A Pennsylvania man who mimicked a gun with his fingers and mimed shooting his neighbor created “a hazardous condition,” the state’s court of appeals has ruled, according to The Washington Post.
In June 2018, Stephen Kirchner stopped while walking with a friend outside the home of Josh Klingseisen, a man his friend had a “no contact” order against, raised his and and pointed his fingers like a gun before he “made a recoil motion as if to suggest he had shot him,” according to the Pennsylvania Superior Court. Kirchner was charged with criminal disorderly conduct and convicted of the misdemeanor, which has been upheld by a Pennsylvania state appeals court.
Judge Maria McLaughlin wrote in the opinion on Tuesday that Kirchner’s action “served no legitimate purpose, and recklessly risked provoking a dangerous altercation.”
“We conclude that there was sufficient evidence that Kirchner’s act of mimicking his shooting Klingseisen created a hazardous condition, McLaughlin noted.
Kirchner argued that a simple hand gesture, “albeit in the rough form of a gun,” can’t be considered disorderly conduct as he had no intention of causing a “public alarm” or “hazardous conditions,” but the court noted that a neighbor called police after witnessing the incident.
“Kirchner acted with a reckless disregard of creating a risk of public alarm, as evidenced by the fact that an eyewitness on a neighboring property contacted 911 because Kirchner’s actions caused her to feel insecure,” the court wrote.
A Florida court made a similar ruling in 2017, finding that pointing a finger gun at an off-duty police officer is not protected under the Frist Amendment because the officer felt threatened.
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