Title 18 Pa. C.S.A. § 6108 is a Pennsylvania statute that has historically regulated the carrying of firearms on public streets in Philadelphia. Unlike most firearm laws in the state, this provision applies specifically to Philadelphia because it is the Commonwealth’s only “city of the first class.”
For many years, the law required individuals to have a valid License to Carry Firearms (LTCF) in order to carry a firearm on public streets or public property within the city. However, a recent Pennsylvania Superior Court decision has changed how this statute can be enforced, particularly in cases involving open carry.
Below, our lawyer who handles gun-related charges will explain what § 6108 says and how the courts now interpret it.
Understanding the Scope of Title 18 Pa. C.S.A. § 6108
Title 18 Pa. C.S.A. § 6108 focuses on carrying firearms in public spaces within Philadelphia. In plain terms, the statute historically made it unlawful for a person to carry a firearm on public streets or public property without a valid license.
The law applied broadly to anyone physically present in the city, including residents, commuters, and visitors. It did not distinguish between individuals based on where they lived, but rather where the alleged conduct occurred.
Importantly, § 6108 was long interpreted to apply to both open carry and concealed carry. This interpretation meant that even individuals who could legally open carry in other parts of Pennsylvania could face charges in Philadelphia if they did not have an LTCF.
How Philadelphia’s Firearm Rules Differ From the Rest of Pennsylvania
Pennsylvania generally allows open carry of a firearm for individuals who are legally permitted to possess one. Outside of Philadelphia, a license is typically required only for concealed carry or for carrying a firearm in a vehicle.
Philadelphia has historically been treated differently due to an older legal classification as a “city of the first class,” which is based on population. Because it is the only city that meets this definition, certain laws, including § 6108, apply uniquely within its boundaries.
As a result, Philadelphia has long required an LTCF for any public carry, regardless of whether the firearm was openly carried or concealed. This distinction has been a source of confusion for individuals traveling into the city from other parts of the state.
The Role of a License to Carry Firearms (LTCF)
A License to Carry Firearms is a central component of Pennsylvania’s firearm laws. It authorizes individuals to carry a concealed firearm and to carry a firearm in a vehicle throughout the state.
In Philadelphia, an LTCF was historically required for any form of public carry under § 6108. The license is issued to eligible applicants, typically by a county sheriff or, in Philadelphia, by the police department.
Eligibility is governed by 18 Pa. C.S. § 6109, which sets statutory criteria and disqualifications, is evaluated by the issuing authority. Not all applicants are approved. Even for individuals who qualify, the license must be valid at the time of carrying to comply with the law.
Commonwealth v. Sumpter (2025) and Its Impact
On June 23, 2025, the Pennsylvania Superior Court issued a decision in Commonwealth v. Sumpter that significantly affects how § 6108 can be enforced. The court held that the statute is unconstitutional as applied to open carry.
This type of ruling, known as an “as applied” decision, does not remove the law entirely. Instead, it limits how the law can be used in specific situations. In this case, it means that § 6108 may not support criminal charges based solely on the act of openly carrying a firearm.
The decision has introduced a more nuanced legal landscape. While open carry may no longer be prosecutable under § 6108 alone, that does not mean all firearm-related conduct in Philadelphia is unrestricted.
What Conduct May Still Be Restricted
Even after the Sumpter decision, several firearm-related restrictions remain in effect under Pennsylvania law. Carrying a concealed firearm without a valid LTCF is still prohibited statewide.
Similarly, carrying a firearm in a vehicle without a license remains unlawful, regardless of location. These rules apply throughout Pennsylvania, including within Philadelphia.
In addition, other charges may arise depending on the circumstances. For example, individuals may face allegations under statutes governing prohibited possession or offenses such as disorderly conduct. These situations are highly fact-specific and may depend on how the firearm is carried and the surrounding circumstances.
Exceptions Under § 6108 and Related Laws
Pennsylvania law recognizes certain exceptions to firearm restrictions. Law enforcement officers and active-duty military personnel are generally exempt when acting within the scope of their duties.
There are also limited circumstances in which individuals may transport a firearm without a license, such as traveling directly to or from specific lawful activities. These exceptions are narrowly defined and must be followed carefully.
Because exceptions are interpreted strictly, misunderstanding their scope can still lead to legal consequences.
Penalties and Legal Risks
Violations involving unlawful firearm carry can still result in serious consequences. Historically, a violation of § 6108 could be charged as a first-degree misdemeanor offense, and firearm-related charges may still arise under other statutes.
Potential consequences may include:
- Jail time
- Fines
- A permanent criminal record
- Loss of firearm rights
The outcome of any case may vary depending on the specific facts, prior history, and how prosecutors choose to charge the conduct. If you are facing charges, a criminal defense lawyer may be able to help.
Common Misunderstandings About § 6108
One common misunderstanding is that the Sumpter decision made open carry broadly “legal” in Philadelphia. The reality is more limited:
- 6108 can no longer be used, by itself, to prosecute open carry
- The statute still exists and has not been repealed
- The decision does not create a general right to carry in all circumstances
- Other firearm laws and fact-specific situations may still result in criminal charges
These distinctions matter because individuals may still face legal consequences depending on how and where a firearm is carried.
Facing Firearm Charges in Philadelphia? Speak With Us About Your Options
If you are dealing with a firearm-related charge or are unsure how Pennsylvania law applies to your situation, getting clear legal guidance can help you understand your options and avoid costly mistakes. Firearm laws in Philadelphia remain complex, especially in light of recent court decisions.
McKenzie Law Firm, P.C., represents individuals facing criminal charges throughout Montgomery County, Chester County, Bucks County, and Delaware County. If you need help understanding your next steps, you can contact us to discuss your situation and get straightforward answers about your legal options.
18 Pa. C.S.A. § 6108 Frequently Asked Questions
Do I still need a License to Carry Firearms in Philadelphia?
Yes. An LTCF is still required for concealed carry and for carrying a firearm in a vehicle anywhere in Pennsylvania, including Philadelphia.
Can I legally open carry in Philadelphia after the Sumpter decision?
The decision limits enforcement of § 6108 for open carry, but it does not eliminate all legal risk. The legality of a specific situation may depend on additional factors and how the law is applied.
What happens if I’m charged under § 6108 today?
Charges may still be filed, and the courts will evaluate each case based on current legal standards. The impact of the Sumpter decision may be considered as part of that analysis.
