DOJ Sues San José Over $1,591 Fee, Claims It Violates Second Amendment Rights
The DOJ sued San José alleging its $1,591 concealed carry license fee violates Second Amendment rights.
Why it matters: This case tests whether local governments can impose high fees that effectively block constitutional gun ownership rights. The ruling could set precedent on limits for government fee structures tied to constitutional protections.
- The DOJ filed the lawsuit on September 16, 2026, against San José and its police department.
- San José charges $1,591 for a concealed carry license, much higher than nearby cities like San Francisco ($144) and Berkeley ($255 plus $325).
- City Attorney Susana Alcala Wood defends the fee as "full cost recovery," covering 6.5+ hours of staff time and $350 in indirect costs per application.
- The DOJ argues the fee is prohibitive and infringes on the constitutional right to bear arms under the Second Amendment.
On September 16, 2026, the U.S. Department of Justice (DOJ) filed suit against the City of San José and its police department, alleging that the city's $1,591 concealed carry license fee violates the Second Amendment. Assistant Attorney General Harmeet K. Dhillon stated the fee poses an unconstitutional barrier by making the right to bear arms inaccessible to many law-abiding citizens.
San José’s license fee far exceeds fees in neighboring municipalities, exposing stark contrasts in local firearms regulations. San Francisco charges $144, Berkeley requires $255 application plus a $325 issuance fee, and Santa Clara imposes $488 at both stages. These figures, according to the DOJ, demonstrate San José’s fee is excessive and acts as an unlawful financial barrier.
San José's City Attorney, Susana Alcala Wood, defends the fee as a "full cost recovery" measure. It accounts for over 6.5 hours of dedicated staff time, charged at roughly $1,200, plus $350 in indirect overhead costs. The fee is recalculated annually to reflect auditable expenditures. This methodology evidences a legally grounded basis rather than a punitive charge.
Applicants also face mandatory psychological evaluations, representing another prerequisite cost beyond the license fee, which the DOJ argues compounds barriers to constitutional rights.
This lawsuit follows a previous DOJ action against the Los Angeles County Sheriff’s Department over concealed carry permit delays. That case, resolved in August 2026, required the county to clear a backlog and improve processing times.
The San José case may clarify the extent to which local governments can leverage fees and requirements without infringing on federally protected Second Amendment rights, potentially influencing national regulatory standards.
By the numbers:
- $1,591 — San José concealed carry license fee
- $144 — San Francisco concealed carry license fee
- 6.5+ hours — Staff time per San José application, costing $1,200+
Yes, but: San José argues its fee merely recoups actual administrative costs based on documented staff time and overhead, a legal approach that may complicate proving unconstitutional intent or effect.
What's next: Litigation timelines and court hearings are expected throughout late 2026 and 2027, with stakeholders watching for rulings that could set new constitutional fee limits for firearms licensing.