Justice Department Sues San Jose Over $1,591 Firearm Fee

The United States Department of Justice filed a lawsuit on September 16, 2026, against the City of San Jose, California, and the San Jose Police Department, alleging that the city's firearm licensing fee is unconstitutional. The federal government argues that the fee, which has reached $1,591, infringes upon the Second Amendment right to carry firearms for self-defense by making the process impractical for middle-class citizens and impossible for low-income individuals.

Assistant Attorney General Harmeet K. Dhillon characterized the cost as an illogical attempt to impede constitutional rights, noting that the fee is several times higher than the cost of the firearms themselves. To illustrate that San Jose is a national outlier, the DOJ compared the city's costs to those in Philadelphia, which charges $20, and Washington, D.C., which charges $75.

The lawsuit seeks permanent injunctive relief to stop the imposition of what the DOJ describes as abusive licensing fees. The City of San Jose and the San Jose Police Department have not yet provided comments on the litigation.