The Justice Department filed a lawsuit Wednesday against San Jose, California, and its police department, challenging the city's $1,591 concealed carry permit fee as an unconstitutional barrier to Second Amendment rights.
Assistant Attorney General Harmeet Dhillon announced the suit, arguing the right to bear arms cannot be priced out of reach. The fee exceeds the average cost of many firearms and far surpasses charges in other major cities: Washington charges $75, New York $340 for a three-year license, San Francisco $144, and Berkeley $255 plus an additional $325 upon approval.
San Jose raised the fee to $1,591 in June, a nearly $300 increase from the rate set two years earlier. Applicants pay $318 upfront, with $1,273 due upon license issuance, plus additional costs for psychological testing.
San Jose City Attorney Susana Alcala Wood defended the fee in a response to Dhillon, saying it reflects actual city expenses. Processing each application requires just under seven hours of staff time, costing $1,243.52, plus $347.55 in indirect overhead. She noted the city had reduced required processing time from eight hours, arguing that a city trying to block constitutional rights would not make its own process more efficient.
The dispute centers on the Supreme Court's 2022 *Bruen* decision, which struck down New York's requirement that applicants demonstrate special need to carry a handgun in public. The ruling opened the door to challenges of licensing systems with excessive fees or lengthy delays that prevent citizens from exercising Second Amendment rights.
Wood argued the court's warning about fees does not invalidate San Jose's charges, which she said are supported by time-and-cost analysis. The Justice Department's complaint contends the fee lacks historical precedent and is unreasonable.
