Pennsylvania Court Rules Man's 'Gun-Like Hand Gesture' Is A Crime

By Bill Galluccio

August 29, 2019

'Gun-like hand gesture’ deemed crime by Pennsylvania court: https://bit.ly/2HtDT1m

Posted by WGAL News Channel 8 Susquehanna Valley, Pa. on Wednesday, August 28, 2019

A Pennsylvania court ruled that a man committed a crime when he directed a "gunlike hand gesture" toward one of his neighbors. 64-year-old Stephen Kirchner and an unidentified female acquaintance have a long history of issues with their neighbor. The neighbor installed six security cameras on his property due to the ongoing confrontations, while Kirchner's female friend was granted a "no contact" order against him.

In June 2018 one of those cameras captured Kirchner and his female friend walking down the street and getting into an argument with their neighbor. At one point, Kirchner stopped, looked at his neighbor, and then "made a hand gesture at him, imitating the firing and recoiling of a gun."

The gesture was witnessed by multiple people who called 911. Kirchner told police he made the gesture after his neighbor gave him the middle finger with both hands and they issued him a citation for disorderly conduct. He was found guilty but appealed the verdict, arguing that his gesture didn't "create a hazardous or physically offensive condition" and that his actions did not harm anybody.

The Superior Court of Pennsylvania disagreed with Kirchner and ruled that the gesture "recklessly risked provoking a dangerous altercation."

Kirchner was ordered to pay a $100 fine and court costs.

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