A Pennsylvania man convicted of disorderly conduct for making a shooting gesture with his hand has lost his bid to have it overturned.

A state appellate court made the ruling Tuesday on the appeal brought by Stephen Kirchner.

The resident of Manor, Westmoreland County, made the gesture while walking past a neighbor’s home in June 2018. The man allegedly made an obscene gesture toward Kirchner, who responded with his gesture.

A witness called 911 to report the incident. The neighbor told authorities he felt "extremely threatened."

STEPHEN KIRCHNER: Pa. court rules making 'gun-like gesture' with your hand is a crime | WPXI https://t.co/f76el4nojK — Shelley Bortz WPXI (@WPXIShelley) August 29, 2019

In his appeal, Kirchner argued that his gesture didn't create a hazardous or physically offensive condition. He also argued that he didn't intend to cause a public inconvenience because he made the gesture to a specific individual.

Kirchner’s attorney said they won’t appeal the matter further.

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