A young Abington man who walked around with an AR-15 rifle strapped to his back will not be charged criminally after several days of involuntary mental health evaluation, but he also won't be getting his gun back.
The man, who has not been identified, is scheduled to have a hearing to determine if he is fit to be released from custody of a mental health facility, Abington police said in a statement Tuesday.
Police Chief Patrick Molloy did not say when the hearing would be, but a state official will determine whether the young man should serve up to an additional 20 days in additional involuntary commitment on top of what he has already served.
The man caused some panic last Monday while walking through the area of North Hills, Ardsley, Glenside and the Abington Shopping Center last Thursday with the intimidating weapon slung behind his back. Initially, township police did not take him into custody because under Pennsylvania's open carry laws, he was acting lawfully with the right permit.
But after seeing news reports about the man, some of his friends told police the man talked in the past year about killing himself and "shooting up" Abington High School, which he had attended until 2017, and Penn State's Abington campus, police said.
Throughout the initial interactions between the man and police, and again in announcing that the man would not be charged Tuesday, Molloy sought to walk the fine line between the widely-held belief in a Constitutional right to possess weapons and the entire community's protection from potentially dangerous armed individuals.
"We cannot, and will not, take citizens into custody merely for exercising their constitutional right to bear arms. We have no desire to do so, no right to do so, and we did not do so, here," Molloy said in a statement. "On the other hand, when the totality of the circumstances leads us to believe that this community’s safety could possibly be in jeopardy or a young man is troubled and/or in need of assistance, we cannot, and will not sit idly by."
The man bought the AR-15 in March and also purchased a Glock handgun in either February or March, the friends said.
Abington detectives opened an investigation and with a warrant found that the internet search history on the man's smartphone revealed he spent time researching mass shootings at Parkland High School in Florida, Columbine High School in Colorado and Sandy Hook Elementary in Connecticut, according to court documents.
Local
Breaking news and the stories that matter to your neighborhood.
Some of the searches included "What guns were used in mass shootings," "How many time were AR-15s used in mass shootings," and "How many mass shooters have fatherless homes."
One friend told police they believed the man was throwing up red flags for help.
"I think he is throwing up red flags because he recently dropped out of school. He gave me the impression that he has nothing to lose in a way," the unidentified friend was quoted saying in court documents.
Molloy wrote a letter to residents telling them that while the man’s intentions are unknown, they believe he’s trying to draw officers into a debate over his 2nd amendment right to carry the weapon in public.
"All of our officers are well aware of this passive-aggressive tactic, as they have been videotaped during at least one encounter with him,” Chief Molloy wrote. “While no laws have been broken, this individual’s actions have caused unnecessary alarm to the public, thus diverting valuable police resources from our core mission.”
Molloy had urged residents not to take action or speak with the man and to call 911 if they felt threatened.
"This individual’s decision to exercise his rights does not, by itself, warrant an involuntary mental health evaluation," the department statement said. "However, additional information was received which warranted steps to be taken for his safety and the safety of our citizens."
