Case: United States v. San Jose
5:26-cv-10508 | U.S. District Court for the Northern District of California
Filed Date: Sept. 16, 2026
Case Ongoing
Clearinghouse coding complete
Case Summary
This case challenges the City of San Jose's fee increase for concealed carry weapon (CCW) licensing applications as a burden on the Second Amendment.
On September 16, 2026, the United States filed suit against the City of San Jose and the San Jose Police Department (SJPD) in the U.S. District Court for the Northern District of California. The complaint alleged that the defendants increased their CCW licensing application fee from $1,273 to $1,591, far exceeding fees charged by neighboring jurisdictions and other major U.S. cities. The government further claimed that this fee, along with additional requirements such as applicant-funded psychological testing, effectively denied law-abiding citizens their Second Amendment right to bear arms. The government asserted one claim under 34 U.S.C. § 12601(a): that the SJPD's enforcement of the licensing scheme constituted a pattern or practice of conduct violating the Second Amendment. The government, represented by the Deputy Assistant Attorney General and several Department of Justice (DOJ) attorneys, sought a declaratory judgment and injunctive relief to halt the alleged violations and require corrective policies. This case was assigned to Magistrate Judge Susan van Keulen.
On September 29, 2026, the case was reassigned to District Judge Casey Pitts and to Magistrate Judge Virginia K. DeMarchi for discovery.
On that same day, the government amended its complaint, removing SJPD as a defendant and expanding the complaint's factual allegations. Specifically, the amended complaint alleged that required out-of-pocket psychological testing and insurance requirements, in addition to the licensing fees, further abridged individuals' Second Amendment rights.
This case is ongoing.
Summary Authors
Elana Regan (10/29/2026)
People
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/74798613/parties/united-states-v-san-jose/
Silva, Tristan Silva (California)
Stamboulieh, Stephen D. (California)
Todd, Patrick (California)
Gray, Thomas J. (California)
Barvir, Anna Marie (California)
Documents in the Clearinghouse
Resources
Docket
See docket on RECAP: https://www.courtlistener.com/docket/74798613/united-states-v-san-jose/
Last updated Nov. 4, 2026, 3:15 a.m.
Docket for: United States v. San Jose
Case Details
State / Territory:
Case Type(s):
Special Collection(s):
Trump Administration 2.0: Litigation and Investigations By the Government
Key Dates
Filing Date: Sept. 16, 2026
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
United States government
Plaintiff Type(s):
U.S. Dept of Justice plaintiff
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
City
City of San Jose
Defendant Type(s):
Case Details
Causes of Action:
Violent Crime and Law Enforcement Act, 34 U.S.C. § 12601 (previously 42 U.S.C. § 14141)
Constitutional Clause(s):
Second Amendment (Right to Bear Arms)
Other Dockets:
Northern District of California 5:26-cv-10508
Available Documents:
Outcome
Prevailing Party: None Yet / None
Relief Sought:
Relief Granted:
Source of Relief:
Issues
General/Misc.:
Case Summary of United States v. San Jose, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/48461/ (last updated 10/29/2026).