Pennsylvania Superior Court Strikes Down Philadelphia Open Carry Law

Posted in Constitutional Rights on June 25, 2025

In Commonwealth v. Sumpter, the Pennsylvania Superior Court declared 18 Pa.C.S. § 6108 unconstitutional as applied, marking a major victory for Second Amendment advocates. The decision strikes at the heart of Philadelphia’s open carry restrictions, ruling that the city cannot impose criminal penalties for carrying a firearm openly without a license—when the same conduct is legal elsewhere in Pennsylvania.

NOTE – The Court held that the law was unconstitutional “as applied” to Sumpter based upon his specific circumstance.  This does NOT mean that the law is unconstituional for everyone, meaning it does not allow a person to open carry in Philadelphia.  A person can still be charged for an open carry violation, and the person would then need to challenge the law as applied or the person could make a facial challenge to the law.  A facial challenges means that the decision would apply to everyone.

🔍 What Is § 6108 of Pennsylvania Law?

18 Pa.C.S. § 6108 prohibits open carry of firearms in Philadelphia without a license. This makes the city an outlier, as open carry is generally legal elsewhere in Pennsylvania for individuals 18 and older.

• Statewide law (§ 6110.1(a)): Open carry legal for 18+

• Philadelphia (§ 6108): Open carry criminalized without a license

• License eligibility (§ 6109(b)): Must be 21+ years old

  🏛️ The Court’s Ruling: § 6108 Fails Constitutional Scrutiny

  1. Second Amendment Protected Conduct

  The Court reaffirmed the right to bear arms outside the home is fundamental, citing Bruen (2022) and subsequent Supreme Court cases.

  2. Strict Scrutiny Applied

  Because the case involved a fundamental right, the Court applied strict scrutiny:

  “Geographic disparities in gun rights must be narrowly tailored to a compelling state interest.”

  3. Philadelphia’s Argument Falls Short

  The Commonwealth claimed § 6108 was necessary to reduce gun violence in dense urban areas. But the Court held:

  “Public safety concerns, while compelling, do not justify discriminatory enforcement of constitutional rights.”

📌 For Gun Owners and Attorneys in Pennsylvania

This ruling may impact:

• Open carry rights in Philadelphia

• Legal strategy for those charged under § 6108

• Future challenges to statewide gun licensing laws