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Pennsylvania court: Making gun-like hand gesture is a crime

August 29, 2019

MANOR, Pa. (AP) — A Pennsylvania man convicted of disorderly conduct for making a shooting gesture with his hand has lost his bid to have it overturned.

A state appellate court made the ruling Tuesday on the appeal brought by Stephen Kirchner.

The Manor man made the gesture while walking past a neighbor’s home in June 2018. The man allegedly made an obscene gesture toward Kirchner, who responded with his gesture.

A witness called 911 to report the incident. The neighbor told authorities he felt “extremely threatened.”

In his appeal, Kirchner argued that his gesture didn’t create a hazardous or physically offensive condition. He also argued that he didn’t intend to cause a public inconvenience because he made the gesture to a specific individual.

Kirchner’s attorney said they won’t appeal the matter further.

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