DOJ Sues San Jose Over $1,591 Gun Permit Fee
DOJ Sues San Jose Over $1,591 Gun Permit Fee
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Key Points
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The lawsuit was filed in the U.S. District Court for the Northern District of California and names both the City of San Jose and the San Jose Police Department as defendants. DOJ alleges that officers are enforcing the challenged licensing scheme and characterizes that enforcement as unlawful misconduct.
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San Jose requires applicants to pay 20% of the $1,591 fee—about $318—up front, with the balance due when the license is issued.
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Before filing suit, Assistant Attorney General Harmeet K. Dhillon sent a Sept. 9 letter to San Jose’s mayor, police chief and city attorney offering the city an opportunity to resolve the dispute without litigation.
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The DOJ’s complaint compares San Jose’s fee with additional jurisdictions, noting that Boston charges a $100 nonrenewable processing fee and Philadelphia charges $20 for a new license to carry firearms.
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The Justice Department said people who believe a state or local government has infringed their right to keep or bear arms can submit complaints to its Second Amendment Section, indicating the San Jose case is part of a broader enforcement channel.
The U.S. Department of Justice sued San Jose over its $1,591 concealed-carry permit fee, calling it the highest in the nation and unconstitutional. Heartlander News reports the DOJ alleges the fee blocks ordinary residents—especially low- and middle-income people—from exercising their Second Amendment right to carry firearms for self-defense.
San Jose's city attorney disputes the claim, saying the fee is a lawful full-cost-recovery charge based on documented processing expenses. Washington Examiner notes the DOJ called the fee 'illogical,' and the lawsuit seeks a permanent injunction against what federal officials call abusive licensing charges.
San Jose's Fee Dwarfs Every Other Major City
San Jose's $1,591 permit fee stands alone in scale. Zero Hedge reports comparable cities charge far less: Boston charges $100, Philadelphia charges $20, and nearby San Francisco charges significantly less. New York, Washington, and Chicago also have much lower fees. The San Jose fee has jumped nearly $300 in two and a half years.
Applicants must pay 20 percent upfront—about $318—with the balance due when the license is issued. Rolling Out reports the DOJ claims this pricing structure makes the constitutional right unaffordable for middle- and low-income residents who cannot absorb the cost.
DOJ Points to Psychological Testing as Hidden Cost Barrier
The lawsuit also challenges San Jose's requirement that applicants pay for psychological testing. NBC Bay Area reports the Justice Department argues these mandatory tests add another financial layer, making the right to carry effectively unaffordable. The DOJ cites Supreme Court precedent that exorbitant fees can deny ordinary citizens their constitutional rights.
San Jose Claims Fee Reflects True Processing Costs
San Jose's city attorney defends the fee as a legitimate cost-recovery measure. The city argues that processing each application takes about 6.5 hours of staff time, and the $1,591 reflects documented expenses for that work. The city contends the fee is lawful under state law and does not infringe on constitutional rights.
DOJ's Broader Push on Second Amendment Enforcement
Before filing suit, Assistant Attorney General Harmeet K. Dhillon sent San Jose's mayor, police chief, and city attorney a letter on September 9 offering a chance to settle without litigation. Heartlander News reports the Justice Department said people who believe state or local governments have infringed their right to bear arms can file complaints with its Second Amendment Section, signaling the San Jose case is part of a wider enforcement campaign.
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