Open carry is generally legal outside Philadelphia for any non-prohibited person who is old enough to lawfully possess the firearm. No license is required...
Reviewed by Will Luker, Founder of CCW Hub. USCCA Training Counselor, USCCA Certified Instructor, NRA Certified Instructor, Law Enforcement.
Open carry is generally legal outside Philadelphia for any non-prohibited person who is old enough to lawfully possess the firearm. No license is required to carry openly on foot outside Philadelphia. Philadelphia is the exception under 18 Pa.C.S. 6108: in a city of the first class (currently only Philadelphia), a License to Carry Firearms (LTCF) is required to carry on public streets or public property, whether openly or concealed. A 2025 Superior Court decision has unsettled the Philadelphia rule on an as-applied basis, discussed below.
Open carry is legal in Pennsylvania not because a statute affirmatively grants it, but because the Crimes Code does not prohibit it. The statutes that regulate carry, 18 Pa.C.S. 6106 and 18 Pa.C.S. 6108, target specific conduct: a firearm in a vehicle, a firearm concealed on the person, or any carry on public streets or public property in Philadelphia. They leave open, off-body carry of a holstered handgun outside Philadelphia unregulated for non-prohibited adults. Under 18 Pa.C.S. 6109, the LTCF is a license to carry "concealed on or about one's person or in a vehicle." Outside those situations, an unlicensed adult may carry openly under state law.
The right to bear arms in Pennsylvania is independently grounded in PA Const. Art. I Section 21: "The right of the citizens to bear arms in defence of themselves and the State shall not be questioned."
Open carry in Pennsylvania does not require a state license. The test is whether you can lawfully possess the firearm and whether you meet the minimum age. There is no provisional permit, no state-issued open-carry endorsement, and no state training requirement.
The practical minimum age for open carry of a firearm in Pennsylvania is 18 for any person who can lawfully possess that firearm. The age threshold for an LTCF is 21 under 18 Pa.C.S. 6109(b), but the LTCF is a concealed-carry and vehicle-carry license, not an open-carry license. An 18 to 20 year old who lawfully owns a long gun may openly carry it where state law does not prohibit firearms.
Handgun open carry by 18 to 20 year olds is more delicate because of the acquisition rules. Federal law bars a licensed dealer from selling a handgun (any firearm other than a shotgun or rifle) to a person under 21 under 18 U.S.C. 922(b)(1). Possession of a handgun lawfully acquired by private transfer, gift, or inheritance by a non-prohibited 18 to 20 year old is generally lawful, and open carry of that handgun outside Philadelphia is not prohibited by state law. Confirm the federal acquisition path for any handgun before relying on this for an under-21 student.
Federal and state firearm prohibitions apply with full force. You may not lawfully possess a firearm (and therefore may not openly carry one) if you are disqualified under 18 Pa.C.S. 6105, or if you fall within a federal prohibited category under 18 U.S.C. 922(g): a convicted felon, a person with a qualifying domestic violence conviction or subject to a qualifying protective order, an unlawful user of a controlled substance, a person adjudicated mentally defective or involuntarily committed, a person dishonorably discharged, an illegal alien, a fugitive from justice, or a person who has renounced U.S. citizenship. Being under indictment is a separate federal disability under 18 U.S.C. 922(n), not 922(g).
Pennsylvania has no residency requirement for open carry on foot. A non-resident who is old enough, can lawfully possess the firearm under federal law, and is not subject to a Pennsylvania firearm disability may openly carry under the same rules as a resident, subject to the Philadelphia caveat under 18 Pa.C.S. 6108.
Pennsylvania does not statutorily define "concealed." 18 Pa.C.S. 6106 criminalizes carrying a firearm "concealed on or about his person" without an LTCF, except in the person's place of abode or fixed place of business. Pennsylvania courts apply an ordinary-observer test: a firearm is concealed if it is not readily observable to a casual observer in normal public interaction. A handgun in a holster outside your clothing is open carry. A handgun in an inside-the-waistband holster covered by a shirt or jacket, or in a closed bag, backpack, or purse carried on your person, is concealed.
If you do not hold an LTCF, holster and clothing choice both matter. An external belt holster with a contrasting cover garment is the safest combination. Avoid inside-the-waistband holsters and tucked shirts. Even a closed jacket on a windy day can support a 6106 prosecution. If you hold an LTCF, the line is less critical for 6106 liability because you are exempt from both the concealed-carry and vehicle-carry prohibitions, but it still matters in Philadelphia where 6108 applies regardless of method.
Philadelphia is governed by a statewide statute, not a local ordinance. 18 Pa.C.S. 6108 provides:
"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)."
Philadelphia is currently the only city of the first class in Pennsylvania (the classification is set by population). Inside Philadelphia city limits, an unlicensed person may not carry a firearm on the public streets or on any public property, whether openly or concealed. This applies on foot, in a public park, on a sidewalk, on public transit property, and anywhere else that qualifies as public street or public property within the city. Private property is not covered by 6108, and the place-of-abode and fixed-place-of-business framing of 6106 still distinguishes private settings.
To carry openly or concealed on Philadelphia public streets or public property, you must either hold an LTCF under 6109 or fall within one of the 6106(b) exceptions. 6108 does not state its own grade. Under 18 Pa.C.S. 6119, an offense under this subchapter is a misdemeanor of the first degree unless otherwise specifically provided, so a 6108 violation is a misdemeanor of the first degree.
The official statutory annotation to 18 Pa.C.S. 6108 records that the section 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). An as-applied ruling means the statute is unconstitutional in the specific factual circumstances of that case. It does not facially strike 6108 from the books, and the statute continues to be enforced against persons not protected by the Sumpter holding.
For an instructor or student, the practical bottom line is unchanged in the short term: treat the Philadelphia LTCF requirement as an active rule until the Pennsylvania Supreme Court resolves the issue or the General Assembly amends 6108. A person carrying without an LTCF on Philadelphia public streets remains at meaningful risk of arrest and prosecution. Sumpter may provide a defense, but raising it requires litigation, not a sign at the city line. Confirm the current status before relying on a recent court decision.
There is no way to "open carry" a firearm in a vehicle in Pennsylvania without an LTCF. 18 Pa.C.S. 6106(a)(1) makes it a felony of the third degree for any person to carry "a firearm in any vehicle" without a valid and lawfully issued license. This applies whether the firearm is concealed or in plain view. Merely placing a holstered handgun on the passenger seat does not save you under 6106. Under 18 Pa.C.S. 6106(a)(2), the offense is reduced to a misdemeanor of the first degree for a person who is otherwise eligible to possess a valid license and has not committed any other criminal violation.
A person without an LTCF may transport a firearm in a vehicle only if one of the 6106(b) exceptions applies. The most relevant for everyday gun owners are:
"Secure wrapper" in 6106(b)(8) is not statutorily defined. The conservative reading is a closed gun case or factory box. The firearm must be unloaded. A loose holster with a snapped retention strap is not a secure wrapper.
For long guns, 18 Pa.C.S. 6106.1 prohibits carrying a loaded pistol, revolver, shotgun, or rifle (other than a firearm as defined in 6102) in any vehicle, except as permitted by Title 34 (game) or for the narrow categories of persons exempt under 6106(b)(1), (2), (5), or (6). The penalty is a summary offense. An unloaded rifle or shotgun on the back seat is not a 6106.1 violation.
Under 6106(b)(8):
For LTCF holders, none of this is required.
The prohibitions below apply in addition to the Philadelphia rule under 6108.
Federal law prohibits firearm possession in a federal facility under 18 U.S.C. 930. Possession in a federal facility is punishable by up to one year, possession in a federal court facility by up to two years, and possession with intent that the firearm be used in a crime by up to five years. The 930(d) exceptions cover lawful carrying incident to hunting or other lawful purposes, but 930 does not contain an exception for a state-issued carry license. This reaches federal office buildings, VA medical facilities, and similar federally owned or leased buildings where federal employees perform their duties. U.S. Post Office buildings and grounds are restricted by Postal Service regulation.
Carrying a concealed, accessible weapon onto an aircraft, or placing a loaded firearm in baggage accessible to passengers in flight, is a federal offense under 49 U.S.C. 46505. Firearms in checked baggage must be unloaded and declared to the air carrier.
The Gun-Free School Zones Act, 18 U.S.C. 922(q), makes it a federal offense to knowingly possess a firearm in a school zone (generally within 1,000 feet of K-12 school property). There is an exception under 922(q)(2)(B) for a person licensed to carry by the state in which the school zone is located, where the state verifies the licensee's qualifications before issuing. Pennsylvania's LTCF qualifies. This is one of the largest practical advantages of holding an LTCF: an unlicensed person with a firearm in the car who passes through a 1,000-foot school zone can violate federal law, while an LTCF holder is covered by the exception.
Pennsylvania law identifies specific premises where firearm possession is prohibited regardless of carry method:
Pennsylvania has no general statute prohibiting firearm possession at colleges and universities. Most public universities restrict firearms by institutional policy, which carries administrative and trespass consequences but is not a Crimes Code offense for an LTCF holder absent a posting.
18 Pa.C.S. 6107 prohibits carrying a firearm "upon the public streets or upon any public property" during an emergency proclaimed by a state or municipal governmental executive, unless the person is actively engaged in defense of life or property, is licensed under 6109, or is exempt from licensing under 6106(b). During a declared emergency, an unlicensed open carrier on public streets falls within 6107. 6107 does not state its own grade, so under 6119 it is a misdemeanor of the first degree.
A private property owner may prohibit firearms on the premises, with or without signage. Pennsylvania has no statute that converts a "no guns" posting into a standalone criminal offense. Refusal to leave after being asked supports a charge of defiant trespass under 18 Pa.C.S. 3503(b), which is generally a misdemeanor of the third degree when the person defies a personal order to leave and otherwise a summary offense. Liquor establishments are not categorically off-limits in Pennsylvania for either open or concealed carry. A bar or restaurant may post against firearms. If it does not, an LTCF holder or an unlicensed open carrier outside Philadelphia may lawfully carry.
18 Pa.C.S. 6120 limits the regulation of firearms by political subdivisions:
"No county, municipality or township may in any manner regulate the lawful ownership, possession, transfer or transportation of firearms, ammunition or ammunition components when carried or transported for purposes not prohibited by the laws of this Commonwealth."
This bars cities, boroughs, townships, and counties from imposing local registration, local carry permits, local open-carry bans, and local restrictions on firearm transportation. Subsections (a.2) and (a.3), which would have authorized civil relief and recovery of reasonable expenses against municipalities, are marked unconstitutional in the current statute, consistent with Leach v. Commonwealth, 141 A.3d 426 (Pa. 2016), which struck the 2014 amendment that added them on single-subject grounds. The general preemption rule in subsection (a) remains in force.
Two nuances. First, 6108 (the Philadelphia rule) is itself a state statute enacted by the General Assembly, not a local ordinance, so 6120 does not strike it down. Second, several municipalities have enacted local firearm ordinances that conflict with 6120, and most have been struck down or remain in litigation. 6120 remains in force, and municipal open-carry bans are unenforceable.
There is no Pennsylvania statute requiring an open carrier to inform a peace officer that they are armed. Under 18 Pa.C.S. 6122, an LTCF holder who is carrying a firearm concealed on or about the person or in a vehicle must, upon lawful demand of a law enforcement officer, produce the license for inspection. Failure to produce it at the time of arrest or at the preliminary hearing creates a rebuttable presumption of nonlicensure. Section 6122(b) imposes a parallel duty on a person claiming a 6106(b) exception to produce satisfactory evidence of qualification.
If you are stopped while openly carrying, keep your hands visible, calmly tell the officer the firearm is in a holster on your hip, and do not move toward it without instruction. The mere fact of open carry, standing alone, is not reasonable suspicion of a crime outside Philadelphia. Open carry inside Philadelphia is different: carrying without an LTCF on public streets or public property is itself a 6108 violation. If you are an LTCF holder, carry the license on your person whenever you are armed.
Open carry is available at 18 for a person who can lawfully possess the firearm (subject to federal handgun-acquisition rules), requires no license or training, and supports a faster draw from an external holster. An LTCF requires age 21 plus a 6109 application, but it covers concealed carry and vehicle carry throughout the Commonwealth (including Philadelphia), exempts the holder from the federal Gun-Free School Zones Act, supports reciprocity recognition in other states through Attorney General agreements under 6109(k), and exempts the holder from the 6107 emergency-carry restriction.
Most Pennsylvania instructors recommend concealed carry under an LTCF as the default for everyday carry, with open carry reserved for hunting, ranch work, and range trips. For an 18 to 20 year old, open carry of a long gun is the only no-license option.
Open carry by itself is not a Pennsylvania offense. Criminal exposure starts when one of the underlying prohibitions is violated.
| Conduct | Statute | Grade |
|---|---|---|
| Concealed carry or vehicle carry without LTCF (otherwise eligible, no other violation) | 18 Pa.C.S. 6106(a)(2) | Misdemeanor of the first degree |
| Concealed carry or vehicle carry without LTCF (general rule) | 18 Pa.C.S. 6106(a)(1) | Felony of the third degree |
| Loaded long gun in a vehicle | 18 Pa.C.S. 6106.1 | Summary offense |
| Carry on Philadelphia public streets or public property without LTCF | 18 Pa.C.S. 6108 (graded via 6119) | Misdemeanor of the first degree |
| Carry on public streets during a declared emergency without exemption | 18 Pa.C.S. 6107 (graded via 6119) | Misdemeanor of the first degree |
| Possession of a firearm in a court facility | 18 Pa.C.S. 913(b)(1) | Misdemeanor of the third degree (summary if a licensee or 6106(b) holder fails to check; M1 with intent to use in a crime) |
| Possession of a weapon on K-12 school property | 18 Pa.C.S. 912 | Misdemeanor of the first degree |
| Introducing a firearm into a detention or correctional facility | 18 Pa.C.S. 5122 | Misdemeanor of the first degree |
| Possession by a prohibited person | 18 Pa.C.S. 6105 | Felony of the second degree (felony of the first degree in aggravated cases) |
| Possession in a federal facility | 18 U.S.C. 930 | Up to 1 year (2 years in a federal court facility; 5 years with criminal intent) |
| Possession in a Gun-Free School Zone without a qualifying state license | 18 U.S.C. 922(q) | Federal offense |
A misdemeanor of the first degree is punishable by up to five years in prison and a fine of up to $10,000. A felony of the third degree is punishable by up to seven years and a fine of up to $15,000.
Can a private store ban open carry without a sign? Yes. The owner or agent can ask you to leave. Refusing supports a defiant trespass charge under 18 Pa.C.S. 3503(b).
Can I open carry a long gun? Yes, outside Philadelphia, if you are old enough to possess it and not a prohibited person. Inside Philadelphia, 6108 still applies and an LTCF is required.
Is there a duty to inform a peace officer in Pennsylvania? There is no general statutory duty to inform. An LTCF holder carrying concealed or in a vehicle must produce the license on lawful demand under 6122.
Can a city require a permit just for open carry? No. 6120 preempts local permit requirements for carrying firearms.
Is open carry legal in Philadelphia after Commonwealth v. Sumpter? Treat 6108 as still in force. Sumpter is an as-applied ruling, not a facial invalidation. Confirm the current status before relying on it.
Can I openly carry a holstered handgun in my vehicle? Not without an LTCF. 6106 prohibits carrying any firearm in a vehicle without an LTCF or a 6106(b) exception.
| Statute | Subject |
|---|---|
| 18 Pa.C.S. 6105 | Persons not to possess firearms |
| 18 Pa.C.S. 6106 | Firearms not to be carried without a license; vehicle and concealed carry prohibition; exceptions |
| 18 Pa.C.S. 6106.1 | Carrying loaded weapons other than firearms in a vehicle |
| 18 Pa.C.S. 6107 | Prohibited conduct during emergency |
| 18 Pa.C.S. 6108 | Carrying firearms on public streets or public property in Philadelphia |
| 18 Pa.C.S. 6109 | Licenses to carry firearms (LTCF) |
| 18 Pa.C.S. 6119 | Violation penalty (subchapter default grade) |
| 18 Pa.C.S. 6120 | Limitation on the regulation of firearms and ammunition |
| 18 Pa.C.S. 6122 | Proof of license and exception |
| 18 Pa.C.S. 912 | Possession of weapon on school property |
| 18 Pa.C.S. 913 | Possession of firearm or dangerous weapon in court facility |
| 18 Pa.C.S. 5122 | Weapons or implements for escape (detention facilities) |
| 18 Pa.C.S. 3503(b) | Defiant trespasser |
| PA Const. Art. I Section 21 | Right to bear arms |
| 18 U.S.C. 922(g) | Federal prohibited persons |
| 18 U.S.C. 922(q) | Gun-Free School Zones Act |
| 18 U.S.C. 926A | Interstate transportation of firearms |
| 18 U.S.C. 930 | Federal facility firearm prohibition |
| 49 U.S.C. 46505 | Carrying a weapon on an aircraft |
| Commonwealth v. Sumpter, 340 A.3d 977 (Pa. Super. 2025) | 6108 declared unconstitutional as applied |
| Leach v. Commonwealth, 141 A.3d 426 (Pa. 2016) | 2014 amendment to 6120 struck on single-subject grounds |
This page covers one part of our Pennsylvania concealed carry guide.
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