In Commonwealth v. Sumpter (2025), the Pennsylvania Superior Court held that 18 Pa.C.S. § 6108 cannot constitutionally be applied to punish open carry without a license in Philadelphia when it is lawful elsewhere in the state. If you are facing charges under § 6108 in Philadelphia, this decision could anchor your defense. The Fishman Firm can review your case and help you decide how to fight your charge in light of the Court’s decision.

While gun owners have clear rights under the Second Amendment, states can enact reasonable restrictions on gun owners’ rights for the benefit of public safety. The Pennsylvania legislature tried to do this with 18 Pa.C.S. § 6108. However, the Pennsylvania Superior Court ruled in 2025 that Section 6108 is unconstitutional to the extent that it prevents openly carrying a gun without a license in Philadelphia. As a result, if you have been charged with carrying a firearm without a license under Section 6108, you will want to consult with an experienced Philadelphia criminal defense lawyer promptly.

In the case of Commonwealth v. Sumpter, the defendant was charged with violating Section 6108 after the police stopped him for openly carrying a firearm on the streets of Philadelphia. Prosecutors secured a conviction at trial, and the defendant, Mr. Sumpter, filed an appeal. On appeal, the Pennsylvania Superior Court ruled in Mr. Sumpter’s favor—and the Court’s decision now has important implications for many defendants who are facing charges under Section 6108.

What § 6108 Says — and Why Philadelphia VUFA Cases Are Different

While Section 6108 is a state statute, it applies specifically to carrying a firearm in Philadelphia. Here is what the law states, in full:

“No person shall carry a firearm, rifle or shotgun at any time upon the public streets or upon any public property in a city of the first class unless: (1) such person is licensed to carry a firearm; or (2) such person is exempt from licensing under section 6106(b) of this title (relating to firearms not to be carried without a license).”

Although the statutory language does not mention Philadelphia specifically, Philadelphia is the only “city of the first class” in Pennsylvania.

As a result, by its plain language, Section 6108 makes it illegal for anyone who does not have a license (and who is not exempt from obtaining a license) to carry a firearm in Philadelphia. Since its enactment in 1972, Section 6108 has been used to secure convictions in numerous violation of the Uniform Firearm Act (VUFA) cases. Now, however, Section 6108 is no longer the prosecutorial weapon that it used to be.

What the Superior Court Decided in Commonwealth v. Sumpter

In Commonwealth v. Sumpter, Pennsylvania Superior Court held that Section 6108 is unconstitutional to the extent that it outlaws openly carrying a firearm without a license in Philadelphia. Specifically, the Court wrote:

“[W]e conclude that § 6108 is unconstitutional on an equal protection basis as applied to the Appellant. The right to keep and bear arms outside the home is a fundamental right protected by the Second Amendment. Section 6108 requires persons who wish to openly carry a firearm on public streets and public property in Philadelphia to obtain a carry license. Open carry without a license is lawful for those 18 years of age and older elsewhere in the Commonwealth but criminal in Philadelphia. Thus, § 6108 places persons within the City of Philadelphia at a special disadvantage in the exercise of their Second Amendment right. . . . Section 6108 fails to pass strict scrutiny and is therefore unconstitutional . . . .”

As this makes clear, the Court did not rule that Section 6108 is unconstitutional in its entirety—but rather only to the extent that it applies to openly carrying a firearm without a license. The Court also expressly declined to address other issues related to the validity of Section 6108, including whether requiring a license for open carry violates the Second Amendment. The Court’s decision applies specifically to Section 6108 as applied in the case (i.e., to prosecute someone for openly carrying a firearm without a license in Philadelphia).

“As Applied” vs. “Facial”: What the Ruling Does and Doesn’t Cover

This “as applied” distinction is important. While courts will occasionally invalidate statutes in their entirety, they will generally seek to limit the scope of their rulings when a particular case does not address all of the possible ways in which a statute can be applied. This is precisely what the Pennsylvania Superior Court did in Commonwealth v. Sumpter. Rather than ruling that Section 6108 is invalid “on its face,” the Court ruled that Section 6108 is invalid “as applied” to the specific fact pattern involved.

Defense Options If You’ve Been Charged Under § 6108 in Philadelphia

So, what does all of this mean for you? In short, if you have been charged with violating Section 6108 in Philadelphia, whether you can use the Court’s decision in Commonwealth v. Sumpter to fight your case depends on the specific facts involved. If you were charged with openly carrying a firearm in Philadelphia without a license, the statute may be unconstitutional “as applied,” and this may mean that you are entitled to have your charge dismissed.

On the other hand, if you are facing charges under other circumstances, then the Court’s decision may not have any bearing on your case. In this scenario, it will be important to determine what other defenses you have available. Regardless of the facts at hand, you will need experienced legal representation, and you should discuss your case with an experienced Philadelphia criminal defense lawyer as soon as possible.

Request a Free Consultation with Philadelphia Criminal Defense Lawyer Brian Fishman

Are you facing a VUFA charge under Section 6108? If so, we encourage you to contact us promptly for more information. To discuss your case with experienced Philadelphia criminal defense lawyer Brian Fishman in confidence as soon as possible, call us at 267-758-2228 or request a free consultation online now.