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Justice Department Sues California City Over 'Unconstitutional' $1,600 Gun Permit Fee

The federal lawsuit says San José’s permit costs and psychological testing burden middle-class applicants and block low-income residents from carrying firearms.

  • On Wednesday, the U.S. Department of Justice sued the city of San Jose and the San Jose Police Department, alleging that concealed-carry licensing fees violate the Second Amendment by imposing "abusive" financial barriers on residents.
  • The lawsuit claims San Jose's $1,591 permit fee is the "highest in the nation," arguing such "exorbitant" costs make it effectively impossible for low-income citizens to exercise their Second Amendment rights.
  • While San Jose charges $1,591—with $318 due upfront and $1,273 at issuance—the DOJ noted neighboring cities charge significantly less: $144 in San Francisco, $255 to $325 in Berkeley, and $488 in Santa Clara.
  • San Jose City Attorney Susana Alcala Wood rejected the allegations on Tuesday, maintaining the fee represents "full cost recovery" for 6.5 hours of staff work and complies with California law.
  • Prosecutors also challenged the police department's requirement that applicants pay for psychological testing, while California Rifle and Pistol Association President Chuck Michel welcomed the federal intervention to stop these practices.
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thedailybs.com broke the news on Wednesday, September 16, 2026.
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