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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsFinger Shooting is Illegal in Pennsylvania.
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We conclude that there was sufficient evidence that Kirchners act of mimicking his shooting Klingseisen created a hazardous condition, Judge Maria McLaughlin wrote in the Tuesday opinion.
Kirchner argued his actions were so minimal that they shouldnt even be considered criminal. A mere hand gesture albeit in the rough form of a gun couldnt possibly arise to the standard of disorderly conduct, he argued, and he had no intent to cause public alarm or create hazardous conditions.
But its not uncommon for people to be arrested for making the gesture, or for schoolchildren to be disciplined for pointing finger guns at other kids and saying, Pow, in class, especially in the wake of school shootings. Finger guns might be as harmless as a corny way to say hello or to shoot some imaginary thing, but in the eyes of police or school administrators, if a person on the receiving end of the pretend gun feels threatened, its criminal behavior or grounds for suspension.
https://beta.washingtonpost.com/nation/2019/08/30/finger-gun-crime-pennsylvania-court-neighbor-dispute/?noredirect=on
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guillaumeb
(42,641 posts)jberryhill
(62,444 posts)It is unfortunate when people buy into the bullshit framing of situations which are not as simple as the author seeks to mislead people to appear.
This guy has engaged in a campaign of threats and harassment against the victim, and the situation is so volatile that it was one of the neighbors who called 911. From the decision:
The incident was video-recorded by Klingseisen,2 who had previously installed six security cameras at his home due to ongoing confrontations between him and Natore. At the time of the incident, Natore had a no contact order against Klingseisen.Klingseisen testified at trial that he felt extremely threatened when Kirchner made the gun gesture at him. Trial Court Opinion, filed January 7, 2019, at 2 (quotingN.T., 10/17/18, at 7). Klingseisens neighbor, Yvonne Rodriguez,saw the incident from her front porch. Rodriguez testified she saw Kirchner turn towards Klingseisen and put his finger up like he was going to shoot him.N.T. at 9.Rodriguez stated she felt insecureafter seeing the gesture, and called 911.Tr. Ct Op.at 2; N.T. at 10.
So, bullshit dishonesty aside, it is not "illegal" in Pennsylvania to make a gun gesture with your hand.
It is illegal, in the context of an ongoing feud with one's neighbor to the point of restraining orders, to threaten someone with harm. And, put in its proper context, the situation is kind of a "no shit, Sherlock" situation.
Only a liar seeking to mislead you would characterize this as a court ruling that merely making a gun gesture is illegal in Pennsylvania.
Credibly threatening to kill someone is illegal in Pennsylvania, and every other state.
Executive Summary: Bullshit.