Texas AG Paxton directs city of Dallas to end carry ban at state fair

[mountaineer]

Texas AG Paxton directs city of Dallas to end carry ban at state fair
August 16, 2024

On Aug. 8, the State Fair of Texas announced a new policy banning license-to-carry holders from possessing firearms at the Texas State Fair, property which is owned by the city of Dallas but contracted out to a nonprofit entity (the State Fair of Texas) to run the annual event in the fall.

On Aug. 14, Texas State Attorney General Ken Paxton sent a letter to the city, directing it to end this policy, which violates state law prohibiting restrictions on the carrying of firearms on property owned or leased by a governmental entity unless those premises are specifically enumerated as prohibited locations under Texas Penal Code Section 46.03 (note that the Texas State Fair does not meet the criteria for an "amusement park," which is one of the prohibited locations in 46.03.) Paxton also warned the city that unless the wrongful exclusion of license-to-carry holders is corrected within 15 days, he will file suit to seek injunctive relief and civil penalties under Texas Government Code Section 411.209.

Earlier this week, more than 70 GOP state lawmakers and legislative candidates sent a letter to the State Fair of Texas board of directors, urging them to rescind this misguided policy. State Rep. Dustin Burrows (R-Lubbock) and State Sen. Mayes Middleton (R-Galveston) had submitted a request Aug. 14 for an opinion from the Texas attorney general, asking whether political subdivisions of the state can legally create and enforce restrictions on the carrying of firearms on public property not listed in Texas Penal Code Section 46.03, simply by leasing the premises to a nonprofit or other private entity.  ...

https://www.buckeyefirearms.org/texas-ag-paxton-directs-city-dallas-end-carry-ban-state-fair

[catfish1957]

I'm as pro-2A as the rest of us, but should a private entity (State Fair)  be forced into an open carry policy, which especially might impact their insurance rates?

And be at an event where people are elbow to elbow a lot within the venue?

[GtHawk]

I'm as pro-2A as the rest of us, but should a private entity (State Fair)  be forced into an open carry policy, which especially might impact their insurance rates?

And be at an event where people are elbow to elbow a lot within the venue?

Depends on who owns the property vs the contract for the fair, if it's state property than the state can force the issue, that's how gun shows in California were forced off of state/county owned venues. I wonder how long states can keep people from carrying in these venues(those that do) since a judge just ruled against California denying concealed carry permits to out of state residents. In his ruling the judge said that a persons 2Amendment rights don't end at another states border...obviously Noisome will appeal.

[berdie]

I'm as pro-2A as the rest of us, but should a private entity (State Fair)  be forced into an open carry policy, which especially might impact their insurance rates?

And be at an event where people are elbow to elbow a lot within the venue?

I am very divided on this. Yes, it's legal to carry. But there are many places, private and public, that forbid guns and it is posted.

So, I'm not sure what Paxton's issue is. I generally agree with him.

In the late 80's early 90's I was at the fair at night when a shooting occurred on the Midway. I was just outside of the MW. The shooting in itself caused little damage but the tidal wave of running people was truly terrifying. The panicked crowd trampled little kids, old people...and anybody in the way. There was no police force in this country that could have stopped it. So, I understand why the city, that owns the property, has an issue.

[Bigun]

I am very divided on this. Yes, it's legal to carry. But there are many places, private and public, that forbid guns and it is posted.

So, I'm not sure what Paxton's issue is. I generally agree with him.

In the late 80's early 90's I was at the fair at night when a shooting occurred on the Midway. I was just outside of the MW. The shooting in itself caused little damage but the tidal wave of running people was truly terrifying. The panicked crowd trampled little kids, old people...and anybody in the way. There was no police force in this country that could have stopped it. So, I understand why the city, that owns the property, has an issue.

So you think making guns off limits for the law abiding will mean that there are no guns there at all? @berdie

[berdie]

So you think making guns off limits for the law abiding will mean that there are no guns there at all? @berdie

Of course I don't believe that @Bigun  .

My question is more of why the State Fair cannot implement this rule when other entities can and do. In reading an article about this just this morning, it seems that it has do to with the relationship between the Fair being a lessee and the city. And the definition of "amusement park" in the statute. It seems the Fair doesn't qualify.

I only related my experience to illustrate how difficult crowd control is under those circumstances.

I miss the Fair. I used to go multiple times every year. Mobility issues now prohibit that.

[Sighlass]

I am very divided on this. Yes, it's legal to carry. But there are many places, private and public, that forbid guns and it is posted.

So, I'm not sure what Paxton's issue is. I generally agree with him.

In the late 80's early 90's I was at the fair at night when a shooting occurred on the Midway. I was just outside of the MW. The shooting in itself caused little damage but the tidal wave of running people was truly terrifying. The panicked crowd trampled little kids, old people...and anybody in the way. There was no police force in this country that could have stopped it. So, I understand why the city, that owns the property, has an issue.

Our town says no firearms at the local fair grounds that are owned by the VFW (veterans).... I pay the sign no mind and carry anyways. I am sure I am not the only one that refuses to be unarmed in a crowd.

[Bigun]

Our town says no firearms at the local fair grounds that are owned by the VFW (veterans).... I pay the sign no mind and carry anyways. I am sure I am not the only one that refuses to be unarmed in a crowd.

The fairgrounds would be a much safer place if everyone did the same. @Sighlass

[IsailedawayfromFR]

Texas Concealed Carry Restrictions - Where You Can't Carry

Provided here is a complete list of statutory Texas concealed carry restrictions - locations where you may NOT carry concealed (or open) within Texas.  We encourage you to review the classified list below if you have the time.

Schools: Public and private K-12 schools, colleges, and universities
Government Buildings: Courthouses, government offices, polling places
Airports: Secured areas
Recreational Locations: Racetracks, amusement parks
Sporting Events: High school, collegiate, and professional sports
Medical Facilities: Hospitals, mental health facilities, nursing homes
Liquor-licensed Businesses: Establishments with 51% or more income from alcohol sales
Private Property: Where owners have prohibited firearms via signage or verbal notice
https://carry-texas.com/concealed-carry-in-texas/where-can-you-not-conceal-carry-in-texas-understanding-the-restricted-areas