The child, who was not identified, found the unloaded .38 caliber and put it in his backpack just before walking into Chisholm Elementary School.
Now, a parent is walking out of that school, her child in hand. The woman, a parent of one of the child's classmates says there's more to the story than what was originally reported.
She said she's so upset about it she pulled her child out of the system and is moving out of town. The woman, who did not want to be identified on camera, is upset over a place where her daughter should have felt protected.
"There's a big sign on the door that says 'Safe Zone'," the mom said. "How can you put a sign on your door that says safe zone when you've got elementary kids bringing guns to school..."
"The kindergarten student found the weapon in a relatives car and put it in his bookbag, brought it to school, and it was found almost immediately. It was unloaded, he didn't threaten anybody with it..." said school system spokesman Tom Salter.
While the student may not have threatened others with the gun, the mother says her 5 year old daughter came face to face with the firearm. "I asked her, 'Sweetheart were you scared?' and she said 'Yes mommy it was a real gun pointed at me.'"
The school system says it's following policy in dealing with the case. "There are laws and board regulations that require action be taken against students who bring weapons to school," Salter added.
By law, the Montgomery Public School System cannot comment on the disciplinary action against the student, however they do say appropriate action is being taken. That's an answer that doesn't satisfy the mother.
"If it had been loaded, he could have cost her her life. She gets to celebrate her birthday instead of me worry about whether or not I have to make funeral plans because of carelessness on the school's part, and the parents' part."
Generally, students in the Montgomery Public School System are expelled for one year if they bring a gun to school. That means they're transferred to a restrictive setting for the remainder of the school year.
MPS says it hopes this incident reminds all parents to keep their guns under lock and key.
Meanwhile, the gun owner and other relatives of the student who took the gun to school are not facing charges because they didn't supply the student with the firearm.
The mother in this story has moved out and is putting her child in another school system near Montgomery.