Staff Reports
San José just found out the hard way that the federal government is watching when cities try to turn a constitutional right into a luxury item. The Department of Justice’s Civil Rights Division, led by Assistant Attorney General for Civil Rights Harmeet K. Dhillon, put the city on notice over its sky‑high concealed carry permit fees. This is about more than dollars — it’s about whether ordinary Americans can exercise their Second Amendment rights without emptying their savings account.
DOJ Puts San José on Notice
Assistant Attorney General Harmeet K. Dhillon publicly slammed San José’s CCW fee, saying plainly: “Constitutional rights aren’t for sale. Charging $1,600 to carry a firearm outside the home is unconscionable and unconstitutional. The Civil Rights Division is working hard to protect San Jose’s residents from Second Amendment violations.” That post wasn’t just talk. The Civil Rights Division has sent a formal notice to Mayor Matt Mahan, Chief of Police Paul Joseph, and City Attorney Susana Alcala Wood and signaled it may file a lawsuit under federal civil‑rights laws if the city doesn’t change course.
What San José Is Charging — And Why It’s a Problem
San José’s permit process now includes a local application fee reported at about $1,591, followed by the balance when a permit is issued. Add the California DOJ fee, fingerprint Live Scan costs, training classes, and in some cases psychological exams, and first‑time applicants can pay over $2,000. That stack of fees and requirements turns a constitutional right into a steep price tag. Neighboring jurisdictions charge much less, so this isn’t a case of uniform cost recovery — it looks like price‑gating the right based on where you live.
Why This Matters Legally and Politically
The legal hook is simple: Supreme Court precedent makes the Second Amendment binding on cities and states. Under recent rulings, a permitting system that functions as a practical bar to carrying can be unconstitutional. The DOJ’s move frames San José’s fee as more than bad policy; it’s a potential rights violation. Politically, this puts Mayor Matt Mahan and City Attorney Susana Alcala Wood on the spot. Are they going to defend a policy that looks like a de facto “pay to play” scheme for a basic right, or will they reverse course and avoid federal litigation?
What Happens Next — And Who Wins
The ball is now in San José’s court. The DOJ said it may try to negotiate a settlement, but it’s also ready to file suit if the city doesn’t respond. If the city backs down, residents keep their wallets and their rights. If it doesn’t, taxpayers will foot the bill for legal fights that could have been avoided. Either way, the message is clear: the federal Civil Rights Division under Harmeet K. Dhillon is prepared to defend the Second Amendment against municipal fee schemes that price people out of their rights. San José’s leaders should think hard about which side of history they want to be on — practical governance, or headline fodder for a courtroom drama they’ll likely lose.
