The Justice Department filed suit against San Jose and its police department over a concealed-carry permit application fee approaching $1,600, calling the charge an unconstitutional burden on the right to carry a firearm.
The department said the fee is substantially higher than permit charges in several other large U.S. cities. The complaint relies on Supreme Court language warning that governments may not use exorbitant fees to effectively deny constitutional rights.
The filing represents the federal government's legal position; the claims will be tested in court, where San Jose can contest the Justice Department's interpretation and defend its fee structure.