DOJ sues San José over concealed-carry permit fees deemed excessive

The Justice Department has taken legal action against the city of San José and its police department, asserting that the municipality’s concealed-carry licensing fees infringe on constitutional gun-ownership rights. Filed in the Northern District of California, the complaint highlights a $1,591 fee structure, with $318 due on application and the balance payable upon issuance, which officials say is prohibitive for many citizens.

The federal government points to substantially lower fees in neighboring jurisdictions—$144 in San Francisco, $255/$325 in Berkeley, and $488 in Santa Clara—as evidence of San José’s outlier status. City Attorney Susana Alcala Wood defends the charge as a full cost-recovery measure covering staff time and overhead, asserting it complies with state law. Additionally, the lawsuit targets the city’s requirement that applicants undergo a paid psychological evaluation, arguing the cost is unpredictable and effectively conditions a constitutional right on ability to pay. The DOJ seeks an injunction to halt the fees and to prevent the psychological testing requirement.