US EditionBan on Carrying Firearms Openly in Philadelphia Is Unconstitutional, Pa. Appeals Court Rules. But Judges Stop Short of Repealing the Law
- The Pennsylvania Superior Court ruled that the law requiring open carry permits in Philadelphia is unconstitutional under the Equal Protection Clause of the Fourteenth Amendment.
- Riyadh Sumpter's conviction for open carrying a firearm was vacated, as the law unfairly burdens Philadelphia residents compared to others in Pennsylvania.
- Gun Owners of America celebrated the ruling, urging lawmakers to repeal the discriminatory law entirely for uniformity.
- The court emphasized that the Second Amendment right to bear arms cannot be overridden by claims of public safety without compelling justification.
12 Articles
12 Articles
Pennsylvania Supreme Court Rules Philly Open Carry Ban Charges Unconstitutional
Pennsylvania’s top court has tossed out charges against a 20-year-old man for openly carrying a gun in Philadelphia without a permit. On Monday, the state Supreme Court ruled a state law requiring a permit to carry in the city was unconstitutional as applied to the defendant. It determined the law treated the rights of those inside Philadelphia differently from those inside the city. Source
Second Amendment Roundup: The Facial vs. As-Applied Quagmire
The issue has arisen in recent Second Amendment litigation of whether plaintiffs' challenges to restrictions are cognizable facially or only as-applied. On June 25, the question arose at the Second Circuit's oral argument in Christian v. James, 25-384-cv, an appeal of the district court's upholding of New York's ban on firearms in public parks. Referring to a prior precedent, the district court wrote: "In Antonyuk, the Second Circuit rejected …
Ban on carrying firearms openly in Philadelphia is unconstitutional, Pa. appeals court rules. But judges stop short of repealing the law
PHILADELPHIA — The Pennsylvania Superior Court has ruled that a ban on openly carrying a firearm without a permit in Philadelphia is unconstitutional, but stopped short of repealing the law.
Ban on carrying firearms openly in Philadelphia is unconstitutional, Pa. appeals court rules. But judges stop short of repealing the law.
The Superior Court vacated the sentence of a man convicted of openly carrying a handgun in Philadelphia without a license, finding that the city-specific requirement is unconstitutional.
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