The U.S. Justice Department has sued San Jose and its police department over a $1,591 concealed-carry permit fee, arguing it creates an unconstitutional financial barrier to the right to bear arms. The complaint says the charge is among the nation's highest and places an undue burden on middle- and low-income residents. San Jose maintains the fee is a full cost‑recovery measure — applicants typically pay $318 up front and the remainder only if a license is issued — and says the calculation is reviewed annually. The DOJ asks a federal judge to block the fee and related requirements, including mandatory paid psychological evaluations.
DOJ Sues San Jose, Calling $1,591 Concealed-Carry Fee An Unconstitutional Barrier
(AP)
The U.S. Justice Department has filed a federal lawsuit against the city of San Jose and the San Jose Police Department, challenging the city's $1,591 concealed-carry permit fee as an unlawful financial barrier to the exercise of Second Amendment rights.
What the Lawsuit Says
Filed Wednesday in federal court, the complaint argues the fee is excessive and effectively bars many residents — particularly low- and middle-income people — from lawfully carrying a firearm for self-defense. Under San Jose's published fee schedule, applicants are required to pay a $1,591 fee: $318 (20%) is collected when the application is filed, and the remaining $1,273 is charged only if the license is issued. The city also charges a $25 renewal fee.
'San Jose is a national outlier when it comes to burdening the exercise of fundamental rights,' the Department of Justice wrote in its complaint.
DOJ Position
Assistant Attorney General Harmeet K. Dhillon, who leads the Justice Department's Civil Rights Division, said the Second Amendment protects an individual's right to carry firearms for self-defense and that conditioning that right on the ability to pay is unconstitutional. The DOJ points to the U.S. Supreme Court's 2022 decision in New York State Rifle & Pistol Association v. Bruen, which warned that licensing regimes cannot impose 'exorbitant fees' that effectively deny constitutional rights.
San Jose's Defense
San Jose disputes the federal government's characterization. In a Sept. 15 letter to the DOJ, City Attorney Susana Alcala Wood said the $1,591 charge is a 'full cost‑recovery fee' based on documented processing costs. The city's breakdown attributes $1,243.52 to staff time (an average of 6.5 hours per application) and $347.55 to indirect overhead. Wood also emphasized that applicants typically pay only a $318 deposit up front, with the balance due only upon issuance.
Other Costs And Comparative Fees
San Jose's fee is separate from additional costs applicants may face: state fees imposed by California, a required psychological evaluation (which applicants must obtain and pay for), and mandated concealed-carry training. The DOJ's complaint also challenges those extra requirements, arguing in part that psychological testing costs vary by provider and thus create an unpredictable financial burden for applicants.
The complaint contrasts San Jose's fee with substantially lower fees elsewhere in the Bay Area: San Francisco charges about $144 for a comparable license; Berkeley charges $255 at application and $325 upon approval; and Santa Clara County charges roughly $488 at each stage.
What Happens Next
The DOJ asks a federal judge to block San Jose and its police department from imposing what the department describes as abusive licensing fees. The central legal question is whether the city's fee schedule reasonably reflects the costs of processing, issuing and enforcing concealed‑carry permits under California law and whether the fee violates the Second Amendment as interpreted by the Supreme Court.
Key parties: U.S. Department of Justice (plaintiff); City of San Jose and San Jose Police Department (defendants); San Jose City Attorney Susana Alcala Wood (city's representative).
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