DOJ Sues Glendale, Calling Its Carry Permit Fees Unconstitutional

The DOJ's Civil Rights Division has sued Glendale, California, arguing that its concealed carry permit system is so expensive and discretionary that it functions as a may-issue scheme hiding inside a shall-issue law.

Snapshot

Acting Assistant Attorney General Jesus Osete and the Second Amendment Section filed the suit over Glendale's permit fees, reference checks, social media reviews and mandatory psychological testing. Bearing Arms reports the city charges $1,078 for processing alone, on top of other requirements the DOJ says add up to a pattern of blocking residents from exercising their carry rights.

Key points

• Fee at the center: The complaint focuses on Glendale's $1,078 permit charge as the clearest example of an unconstitutional financial barrier.
• Psych eval scrutiny: Glendale PD policy requires psychological testing on every application, including renewals, which can cost up to $500 and which the DOJ says conflicts with state law limiting renewal testing to cases with "compelling evidence" of a safety concern.
• Extra hoops: The city also requires three reference checks, a review of applicants' social media, and proof of city residency, steps the DOJ argues inject open-ended discretion into what's supposed to be a shall-issue process.
• Legal hurdle ahead: A federal judge recently dismissed a similar DOJ pattern-and-practice suit against Montgomery County, Maryland, over the agency's authority under Section 12601, meaning Glendale could try the same defense.

Quick take

Bearing Arms' Cam Edwards argues the psych exam and vetting steps would be unconstitutional even if they were free, since the burden of proof should sit with a background check, not a presumption that applicants are unfit until proven otherwise. Whether the DOJ can make that case stick in court is the real fight here.

Read the full story: bearingarms.com