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A Pennsylvania man broke the law when he pretended to point a gun at his neighbor, using his thumb and index finger to create the shape of the weapon, an appeals court has ruled.
Stephen Kirchner was convicted of disorderly conduct last fall, but appealed the decision. This week an appeals court upheld his conviction, ruling that pointing a "finger gun" is in fact a criminal offense in this case.
The incident occurred in June 2018 and involved neighbors with a history of bad blood.
When Kirchner and another neighbor, Elaine Natore, walked past Josh Klingseisen out mulching in his backyard, Kirchner made eye contact with Klingseisen, "then made a hand gesture at him imitating the firing and recoiling of a gun," according to court documents.
The gesture was caught on Klingseisen's surveillance cameras, which he had installed due to ongoing confrontations with Natore. At the time, Natore had a "no contact" order against Klingseisen.
