Com. v. Purdie, Y.

CourtSuperior Court of Pennsylvania
DecidedDecember 15, 2025
Docket2651 EDA 2024
StatusUnpublished

This text of Com. v. Purdie, Y. (Com. v. Purdie, Y.) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Com. v. Purdie, Y., (Pa. Ct. App. 2025).

Opinion

J-A27016-25

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37

COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF : PENNSYLVANIA : v. : : : YOUSEF PURDIE : : Appellant : No. 2651 EDA 2024

Appeal from the Judgment of Sentence Entered August 29, 2024 In the Court of Common Pleas of Philadelphia County Criminal Division at No(s): CP-51-CR-0002343-2023

BEFORE: BOWES, J., MURRAY, J., and BECK, J.

MEMORANDUM BY MURRAY, J.: FILED DECEMBER 15, 2025

Yousef Purdie (Appellant) appeals from the judgment of sentence

imposed after a jury convicted him of one count of persons not to possess

firearms.1 We affirm.

On March 12, 2023, John Mosley (Mr. Mosley) was sitting in his van in

the parking lot of a Philadelphia laundromat, waiting for a car to vacate a

parking space near the building. N.T., 3/12/24, at 5-7. When the car left the

space, Mr. Mosley moved his van into the space. Id. at 8. At the same time,

Appellant backed his vehicle toward the same space. Id. Appellant exited his

vehicle, approached Mr. Mosley, and asked him to move out of the space. Id.

Mr. Mosley refused. Id. Appellant then reached into his coat pocket and

____________________________________________

1 18 Pa.C.S.A. § 6105(a)(1). J-A27016-25

showed Mr. Mosley a green handgun with a black magazine. Id. at 8-11. Mr.

Mosley became concerned and started his engine, but Appellant said “never

mind” and walked away. Id. at 8-9. Shortly thereafter, Mr. Mosley called the

police. Id. at 12. Upon arriving at the laundromat, police questioned

Appellant and Katrina Sloan (Ms. Sloan), the mother of Appellant’s children,

who was a passenger in Appellant’s vehicle at the time of the incident. Id. at

45-50. Police recovered a green handgun from Ms. Sloan’s purse. Id. The

gun was registered to Ms. Sloan, who had a valid concealed carry permit. Id.

at 58-59.

Appellant, however, was prohibited from possessing a firearm as a result

of a 2011 conviction for possession with intent to deliver a controlled

substance (PWID).2 Id. at 55 (parties’ trial stipulation that on May 17, 2011,

Appellant “was convicted and sentenced for [PWID] as a felony[,] making him

ineligible to possess a firearm under [section 6105].”)

The Commonwealth subsequently charged Appellant with persons not

to possess, as well as the additional charges of carrying a firearm without a

license, carrying a firearm on public streets in Philadelphia, possession of an

instrument of crime, and simple assault. 3 Before trial, the Commonwealth

nolle prossed the additional charges. The matter proceeded to a jury trial on

2 35 P.S. § 780-113(a)(30).

3 18 Pa.C.S.A. §§ 6016, 6108, 907, 2701.

-2- J-A27016-25

the sole charge of persons not to possess. On March 13, 2024, the jury found

Appellant guilty. On August 29, 2024, the trial court imposed a sentence of

four to eight years’ imprisonment.

Appellant filed a timely post-sentence motion, as well as a “Motion to

Vacate Conviction and Sentence and Arrest Judgment.” In the motion to

vacate, Appellant argued section 6105 was unconstitutional, both facially and

as applied to Appellant, under the Second and Fourteenth Amendments of the

United States Constitution. Motion to Vacate, 9/9/24, ¶ 1. Relying on New

York State Rifle & Pistol Assoc. v. Bruen, 597 U.S. 1 (2022), Appellant

argued section 6105 “cannot survive constitutional scrutiny because [the

Commonwealth] cannot sustain its constitutional burden to ‘affirmatively

prove’ that this firearm regulation[,] facially and/or as applied[,] ‘is part of the

historical tradition that delimits the outer bounds of the right to keep and bear

arms.’” Id. ¶ 5 (quoting Bruen, 597 U.S. at 19). Appellant maintained that

“a conviction for PWID does not establish that the individual is dangerous. It

is a not a crime of violence, nor does it involve the individual threatening

violence.” Id. ¶ 6.

On September 16, 2024, the trial court entered orders denying

Appellant’s post-sentence motion and motion to vacate. Appellant timely

appealed. Appellant and the trial court have complied with Pa.R.A.P. 1925.

Appellant presents a single issue for our review:

Was [Appellant’s] conviction under 18 Pa.C.S.A. § 6105(a)(1) in violation of his Second Amendment right to bear arms, because

-3- J-A27016-25

the prior conviction that prohibited him from possessing a firearm under the statute, a conviction for [PWID], does not establish that he presents a threat to the physical safety of others, and therefore § 6105, as applied to [Appellant], is not consistent with this Nation’s historical tradition of firearm regulation?

Appellant’s Brief at 1.4

The constitutionality of a statute “is a question of law for which our

standard of review is de novo and our scope of review is plenary.”

Commonwealth v. Farmer, 329 A.3d 449, 451 (Pa. Super. 2024), appeal

granted, 343 A.3d 180 (Pa. 2025) (citation omitted). “In an as[-]applied

challenge, the court determines whether a law with some permissible

applications is unconstitutional as applied to Appellant’s actions in this case.”

Id. (citation omitted). “[T]he laws of our General Assembly are presumed to

be constitutional, and … one who challenges a law’s constitutionality bears a

heavy burden to demonstrate that the law ‘clearly, palpably, and plainly

violates the constitution.’” Id. at 455 n.5 (quoting Commonwealth v. Eid,

249 A.3d 1030, 1041 (Pa. 2021)).

The Second Amendment provides: “A well regulated Militia, being

necessary to the security of a free State, the right of the people to keep and

bear Arms, shall not be infringed.” U.S. CONST. amend II. In D.C. v. Heller,

554 U.S. 570 (2008), the United States Supreme Court held that the Second

Amendment “guarantee[s] the individual right to possess and carry weapons”

4 We observe that, on appeal, Appellant advances only an as-applied challenge, and not a facial challenge.

-4- J-A27016-25

for self-defense, unconnected to militia service. Id. at 592. The Heller Court

struck down a District of Columbia law that “totally ban[ned] handgun

possession in the home” and “require[d] that any lawful firearm in the home

be disassembled or bound by a trigger lock at all times, rendering it

inoperable.” Id. at 628. Significantly, Heller recognized that

the right secured by the Second Amendment is not unlimited. From Blackstone5 through the 19th-century cases, commentators and courts routinely explained that the right was not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose. … Although we do not undertake an exhaustive historical analysis today of the full scope of the Second Amendment, nothing in our opinion should be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms.

Id. at 626-27 (emphasis and footnote added).

In McDonald v. City of Chicago, 561 U.S. 742 (2010), the Supreme

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