<p>The Justice Department filed a lawsuit against San Jose, California, on September 17, 2026, regarding its concealed carry permit fee of nearly $1,600. The lawsuit alleges that the fee prices ordinary residents out of exercising their Second Amendment rights.</p>
<p>The lawsuit targets the city and its police department, questioning whether the $1,591 fee reflects legitimate administrative costs or serves as an unconstitutional barrier to carrying a firearm for self-defense.</p>
<p>Federal officials characterized San Jose’s fee as the highest in the nation, stating it significantly exceeds similar charges in cities such as New York, Washington, Boston, and Chicago.</p>
<p>Assistant Attorney General Harmeet Dhillon stated, "All law-abiding Americans have a constitutional right to bear arms for self-defense. This right is not a luxury reserved for a privileged few, but a fundamental element of our republic. You don’t need a law degree to recognize that charging a fee several times higher than the cost of the firearm itself is illogical, and an unconstitutional attempt to impede Americans’ Second Amendment rights."</p>
<p>San Jose increased the fee to $1,591 in June, which is nearly $300 above the rate established just over two years earlier. Applicants must pay $318 upfront and the remaining $1,273 when their licenses are issued. Additional costs for psychological testing apply.</p>
<p>The Justice Department contrasted San Jose’s charges with those of San Francisco, which charges $144, and Berkeley, which charges $255 followed by $325 upon approval. Washington charges $75 to apply, while New York charges $340 for a three-year license.</p>
<p>San Jose City Attorney Susana Alcala Wood defended the fee, stating it reflects the city’s actual expenses. She noted that processing an application requires just under seven hours of staff time, totaling $1,243.52, with an additional $347.55 attributed to indirect overhead. Wood mentioned that the city had reduced the required staff time from eight hours.</p>
<p>Wood wrote, "Contrary to your assertions, a department looking to erect barriers to the exercise of a Constitutional right does not go out of its way to make its own process more efficient."</p>
<p>However, the Justice Department argues that the fee lacks historical comparison and is excessive, particularly as it exceeds the average cost of some firearms.</p>
<p>The dispute is partly based on the Supreme Court’s 2022 decision in New York State Rifle & Pistol Association v. Bruen, which invalidated New York’s requirement for applicants to demonstrate a special need to carry a handgun in public. The ruling also allows for challenges to licensing systems with excessive fees or delays that hinder citizens from exercising their rights.</p>
<p>Wood contended that the court’s warning about fees does not invalidate San Jose’s charges due to their support from a time-and-cost analysis.</p>
<p>A gun store owner in San Jose commented on the lawsuit, stating, "Most departments [in the state] charge $500. … Now after everything is said and done, you’re looking at over $2,000 in fees."</p>
<p>The store owner added, "They’re making hand-over-fist with money with this one. And if you start the process today for an application, I’ve heard some people waiting to get approval by the following Christmas."</p>
<p>This case follows another DOJ challenge regarding concealed-carry permitting practices in California, where the Los Angeles County Sheriff’s Department settled a federal lawsuit last month over application delays, agreeing to comply with state processing deadlines.</p>