Major Victory for Philadelphians: Pennsylvania Superior Court Declares Section 6108 Unconstitutional
June 23, 2025
In a landmark decision, the Pennsylvania Superior Court has just ruled that 18 Pa.C.S. § 6108—the statute prohibiting carrying a firearm on the streets of Philadelphia without a license—is unconstitutional. This is a major win for the people of Philadelphia and a significant development in Pennsylvania gun law.
Jerrehian Law is proud to share that Matt brought the original motion challenging the constitutionality of § 6108 in this case at the Municipal Court level while working at the Defender Association. While Jerrehian Law did not take part in the appeal process, this ruling shows how important every case is, down to misdemeanors in Municipal Court. It’s a powerful reminder that early motions matter—and that even local-level filings can help shape constitutional law in this Commonwealth.
What Is 18 Pa.C.S. § 6108?
Section 6108 made it a criminal offense to carry a firearm on public streets in Philadelphia unless the person had a valid license to carry—even though open carry is allowed in the rest of Pennsylvania without any license. Philadelphians were unfairly singled out for stricter rules under this statute.
Even worse, § 6108 automatically elevated the grading of § 6106, which prohibits carrying a concealed firearm without a license, from a misdemeanor to a felony. That means that because of § 6108 Philadelphians were unfairly charged with felonies while people outside of Philadelphia would only be charged with misdemeanors.
Why This Matters
- Many people have faced gun charges simply for openly possessing a firearm in public without allegations of violence or any criminal use.
- This ruling could lead to the dismissal or overturning of past convictions under § 6108.
- Prosecutors can no longer rely on this statute to charge otherwise law-abiding citizens.
- If you are charged with carrying a firearm without a license, that charge does not automatically become a felony simply because it occurred in Philadelphia.
What Comes Next
It’s likely that the Commonwealth will appeal this decision to the Pennsylvania Supreme Court. But as it stands now, § 6108 cannot be enforced. If you or someone you know is facing or has faced charges under this statute, you should speak with a defense attorney immediately to understand your rights and potential avenues for relief.
Our Commitment to Constitutional Defense
At Jerrehian Law, we fight unconstitutional charges head-on. We take pride in filing thoughtful, aggressive motions that preserve key legal issues for higher courts to decide. This case is evidence that early, principled advocacy makes a difference.
If you have been charged under § 6108 or have questions about how this ruling might affect your case, call today at (267) 217-2163 or email info@jerrehianlaw.com for a free consultation.