The Department of Justice filed a lawsuit against the City of San Jose, California, alleging that its nearly $1,600 firearm licensing fee infringes the Second Amendment right to carry firearms for self-defense. The fee has risen by about $300 over three fiscal years to $1,591.
“San Jose is a national outlier when it comes to burdening the exercise of fundamental rights. Its fees are abusive and violate the Second Amendment,” the Department of Justice (DOJ) said in the Sept. 16 lawsuit.
The DOJ asked the court to issue permanent injunctive relief that would prevent defendants from imposing any “abusive licensing fees.” The San Jose Police Department is also a defendant in the case.
“The City’s law enforcement officers are charged with enforcing its abusive licensing scheme and are doing so. Such law enforcement misconduct is unlawful,” the DOJ added.
In Washington, the nation’s capital, a concealed carry license costs $75, while in New York, a handgun license costs $340. In Boston, the nonrenewable processing fee for a license to carry is $100. And in Philadelphia, a new license to carry firearms costs only $20.
Compared with other California locations, such as San Francisco, Berkeley, Santa Clara, and Alameda County, San Jose’s fees are still high, the DOJ said in the complaint.
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