By James Williams
Editor-in-Chief, The Uptown Standard

In a move that surprised many on both sides of the political aisle, Pennsylvania’s Democratic-majority Superior Court ruled this week that Philadelphia’s open carry ban is unconstitutional—at least in one pivotal case. The court determined that the city’s law, which prohibits carrying a firearm in public without a license, violates the Equal Protection Clause of the 14th Amendment.

This ruling comes at a tense time for Philadelphia. As of June 24, 2025, the city has recorded 110 homicides—a 12 percent drop from the same time last year. Yet gun violence remains a deeply rooted issue: more than 1,100 people were shot in 2024, and 365 non-fatal shooting victims have already been recorded this year. In May alone, the city saw 30 homicides, nearly triple April’s count.

With the recent history of high gun violence in Philadelphia, this move will definitely trickle down to the neighborhood level—and not in a good way. To some, this ruling signals a step toward constitutional fairness. But to others, this move could turn Philadelphia into the Old Wild West—a place where tensions run high, and everyone assumes the next man is strapped. Or, maybe it sends a message to gun-toting Philly youth that some people out here just aren’t the ones to try to rob.

And once this eventually makes its way down to becoming codified into law or policy, there will undoubtedly be a need to increase funding for gun violence prevention and intervention programs. Legal shifts mean little if they’re not met with real investment in community safety.

The case centered on Riyadh Sumpter, a man convicted for openly carrying a holstered handgun in Philadelphia without a license. Under Pennsylvania law, Section 6108, this is illegal in “cities of the first class”—a designation that applies only to Philadelphia.

If Sumpter had been walking the streets of Allentown, Erie, or even Pittsburgh, he would not have been arrested. But in Philly, he faced jail time. The court ruled that this legal disparity violated the 14th Amendment’s Equal Protection Clause. In plain English: you can’t treat citizens differently just because of where they live—especially when a fundamental right like gun ownership is on the line.

The Superior Court applied strict scrutiny, the highest level of constitutional review. It found that the state failed to justify why Philadelphia needed stricter open-carry rules than any other city or town. The ruling stopped short of invalidating the law across the board, but it set a powerful precedent.

Meanwhile, on the streets, the numbers speak for themselves. Shooting incidents are down citywide compared to 2021’s peak of 562 homicides. Yet weekly gun violence remains volatile—22 people were shot in just one week this June. And the gap between public policy and public safety continues to grow.

This decision doesn’t mean everyone in Philadelphia can now carry a gun openly without consequences. The ruling is limited to Sumpter’s case—for now. But it cracks open a door that gun rights advocates are likely to push wide open in the months ahead.

Expect legal challenges from others arrested under Section 6108. Expect pressure on the state legislature to revisit and revise the law. Expect public outcry from both sides of the gun debate, especially with homicide numbers still fresh in the headlines. And most importantly, expect a renewed call for investment in violence prevention, mental health support, and youth outreach programs.

As someone who has lived and worked in this city through its highs and lows, I understand the urgency to protect our streets. But rights aren’t selective. You can’t apply the Constitution based on where someone lives or what ZIP code they grew up in.

Philadelphia’s gun problem is real—but so is the problem of unequal justice. This ruling reminds us that both can and must be addressed—but not at the expense of the Constitution.

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The Town Crier,  is a Rapid Response news blog that is written by James Williams and created in collaboration with ChatGPT. For research assistance and content editing. The image of the Town Crier was created by ChatGPT.