Today, the Justice Department filed suit against the City of San Jose, California, and the San Jose Police Department for charging private individuals unreasonable fees to exercise their Second Amendment right to lawfully carry a firearm. At nearly $1,600 per license, the City’s application fee to carry a firearm is the highest in the nation. Indeed, San Jose’s fee towers over those imposed by the country’s biggest cities. New York, Washington, D.C., Boston, and Chicago all charge a small fraction of San Jose’s fee. The Supreme Court has held that “exorbitant fees” such as San Jose’s violate the Second Amendment because they deny ordinary citizens their right to carry firearms for self-defense.
“All law-abiding Americans have a constitutional right to bear arms for self‑defense. This right is not a luxury reserved for a privileged few, but a fundamental element of our republic,” said Assistant Attorney General Harmeet K. Dhillon. “You don’t need a law degree to recognize that charging a fee several times higher than the cost of the firearm itself is illogical, and an unconstitutional attempt to impede Americans’ Second Amendment rights.”
The Civil Rights Division’s Second Amendment Section enforces the Second Amendment , the Police Pattern or Practice Act ( 34 U.S.C. § 12601 ), and Executive Order 14206 . If you are a current or prospective gun owner and believe that a state or local government has infringed your right to keep or bear arms, please submit a complaint through https://www.justice.gov/crt/second-amendment-section.