Pennsylvania court rules making 'gunlike hand gesture' is a crime, fines man for threatening neighbor
Pennsylvania Superior Court, on Friday, ruled that making a "gunlike hang gesture" is a crime after a man stopped outside his neighbor's house, made eye contact with him and made a "hand gesture at him imitating the firing and recoiling of a gun."
The neighbor had reportedly installed six home surveillance cameras because of ongoing confrontations with the man, identified as 64-year-old Stephen Kirchner, of Lancaster County.
According to court documents, Kirchner was with his girlfriend when he walked by the neighbor's home and made the gesture on June 7, 2018. He can be seen making the gesture in a surveillance video shared by WGAL.
Reports state that Kirchner's girlfriend had a "no contact" order against the male neighbor, who has not been identified, at the time of the incident. It is not yet clear what the confrontations between Kirchner and his neighbor were.
However, at the time Kirchner made the gun gesture at the neighbor, he got involved into an argument, which made the neighbor feel "extremely threatened" along with nearby residents who called the authorities on him.
A neighbor who witnessed the confrontation from her front porch confirmed Kirchner "put his finger up like he was going to shoot him." She added that she felt "insecure" about the hand gesture and called police immediately.
Although Kirchner, during the initial trial, admitted making the gesture, he added that he only did so in retaliation to the hand gestures made by the neighbor. He claimed that the male neighbor "gave [him] the finger with both hands." Kirchner was reportedly found guilty and was issued a disorderly conduct citation, according to Daily Mail.
The Lancaster County District Attorney Office, in a press conference in 2018, said that Kirchner had appealed the verdict. Kirchner, in an appeal on October 27, 2018, argued that the gesture he made "did not cause a hazardous or physically offensive condition, that he did not intend to cause public alarm, and that there essentially was no harm done to the victim or society."
The Pennsylvania Superior Court reviewed his case and upheld the verdict on August 27, saying Kirchner "created a hazardous condition as it risked an altercation. This act served no legitimate purpose, and recklessly risked provoking a dangerous altercation."
He was ordered by the court to pay court costs and a $100 fine.