DOJ Slams San Jose’s $1,600 Gun Fee

San Jose is charging residents more than $1,600 just to legally carry a gun in public, and the Justice Department says that price tag crosses a constitutional line.

Story Snapshot

San Jose’s initial concealed-carry permit fee totals $1,591, plus a separate $93 state fee.
Assistant Attorney General Harmeet Dhillon sent city leaders a letter warning the fee violates the Second Amendment.
Dhillon says she has authorized a federal lawsuit against the city if the fee stands.
Nearby counties charge far less for the same type of permit, raising questions about fairness.

What San Jose Charges for a Carry Permit

The San Jose Police Department’s own fee schedule lists the initial application for a Permit to Carry Concealed Weapon at $1,591. Applicants pay 20 percent, or $318, when they file, then the remaining $1,273 once the city approves the license. On top of that, residents owe a separate $93 fee to the California Department of Justice.

City policy adds more costs beyond the base application fee. Applicants must submit a nonrefundable check covering half the fee up front to cover processing, and they pay separately for fingerprinting, a psychological exam, and required firearms training. Those vendor charges are not included in the $1,591 total, meaning the real cost of getting a permit runs even higher.

Federal Warning From the Justice Department

Harmeet Dhillon, who leads the Justice Department’s Civil Rights Division, sent a letter to San Jose Mayor Matt Mahan, Police Chief Paul Joseph, and City Attorney Nora Frimann Alcala Wood. The letter reportedly says the city’s “abusive” licensing fee denies ordinary citizens their Second Amendment right to carry a gun in public.

Dhillon’s letter goes further than a warning. She wrote that she has already authorized filing a federal complaint against San Jose in district court if the city does not change course. That step would put the Justice Department directly in a legal fight against a major California city over how much a constitutional right can cost.

How San Jose Compares to Other Jurisdictions

The gap between San Jose’s fee and what other California jurisdictions charge is stark. Calaveras County, for example, charges a total of $193 for an initial concealed-carry permit, which includes the same $93 state fee plus a $100 local charge. San Jose’s local portion alone runs more than fifteen times higher, even before factoring in training and testing costs paid to outside vendors.

Courts have wrestled with this exact question for years. Legal scholars have asked directly whether a licensing fee becomes so expensive that it blocks poorer residents from exercising a right the Constitution guarantees them. Federal appeals courts have generally allowed modest fees tied to actual processing costs, upholding a $340 New York City handgun fee on the reasoning that it covered administrative expenses rather than punishing gun owners.

A Legal Standard Borrowed From Free Speech Cases

Judges reviewing gun-fee disputes often borrow rules first built for First Amendment cases. Under that approach, government can charge fees to cover its own costs but cannot use fees to discourage people from exercising a protected right. Whether San Jose’s fee crosses that line, or simply reflects the true cost of processing applications, is the core question a federal court would now have to answer.

🚨Harmeet Dhillon, Assistant AG for Civil Rights, highlighting the DOJ's letter threatening to sue San Jose for raising its concealed carry permit application fee to nearly $1,600, calling it an unconstitutional burden that prices out ordinary citizens' Second Amendment rights.… https://t.co/FnRvlXMYSM

— Cathrynne Sheena (@CathrynneSheena) September 9, 2026

This dispute lands inside a broader national debate over concealed-carry rules. Some states have moved toward “constitutional carry,” dropping permit requirements altogether, while others keep licensing systems with fees attached. San Jose’s case could become a test of how far a city can go in setting those fees before a federal court steps in and says it went too far.

What Happens Next

San Jose has not publicly responded in detail to Dhillon’s letter, and city officials have not released a public defense of why the $1,591 fee is set at that level. If the Justice Department follows through and files suit, a federal judge will decide whether San Jose’s fee schedule reflects real administrative costs or acts as a barrier that only wealthier residents can clear.