The Justice Department is warning San Jose that its concealed carry permit fees could trigger a federal lawsuit.
Assistant Attorney General Harmeet Dhillon sent a letter to Mayor Matt Mahan, San Jose Police Chief Paul Joseph and City Attorney Susana Alcala Wood challenging the city’s reported $1,591 application fee for a concealed carry license, according to the source material.
Dhillon argued that the fee may be the highest in the country and far exceeds nearby jurisdictions. The source cites San Francisco’s fee as $144 and says Santa Clara County charges nearly half of San Jose’s amount, while also facing litigation over its own carry permit costs.
DOJ cites constitutional concerns
In a public post dated September 9, 2026, Dhillon wrote, “Constitutional rights aren’t for sale. Charging $1,600 to carry a firearm outside the home is unconscionable and unconstitutional.” She added that the Civil Rights Division was working to protect San Jose residents from alleged Second Amendment violations.
The source states that San Jose’s application fee does not include training, a mandatory psychological evaluation or fingerprinting, which can push the total cost of obtaining a permit above $2,000.
Dhillon’s letter reportedly pointed to Supreme Court language indicating that even “shall issue” permitting systems can raise constitutional problems if they involve needless delays or “exorbitant” fees.
Settlement deadline set
According to the source, Dhillon told San Jose officials to contact the head of the Civil Rights Division’s Second Amendment Section by 5:00 p.m. ET on September 15 if they wanted to pursue a pre-suit settlement.
If the city does not address the issue, the Justice Department is expected to initiate litigation against San Jose and its police department over the fee policy, the source reported.
Part of a broader DOJ push
The source also notes that Dhillon’s Civil Rights Division previously sued the Los Angeles County Sheriff’s Department over delays in processing concealed carry permit applications. That case was reportedly settled after the department began processing applications more promptly.
California law allows licensing authorities to recover what they claim are the actual costs of processing concealed carry permit applications, according to the source. The dispute in San Jose centers on whether the city’s fees amount to permissible cost recovery or an unconstitutional barrier to exercising a right.
