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A Pennsylvania court ruled on Tuesday that the creation of a “gunlike hand gesture,” is it a crime when a man, who’s hand is in motion during a fight with his neighbor — an action that is, reportedly, a few residents got nervous and asked for a phone call to the police.
Stephen Kirchner, 64, has made a gesture in the direction of his neighbour’s, in Manor Township, in June 2018, according to the surveillance video. Kirchner, walking along with a female neighbor, he “stopped, and made eye contact with [the man’s neighbor], and then made a hand gesture at him and mimic the firing and recoiling of a gun,” according to court documents.
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The action was for a neighbor to feel “threatened,” and then he called 911. Another neighbor said she saw ms. Kirchner “put his finger up as if he were going to shoot [the neighbour]”, “insecure” to ask for her to call 911.
Kirchner, and with the female neighbor, Kirchner had gone to the previous problems, and the clashes, the source of the neighbor-to-install six security cameras on the property. At the time of the incident, in 2018, a female neighbor could have been a “no contact” order against the neighbor, who felt threatened, court documents indicate.
Kirchner was issued a citation for disorderly conduct following the incident. He told the court that he was the gunlike gesture after his neighbor gave him the finger with both hands.”
The 64-year-old was convicted, but appealed on the grounds that the hand gesture is not “creating a hazardous or physically offensive condition.” Kirchner said he didn’t want that, the public alarm, and there really wasn’t any harm done to the neighbors or anyone else.
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On Tuesday, however, the Superior Court of Pennsylvania, was the thought “served no legitimate purpose and reckless daring of producing a dangerous twist.”
Kirchner was ordered to pay a $100 fine and court costs.