Full Opinion

J-S09008-26 2026 PA Super 112 COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF : PENNSYLVANIA : v. : : : JAMES CARUSO : : : No. 1216 EDA 2025 Appellant Appeal from the Judgment of Sentence Entered January 23, 2025 In the Court of Common Pleas of Philadelphia County Criminal Division at No(s): CP-51-CR-0002474-2023 BEFORE: MURRAY, J., LANE, J., and STEVENS, P.J.E.* CONCURRING OPINION BY LANE, J.: FILED JUNE 1, 2026 I agree with the Majority’s determination that Commonwealth v. Williams, 341 A.3d 144 (Pa. Super. 2025), appeal granted in part, 352 A.3d 455 (Pa. 2026), is binding on this appeal, and accordingly no relief is due on the issues raised by James Caruso (“Caruso”). Nevertheless, I write separately to share my view, consistent with my dissent in Commonwealth v. Sumpter, 340 A.3d 977 (Pa. Super. 2025),1 that neither New York State Rifle & Pistol Ass'n v. Bruen, 597 U.S. 1, nor United States v. Rahimi, ____________________________________________ * Former Justice specially assigned to the Superior Court. 1 In Sumpter, on March 16, 2026, the Pennsylvania Supreme Court held the Commonwealth’s petition for allowance of appeal pending disposition in Commonwealth v. Livingston, 346 A.3d 750 (Pa. 2025) (granting allowance of appeal). Livingston, in turn, presented the question of “whether 18 Pa.C.S. § 6108 violates the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution and Article I, Sections 1 and 26 of the Pennsylvania Constitution as it relates to persons in Philadelphia.” Id. J-S09008-26 602 U.S. 680 (2024), stands for the proposition that individuals enjoy an unfettered constitutional right to carry firearms without any form of licensing. Accordingly, I concur with the affirmance of Caruso’s judgment of sentence. -2-