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Pennsylvania Consolidated Statutes

18 Pa. Cons. Stat. § 6108 (2026)

 Carrying firearms on public streets or public property in Philadelphia.

✓ current as of May 2026
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§ 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:

(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).

 

2025 Unconstitutionality.  Section 6108 was declared unconstitutional as applied on June 23, 2025, by the Superior Court of Pennsylvania in Commonwealth v. Sumpter, 340 A.3d 977 (Pa. Super. 2025).

Cross References.  Section 6108 is referred to in section 6109 of this title.

Notes of Decisions
Cited in 303 cases (62 in the last 5 years), 1975–2026 · leading case: Commonwealth v. Hicks, M., Aplt., 208 A.3d 916 (Pa. 2019).
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Commonwealth v. Hicks, M., Aplt., 208 A.3d 916 (Pa. 2019). · cites it 8× “See 18 Pa.C.S. § 6108; see generally Ortiz v.”
Commonwealth v. Baldwin, 985 A.2d 830 (Pa. 2009). · cites it 6× “§ 6106, and one count of carrying a firearm on the public streets or property of Philadelphia, 18 Pa.C.S. § 6108. Appellant waived his right to a jury and, on December 19, 2006, was tried by the Honorable Leon Tucker of the Court of Common Pleas of Philadelphia County.”
Commonwealth v. Bavusa, 832 A.2d 1042 (Pa. 2003). · cites it 4× “I am able to join the majority's disposition, however, as I agree that the Commonwealth established at trial beyond a reasonable doubt that Bavusa committed another criminal offense (violation of 18 Pa.C.S. § 6108), thus disqualifying him from misdemeanor treatment.”
Commonwealth v. Karash, 175 A.3d 306 (Pa. Super. Ct. 2017). · cites it 6× “1979), the Supreme Court refused to extend that construction to 18 Pa.C.S. § 6108, which reads: 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…”
Commonwealth v. Natividad, 938 A.2d 310 (Pa. 2007). · cites it 2× “§ 2502(a), carrying a firearm on a public street, 18 Pa.C.S. § 6108, two counts of possession of an instrument of crime, 18 Pa.”
Commonwealth v. DeJesus, 860 A.2d 102 (Pa. 2004). · cites it 2× “[2] 18 Pa.C.S. § 6108. [3] 18 Pa.C.S. § 907. [4] The aggravating circumstances were that appellant had a significant history of felony convictions involving the use or threat of violence to the person, 42 Pa.”
Commonwealth v. Hawkins, 692 A.2d 1068 (Pa. 1997). · cites it 4× “18 Pa.C.S. § 6108. Section 6108 provides as follows: § 6108.”
Commonwealth v. Foster, 17 A.3d 332 (Pa. 2011). · cites it 2× “§ 6106 (carrying a firearm without a license), and 18 Pa. C.S. § 6108 (carrying firearms on the public streets of a first class city).”
Commonwealth v. Foglia, 979 A.2d 357 (Pa. Super. Ct. 2009). · cites it 2× “§ 6106, and carrying a firearm on public property in Philadelphia, 18 Pa.C.S. § 6108. The court ordered a presentence report.”
Commonwealth v. Poindexter, 375 A.2d 384 (Pa. Super. Ct. 1977). · cites it 6× “§ 6106 and 18 Pa.C.S. § 6108 should be treated alike — that since the Commonwealth must prove lack of a license as an element of § 6106, it must also prove lack of a license as an element of § 6108.”
Commonwealth v. McCoy, 962 A.2d 1160 (Pa. 2009). · cites it 2× “[3] 18 Pa.C.S. § 6108. [4] 18 Pa.C.S. § 6105.”
Commonwealth v. Sarvey, 199 A.3d 436 (Pa. Super. Ct. 2018). “§ 6106, did not merge with a conviction for possession of a firearm on public streets of Philadelphia, 18 Pa.C.S. § 6108. Baldwin , 985 A.2d at 834 .”
Show all 303 citing cases →
— 18 Pa. Cons. Stat. § 6108(1) — 5 cases
Commonwealth v. Hicks, M., Aplt., 208 A.3d 916 (Pa. 2019). “See 18 Pa.C.S. § 6108; see generally Ortiz v.”
Com. v. Bagby, B. (Pa. Super. Ct. 2018).
Com. v. Jerkins, S. (Pa. Super. Ct. 2020).
Commonwealth v. Edwards, M., Aplt. (Pa. 2021).
Com. v. Carlton, O. (Pa. Super. Ct. 2026).
— 18 Pa. Cons. Stat. § 6108(1)(2) — 1 case
Commonwealth v. Baldwin, 985 A.2d 830 (Pa. 2009). “§ 6106, and one count of carrying a firearm on the public streets or property of Philadelphia, 18 Pa.C.S. § 6108. Appellant waived his right to a jury and, on December 19, 2006, was tried by the Honorable Leon Tucker of the Court of Common Pleas of Philadelphia County.”
— 18 Pa. Cons. Stat. § 6108(2) — 1 case
Com. v. Anderson, J. (Pa. Super. Ct. 2021).
— 18 Pa. Cons. Stat. § 6108(a) — 2 cases
Com. v. Mann, K. (Pa. Super. Ct. 2016).
Com. v. Lamotta, A. (Pa. Super. Ct. 2024).
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