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Federal Firearm Case Update: Justice Department Sues San Jose for Unconstitutional $1600 Firearm Permit Fee

Last reviewed: 2026-09-17Topic: Charges
Quick answer

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.

On September 16, 2026, U.S. Department of Justice published a firearm-related federal enforcement or policy update. Gun Felony reviewed the official release and organized the reported facts below as an original case summary.

Case status: The criminal allegations described here are accusations. A defendant is presumed innocent unless and until proven guilty in court.

What did DOJ or ATF announce?

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.

What firearm or ammunition issue is involved?

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. 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.

What is the current case status?

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. A federal grand jury in the District of Minnesota returned a two-count indictment today charging Mukeshkumar Somabhai Chaudhari, an Indian national, with knowingly making a false claim of United States.

Why this federal gun case matters

Federal firearm prosecutions can turn on the exact charging statute and facts. Common provisions include 18 U.S.C. § 922(g) prohibited-person offenses, § 924(c) firearm use or possession in connection with specified crimes, unlawful dealing or trafficking statutes, and National Firearms Act provisions. A press release is not a substitute for the indictment, plea agreement, judgment, or docket.

What happens next in this type of matter?

The next phase can include an initial appearance or arraignment, discovery, motions, plea discussions and, if the case is not resolved, trial. An indictment or complaint is only an accusation. The government retains the burden of proving every required element beyond a reasonable doubt, and the defendant retains the presumption of innocence throughout the criminal case.

Official record: The original government release is linked in the Sources and legal references section below.

Frequently asked questions

What did DOJ announce in this firearm case or gun-law update?

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.

What firearm or ammunition issue is involved?

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.

Is this case only an allegation, or has there been a plea, conviction, or sentence?

The criminal allegations described here are accusations. A defendant is presumed innocent unless and until proven guilty in court.

What federal laws commonly apply in gun cases?

Depending on the facts, federal cases may involve 18 U.S.C. § 922(g), § 924(c), firearm trafficking or straw-purchase statutes, unlawful dealing provisions, or National Firearms Act offenses. The exact charging document controls.

Where can I read the official DOJ or ATF press release?

Gun Felony links the official government release in the Sources and legal references section of this article.

Sources and legal references