Gun like hand gesture conviction in PA Superior Court as disorderly conduct

Folks are becoming too precious ... and too umbrageous.

I might view that hand gesture as a future threat of violence if I was involved in a dispute with a neighbor.

Well, it’s a good thing he didn’t make a peanut butter sammich in the shape of a gun and use that...someone might have spilled their milk!

GAF said:

I might view that hand gesture as a future threat of violence if I was involved in a dispute with a neighbor.

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This exactly. Standard intimidation trait of thugs on the street. While not an imminent threat, it's no different than verbalizing a future threat. In my stated it may also qualify as terroristic threatening.

Setting aside all the macho stuff we all were encouraged to pursue as young guys (part of growing up is learning not to do that sort of stuff - but these days..... I wonder exactly what is being taught)... anyone that threatens another needs to get slapped down the first time it happens. Although I'd much prefer a quick face to face resolution - I'll accept a court one...

Seriously, we do seem to have more than our share of threatening behavior these days.... or maybe I'm just past it and in full geezer mode now...

Thomas Mayberry said:

This exactly. Standard intimidation trait of thugs on the street. While not an imminent threat, it's no different than verbalizing a future threat. In my stated it may also qualify as terroristic threatening.

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If his gesture was a threat of possible future violence, wouldn't the "bird" be a threat of possible future sexual assault?

lemaymiami said:

.... or maybe I'm just past it and in full geezer mode now...

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Concern over potential (possibly painful) repercussions used to keep most folks much more civil, face to face, I think.

Then television & Vietnam came along and that unraveled a bit.

The anonymity of the internet dealt it a major blow ...

... but the damage of the outrageous incivility & spiraling-out-of-control Mob Mentality fed by vehicles like Twitter may be fatal.

A thin veneer of civilization over barbarianism, indeed ...

Memo to self...........keep hands in pocket

I might view that hand gesture as a future threat of violence if I was involved in a dispute with a neighbor.

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It is exactly the same as a verbal threat. Just because someone uses sign language doesn't make it any different than verbalizing it or using the written word. If I wrote a letter to someone threatening to kill them, and if that person took the letter to LE I'd be arrested. This is no different, just harder to prove. Seeing it on video makes the difference.

I see lots of people getting up in arms because some school age kid got in trouble for using a hand gesture imitating a gun at school. When we were kids that gesture meant something far different than it does today. That symbol has been hijacked by thugs in schools as a means of intimidation. Thug does something wrong. Decent kid sees it, thug points finger at good kid and imitates a shot. The new non verbal meaning is "Keep your mouth shut or me and my gang will deal with you." I understand that many times it is kids just playing, but they have been warned not to do so and should know better. At some point we have to learn that this isn't the 1960's anymore. Symbols and their meaning have changed.

When are we going to prosecute "micro aggressions"!!??

Connect the dots. Context here matters. The gesture was not done in isolation without context. It was a threat in this case, and the law was applied by a court.

Like most things there is gray here. Screwing around “pew pew’ing” with your finger gun is one thing.

Using it as an actionable threat is another. Not that different then a “jovial” “I’m gonna kill you if we get out of this” type of comment made to a buddy vs “I gonna f’n kill you” made to a witness, estranged spouse, etc.

Point is I do think we are all way to thin skinned these days but I could see making a gun hand and pointing it as a real threat to commit violence.

Threats can be verbal or non-verbal, such as running your finger across your throat or in this case making a shooting gesture with your fingers. I don't know the full context of what happened, but if you had an argument with a neighbor and then made that gesture, I can see how it can be taken as a threat that you're going to shoot them. In this day and age you need to be smarter than that.

Just for the record I always thought that the traditional naval one finger salute was simply a gesture of defiance... usually displayed when you were out of words.

There is only one thing left to do and that is ban fingers.

Yep, with a forced buy-back!

Conelrad

In that context, I agree it’s a threat.

Context is everything. Kids playing cops and robbers vs a creepy guy who has been stalking someone and has a restraining order are two entirely different situations that should be treated differently.

If a disheveled guy walks up to you in the street and says “I’m gonna get my gun and kill you,” would you consider that a threat? The finger gesture is just a non-verbal version of that.

After I read this article, I've found most online headlines of it are worded in a click bait fashion to play on the negative image of guns in the media.

Making that gesture is just as good as any other threat... It's only making headlines because it's loosely gun related. I would expect the same outcome from the old neck slit gesture, or hanging gesture and don't mind it being litigated as a threat. You are threatening to kill someone. I know if someone made any of those gestures at me, I would count it as a direct threat of future violence.

Never bring a hand gesture to a gun fight.

Apparently the wise man in these neighbor`s brain`s does not work very well. It would be interesting to know the beginnings/history of their problems with each other. When hot heads confront each other on a continual basis the situation may spiral out of control at some point in the future. I have watched a few episodes of Fear Thy Neighbor and it looks like apparently reasonable people will turn into raving lunatics for not much reason at all.

And this in not about someone making a peanut butter sandwich into the shape of a gun.
WOW peanut butter sandwich, I think I am hungry !

Kind of the same as the index finger across the throat gesture, to say "you're dead meat". It is definitely a threat but I'm very surprised to see a finger gesture of any sort is actionable in terms of conviction.