Landmark Ruling Invalidates Philadelphia’s Exclusive Gun Law
By Dan Doyle- June 26, 2025-
In a significant win for supporters of gun rights, the Pennsylvania Superior Court has declared a state statute that limits the open carrying of firearms in Philadelphia as unconstitutional in a recent case, raising doubts about the future of this city-specific regulation. The ruling, delivered on June 23, revolves around Riyadh Sumpter’s case, a Philadelphia resident convicted under Section 6108 of Pennsylvania’s Crimes Code, which prohibits carrying a firearm in public areas of Philadelphia without a permit. While open carry is generally permitted without a license for individuals over 18 in most parts of the state, Philadelphia has maintained stricter licensing prerequisites.
The court overturned Sumpter’s conviction, asserting that the law breached the Equal Protection Clause of the Fourteenth Amendment by establishing unequal legal standards for residents based solely on their location. In its statement, the court articulated, “Section 6108 places individuals in Philadelphia at a distinctive disadvantage in exercising their Second Amendment rights. The section fails to meet strict scrutiny standards and is therefore unconstitutional under the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution as applied to the Appellant.”
Despite the ruling’s direct impact on Sumpter, advocates for gun rights argue that its implications transcend his individual case. By employing strict scrutiny—the most rigorous form of judicial assessment the court hints at the broader unconstitutionality of Section 6108. Gun Owners of America (GOA), a supporter of Sumpter’s legal endeavors, hailed the ruling as a landmark affirmation of uniform gun rights throughout the state.
Dr. Val Finnell, GOA’s Pennsylvania Director, remarked, “This ruling is a historic validation of our longstanding belief that gun rights should not be restricted by city boundaries. The court aptly acknowledged that the state’s prohibition on open carry in Philadelphia violated the Equal Protection Clause by establishing a dual-tiered system where the right to bear arms hinges on one’s postal code.”
The court stressed that while public safety is a valid governmental interest, it cannot supersede constitutionally protected rights. The decision concluded that the Commonwealth failed to present a compelling rationale for the city’s stricter regulation, especially when contrasted with firearm laws in other parts of Pennsylvania. Critics of Section 6108 have contended that the law disproportionately impacts Philadelphia residents, particularly those in communities of color, by criminalizing otherwise lawful conduct allowed just beyond the city borders.
GOA is now urging the state legislature to revoke Section 6108 entirely to prevent further legal ambiguity and to harmonize Pennsylvania’s firearms regulations. Finnell added, “This victory is significant for the people of Philadelphia, who have been unfairly deprived of their rights under an unconstitutional city-specific law.”
While the Superior Court’s judgment could set a persuasive precedent for future legal disputes and potentially spur additional judicial or legislative action, currently, the ruling specifically pertains to Sumpter’s case, leaving the broader legal terrain in a state of uncertainty. As debates surrounding gun rights and gun safety continue to be contentious topics in Pennsylvania and the nation at large, this case represents a crucial juncture in the ongoing discussion regarding the boundaries of constitutional rights.