State Fair of Texas announces all-out carry ban on guns, knives

6:00am Tuesday, August 13, 2024

On Aug. 8, the State Fair of Texas announced that it was changing its weapons policy to prohibit attendees from exercising their right to carry at the event.

A press release noted:

As a private not-for-profit organization, the State Fair of Texas prohibits fairgoers from carrying all firearms, knives that are prohibited according to state law, clubs, explosive devices, ammunition, chemical dispensing devices, replicas or hoaxes, or other weapons of any kind. This includes Holders of a License to Carry, Constitutional Carry, Concealed Carry, and the Open Carry of firearms anywhere on the fairgrounds including Cotton Bowl Stadium.

The item also warned, "Guests will be channeled through weapons detection technology, which screens for dangerous weapons in the presence of a licensed and trained security officer."

This is a departure from policy that governed last year's fair, at which licensed concealed carry was permitted in Fair Park.

Gun owners shouldn’t disregard this ban. Nevertheless, the State Fair of Texas’ move does raise serious questions about the legality of firearm prohibitions on government property.

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As the State Fair of Texas noted in its press release, it is a private not-for-profit entity. However, the city of Dallas owns Fair Park, which it leases to the State Fair of Texas to operate the fair.

Texas law enumerates the types of government property on which firearms are prohibited (Penal Code § 46.03). Moreover, state agencies and political subdivisions that wrongfully exclude law-abiding gun owners are subject to fines (Government Code § 411.209). Texas’ firearms preemption statute also restricts localities from enacting their own firearm restrictions (Local Government Code § 229.001).

A coalition of state lawmakers and candidates running for Texas House sent a letter to the State Fair of Texas, asking them to rescind this misguided policy and suggesting legislation may be needed to address gun-free zones on public property. The state fair is set to begin Sept. 27.