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

The Justice Department sued San José on Wednesday, alleging its $1,591 concealed carry licensing fee violates the Second Amendment by pricing out middle- and low-income residents. The city raised the fee in June, with $318 due at application and $1,273 due upon issuance.

Assistant Attorney General Harmeet Dhillon called the fee 'illogical,' noting it exceeds the cost of many firearms, and the lawsuit points to far lower fees in San Francisco ($144), Berkeley ($255/$325) and Santa Clara ($488/$488) as evidence San José is an outlier. The suit also challenges the city's requirement that applicants pay out of pocket for psychological testing at whatever rate an approved psychologist charges.

San José's city attorney, Susana Alcala Wood, countered that the fee reflects 'full cost recovery' — over $1,200 in staff time at 6.5 hours per application plus roughly $350 in overhead — reviewed annually and adjusted as required. She maintains the fee complies with state law requiring costs be reasonable, and the city intends to keep implementing California's licensing framework as written.

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