Entrance to the State Fair of Texas

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

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.

© 2024 National Rifle Association of America, Institute for Legislative Action. This may be reproduced. This may not be reproduced for commercial purposes.

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