Gesture...

A Lancaster County man who made a “gun-like hand gesture” at his neighbor committed a crime.

“Kirchner argued on appeal that the gesture did not cause a hazardous or physically offensive condition, that he did not intend to cause public alarm, and that there essentially was no harm done to the victim or society,” a statement from the DA’s Office said. 

However, the high court found the gesture of imitating the firing and recoiling of a gun “risked an altercation” and supported the charge. The neighbor also reported feeling insecure, which is why the call to 911 was placed.

The DA’s Office said there was an ongoing history of confrontations between Kirchner, the neighbor. The DA’s Office said because of that contentious history, the neighbor had installed six video cameras and the gesture was recorded.

Kirchner was ordered to pay a $100 fine and court costs.