Gilberton police Chief Mark Kessler posted a YouTube video showing him firing a "Tommy" gun Wednesday, the same day the borough council suspended him for 30 days without pay over two similar videos.
The most recent video was made last week during his vacation in Texas while news of his previous videos went viral. In the most recent video, Kessler shoots a paper target of a gunman whom he describes as a "gangbanger," "New York City thug" and an Obama supporter.
After firing several shots, the target is riddled with bullet holes.
"Here we go. That's gun control," he says in the video. "Right in the face."
A notation on the video, which he tweeted after the Wednesday's council meeting, says he rented the gun.
Reviewing suspension
Borough council suspended Kessler for 30 days Wednesday night for using borough weapons without permission in the previous videos. The discipline was approved 5-1 following a short meeting Wednesday night, when supporters and critics of Kessler gathered outside.
By Thursday morning, Kessler used his website to accuse Council President Daniel Malloy, Councilman Eric Boxer and Mayor Mary Lou Hannon of "conspiring behind closed doors for full termination."
The next line reads: "They needed to suspend first to allow themselves time to look for or make up any reason or lie. HEY BOXER, MALLOY, HANNON, YOU'RE COWARDS, YOU'RE HACKS, YOU PRETEND TO UPHOLD THE CONSTITUTION, YOU SICKEN ME!"
The mayor and councilmembers were not available Thursday for comment.
On Thursday, Kessler said he is reviewing the legality of his suspension. He believes he had permission to use the equipment he was shown firing.
"It's a shame that (Gilberton council) didn't stand up for the Constitution," Kessler said in a phone interview with The Associated Press. "I might use some colorful language. I might have hurt some feelings, but I wasn't out to hurt anybody."
His attorney, Joseph P. Nahas, said Kessler "understands the punishment. He certainly cannot change their mind." While they have not discussed potential litigation, Nahas said, Kessler has an employment contract and state law gives him certain protections as a chief of police.
Hannon said Wednesday that when Kessler returns to work, borough officials will discuss new employee guidelines with him. She said she respects the council's decision but believes Kessler has the right to say anything he wants on the video.
'Libtards'
Some didn't think the suspension went far enough. Michael Morrill, executive director of the advocacy group Keystone Progress, delivered a petition signed by 20,000 people - about 25 times the number of people who live in Gilberton - who want Kessler fired.
He said the issue is not whether Kessler has a right to have a gun or curse on a video. He said it's how he used his words to intimidate people, which is not protected speech.
"Kessler's video was produced to threaten and intimidate," Morrill said. "People who are registered Democrats cannot expect to be treated fairly because Kessler doesn't even want to call them people because that's being too kind. He calls liberals 'libtards' and says the founding fathers would be shooting them if they were alive today."
Kessler maintains that he did nothing wrong by shooting a video on his own time. He initially gave media interviews, saying he used profanity to get attention to his cause. Hannon immediately stood by Kessler, saying the borough had no right to intervene in a lawful video Kessler shot while he was off-duty.
She argued the First Amendment protected his use of profanity and the Second Amendment allows him to shoot the selective-fire weapons, which he had on automatic mode in the videos.
A federal permit is required to possess such weapons. Military and law enforcement officers can also possess them. Kessler said he had those guns as a law enforcement officer authorized by the mayor and was training in the video, but that it was not related to his job as chief.
Responses
Kessler said he has been getting death threats since the media began reporting about the video.
Several groups have since distanced themselves from Kessler, who is also a North Schuylkill School Board member. The board issued a statement saying the other members dodn't "condone the video."
The Pennsylvania Police Chiefs Association issued a statement pointing out that Kessler is not a member and most in law enforcement support the Second Amendment, but Kessler's videos do not reflect the values of most law enforcement leaders.
(The Associated Press contributed to this report.)