Defending A Sensible State Law for Gun Safety

Ceasefire-PA Education Fund, represented by the Public Interest Law Center, filed an amicus brief in February 2026 in support of a state law that requires individuals to have a license to openly carry a firearm.

The defendant in this case was caught carrying a firearm in Kensington without a permit, and he argues that the state law requiring a license for public carry in Philadelphia violates the equal protection guarantees of both the federal and state constitutions. A Superior Court panel upheld his conviction, but a different panel in a different case found the statute unconstitutional. The Pennsylvania Supreme Court is now reviewing whether the licensing requirement unconstitutionally discriminates against people in Philadelphia.

In the brief, we underscore that the permit requirement in Philadelphia reflects both a long history of city-specific regulation and the practical realities of governing a densely populated urban center.

Pennsylvania has a long history of treating Philadelphia differently from other municipalities, especially in firearm regulation. In 1721, the General Assembly criminalized firing a gun in the city without a special license from the governor. In 1850, it restricted concealed carry. Many other state laws, including the 2019 “Purple Paint Law,” speed enforcement on Roosevelt Boulevard, and licensed pool room regulations, similarly single out Philadelphia and other large cities and counties for distinct legal treatment.

Philadelphia, as the most populous city in the commonwealth and a frequent host of large events that draw sizeable crowds, has a heightened need for protecting safety to encourage community participation. Our brief highlights research that has demonstrated that the presence of firearms makes people less likely to visit public spaces or engage in civic life, such as visiting parks, and disproportionately deters women from voting in person. Unlike Pennsylvania’s rural communities, where the population is more dispersed, Philadelphia must account for how the presence of firearms impacts crowded, shared public spaces.

The Public Interest Law Center is committed to advocating for sensible gun laws that make Pennsylvania safer for everyone.

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