(Metro) A Montgomery County elementary school student was suspended for a day for making a hand gesture of a gun with his forefinger and thumb. 

The incident happened last month at Roscoe Nix Elementary in Silver Spring, a week after the Newtown, Connecticut shootings.  

The boy's family attorney filed an appeal Wednesday, asking that the incident be expunged from the boy's school record, saying he's a soft-spoken child who was just playing.  

According to a statement from Montgomery schools spokesman Dana Tofig, the incident cannot be discussed for privacy reasons.