Legal Update–Pennsylvania Superior Court–VUFA-Section 6108-Carrying a Firearm on Public Streets in Philadelphia—Now Unconstitutional?
Gun Law Generally in Pennsylvania
Pennsylvania, like New Jersey, maintains a series of laws to regulate the possession and use of handguns and other firearms within the Commonwealth under is Uniform Firearms Act. While New Jersey imposes additional requirements and applications for gun ownership, along with mandatory minimum sentencing, Pennsylvania still classifies the illegal possession of gun as felony crime in most situations.
There are, however, misdemeanor gun crimes in Pennsylvania. While these crimes are as serious as felonies, they, nevertheless, will result in a criminal record if a person is convicted at trial or pleads guilty to the offense. Unlike, New Jersey, Pennsylvania does not permit a convicted person to file a petition to expunge his or her record for gun crimes. A criminal record often hinders a person’s professional and personal goals.
Pennsylvania Superior Court – Commonwealth v. Sumpter – Section 6108
Recently, in Commonwealth v. Sumpter, the Pennsylvania Superior Court ruled that at least one of Pennsylvania’s gun laws, Section 6108, a violation under Pennsylvania Uniform Firearms Act (VUFA) – Carrying of firearms in Philadelphia Without a License, is unconstitutional. Section 6108 prohibits carrying a firearm on public streets or property in cities of the first class (only Philadelphia) without a license.
§6108. Carrying firearms on public streets or public property in Philadelphia
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:
- such person is licensed to carry a firearm;
- such person is exempt from licensing under section 6106(b) of this title (relating to firearms not to be carried without a license).
What was the Constitutional Basis for the Sumpter Decision?
This constitutional challenge focused primarily on the Equal Protection Clause of the Fourteenth Amendment. The argument was that the law, as written, created a two-tiered system for those exercising their Second Amendment right. The Court found that the statute, dependent on location, prevented the defendant from openly carrying a firearm in Philadelphia despite being lawful in other parts of the Commonwealth.
The Court applied a strict scrutiny standard and found that the Commonwealth failed to show a compelling government interest for this geographic restriction. Further, there was no historical tradition of limiting Second Amendment rights in urban areas like Philadelphia. The Pennsylvania Constitution right to bear arms provision is even stronger than the text of the Second Amendment to the United States Constitution.
What does this mean for gun cases in Philadelphia charged under 6108?
This ruling, however, does not immediately invalidate the law as it is an “as applied” decision. This means that it applies only to the specific facts of the Sumpter case. This decision does, however, create precedent for future challenges and therefore significantly weakens its application in the Philadelphia County Courts.
Criminal defense attorneys across the Commonwealth will likely argue that the law abiding people of Philadelphia have just as much a right to exercise their Pennsylvania constitutional rights to publicly carry a firearm and to self defense as people living elsewhere in Pennsylvania. Further, they have much more of a need to exercise those rights than people who live in areas with little or no violent crime!
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