Feds sue San José claiming ‘exorbitant’ concealed carry license fees

The government says the fees, which exceed $1,500, prevent the average citizen from exercising their constitutional right to keep and bear arms.SAN JOSÉ, Calif. — The U.S. Department of Justice sued the city of San José and its police department Wednesday over what it says are abusive concealed carry licensing fees that violate the Second Amendment.The lawsuit, filed in the Northern District of California, accuses San José of setting “exorbitant” fees that make it “impractical for middle-class citizens and impossible for low-income citizens to exercise their Second Amendment rights.”In June, the San José City Council increased the licensing fee to carry concealed weapons to $1,591, with 20%, or $318, due when filing the initial application. The remainder of the balance, $1,273, is due when the license is issued.“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,” Assistant Attorney General Harmeet K. Dhillon said in a press release. “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.”In California, qualified gun owners who meet the state’s basic requirements for public carry — including being at least 21 years old, completing an approved training course and not being a “disqualified person,” such as a felon or subject to a protective order — may apply to their city’s police department or county sheriff for a concealed carry license.State law requires applicants to pay application and processing fees, yet fees are capped beyond the general cost of processing the application, according to the government.The government claims San José’s licensing fees go beyond the reasonable cost of an application and make it “impossible for anyone but the wealthiest among us to exercise their constitutional rights.”In comparison, the feds refer to several neighboring localities that charge much less than San José, including San Francisco, where the fee for a concealed carry permit is $144; Berkeley, which charges individuals $255 to apply and $325 once approved; and Santa Clara, where it costs $488 to apply and $488 once approved.“San José is a national outlier when it comes to burdening the exercise of fundamental rights,” the government says in its lawsuit.In a Sept. 15 letter to Dhillon, San José City Attorney Susana Alcala Wood contested the government claims, stating the city’s concealed carry permit fee is a “full cost recovery,” which comprises more than $1,200 worth of staff time, at 6.5 hours per application, and nearly $350 of indirect overhead costs.“Every dollar of the fee is tied to a specific, auditable cost of doing this work, and the calculation is reviewed annually for accuracy and adjusted as required,” Wood said.Wood added the fee meets state requirements in that it equals the reasonable cost of processing the application, issuing and enforcing the license.“The city’s fee does exactly that, no more,” she said.“The city remains committed to lawfully implementing California’s shall-issue licensing framework and to ensuring that responsible, law-abiding residents can exercise their Second Amendment rights," Wood continued. “We do not believe the facts support a finding that San José’s fee structure, properly understood, denies that right to ordinary citizens.”The government additionally challenges the San José Police Department’s requirement that concealed carry license applicants undergo psychological testing, paid by the applicant, to determine if there are any psychological problems that may disqualify them from carrying a firearm.The feds say applicants have no way to determine how much testing will cost them and are subject to whatever price an “authorized psychologist” charges.“Astoundingly, defendants condition the exercise of citizens’ constitutional rights on their ability and willingness to pay a fee to a mental health worker who is under no obligation to either perform the test or charge a reasonable fee,” the government says in the lawsuit.The government asks seeks an injunction prohibiting the city and its police department from charging “abusive licensing fees” and ordering them to correct the conduct that deprives people of their constitutional rights.A representative for the San José Police Department declined to comment.Subscribe to our free newslettersOur weekly newsletter Closing Arguments offers the latest about ongoing trials, major litigation and rulings in courthouses around the U.S. and the world, while the monthly Under the Lights dishes the legal dirt from Hollywood, sports, Big Tech and the arts.Additional Reads