But the toy shoots only soap bubbles, and the girl did not even have one, he said.
"She had no gun," he said. "She talked about the Hello Kitty Bubble Gun, just talked about it. They searched her back pack, they searched her coat, they searched her, she had no gun."
The family wants school authorities to clear her record, issue an apology and admit they made a mistake, he said.
Ficker said he has a meeting scheduled with a school district lawyer on January 30, but district solicitor Edward Greco said on Monday he had no such meeting scheduled.
Greco declined to comment on the case.
However, in a statement issued to local media, the school district said it was continuing to investigate the case and said some information given to media may not be consistent with the facts. It did not elaborate.
Ficker said the child's mother wants to transfer her out of the school but the new school will not accept her because her record includes the allegation of making terroristic threats.
(Editing by Ellen Wulfhorst and Richard Chang)
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