Second Amendment Groups Allege High Costs and Mandatory Testing Create Unconstitutional Barriers to Exercising Gun Rights
The Second Amendment Foundation (SAF), alongside the California Rifle and Pistol Association, has filed a lawsuit challenging the Santa Clara County Sheriff Department’s fees and requirements for obtaining a concealed carry permit (CCW). The lawsuit, titled Blank v. Santa Clara County Sheriff’s Department, argues that the county’s policies are unconstitutional, creating a financial barrier that effectively denies a large portion of the population their Second Amendment rights.
According to the plaintiffs, the costs associated with the CCW application process are exorbitant. These fees include the initial application fee, required training courses, mandatory psychological exams, and fingerprinting (Live Scan).
SAF Executive Director Adam Kraut stated that these costs, which can total $2,000 or more, are a “pay-to-play scheme” designed to keep law-abiding citizens from exercising their constitutional rights.
“Fees this extreme for the application of a simple permit can only be in place for one reason — to keep the peaceable citizens of Santa Clara from exercising their Second Amendment rights,” Kraut said. “Not only is this discriminatory, but it’s a clear violation of the Second Amendment.”
The lawsuit contends that by imposing such high licensing fees and mandating psychological testing without sufficient cause, Santa Clara County is substituting an unconstitutional “wealth qualification” for what amounts to a corrupt political patronage scheme. Alan M. Gottlieb, SAF founder and Executive Vice President, echoed this sentiment, arguing that the fee structure is a deliberate attempt to discourage people from obtaining a permit.
The legal action highlights the ongoing national debate over gun control and Second Amendment rights, with gun rights advocates challenging what they see as overly burdensome regulations. The outcome of this case could set a precedent for similar challenges in other jurisdictions with comparable fee structures and permit requirements.
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