his hot coffee all over the place. Needless to say that pen is now gone and the customer has been compensated for his pain and suffering (free t-shirt and dognut).
The school should not take this to lightly with whoever might be responsible but they need to keep things in perspective at the same time. We are talking grade school kids who are just being kids. This is when they start to learn acceptable social behavior (K-6) amongst their peers.
Just the ramblings of a parent who has 2 with another on the way.
