The U.S. Department of Justice (DOJ) filed a lawsuit on September 16 against San Jose, California, and its police department, alleging that the city’s $1,591 concealed carry permit fee violates the Second Amendment by creating an unconstitutional barrier to firearm ownership for self-defense.
The complaint, filed in federal court, argues that the fee—nearly $300 higher than it was three years ago—is abusive and uniquely burdensome compared to other jurisdictions. The DOJ seeks a permanent injunction to block the city from enforcing the fee, which it claims prices out most residents from exercising their constitutional right to bear arms.
San Jose’s fee structure has drawn scrutiny as one of the highest in the nation. The DOJ’s lawsuit highlights that similar permits cost $75 in Washington, D.C., $340 in New York, $100 in Boston, and $20 in Philadelphia. Within California, San Jose’s fee exceeds those in San Francisco, Berkeley, Santa Clara, and Alameda County, according to the complaint.
The DOJ’s legal challenge centers on the argument that exorbitant fees can effectively deny law-abiding citizens their right to public carry, citing a previous Supreme Court ruling. The lawsuit names both the city and the San Jose Police Department as defendants, asserting that officers enforcing the fee are complicit in an unlawful licensing scheme.
Assistant Attorney General Harmeet K. Dhillon stated in a press release that the Second Amendment is not a privilege for the wealthy but a fundamental right. The DOJ contends that San Jose’s fee structure violates constitutional protections by making firearm ownership inaccessible to all but the most affluent residents.
San Jose officials have not yet publicly responded to the lawsuit. The case raises broader questions about local government authority to regulate firearm licensing fees and the balance between public safety and constitutional rights.
The lawsuit follows a pattern of federal challenges to state and local gun laws, reflecting ongoing debates over firearm regulations and Second Amendment interpretations across the country.