TexasCHLforum.com

chamberc wrote: ↑Thu Sep 19, 2024 12:53 pm Gun ban upheld.

https://www.wfaa.com/article/news/local ... ab09b64378

rtschl wrote: ↑Fri Aug 30, 2024 8:14 pm TXAG Ken Paxton has filed suit against the City of Dallas and the State Fair:

Texas Attorney General Ken Paxton sued the City of Dallas and the State Fair of Texas for unlawfully prohibiting firearms from government-owned public property in violation of Texas law.

Attorney General Paxton asked the court to grant injunctive relief to prevent the City of Dallas or the State Fair of Texas from enforcing the unlawful ban on firearms.

“Municipalities cannot nullify state law nor can they avoid accountability by contracting official functions to nominally third parties,” said Attorney General Paxton. “Neither the City of Dallas nor the State Fair of Texas can infringe on Texans’ right to self-defense. I warned fifteen days ago that if they did not end their unlawful conduct I would see them in court, and now I will.”


https://www.texasattorneygeneral.gov/ne ... state-fair

anygunanywhere wrote: ↑Tue Aug 27, 2024 4:41 pm

ScottDLS wrote: ↑Mon Aug 26, 2024 4:22 pm

anygunanywhere wrote: ↑Thu Aug 22, 2024 2:28 pm

Caliber wrote: ↑Thu Aug 22, 2024 9:30 am Here's the deal: The State Fair probably can't exclude gun carriers pursuant to Texas gun laws. However, they can trespass you and they don't need a reason. I don't believe the property is "public property" since is leased by a non-governmental entity.

You are probably correct.

I’m not picking at nits in your statement but am thinking about the overall logic.

If the state fair cannot legally exclude gun carriers from entering then why is it possible to legally trespass them out? Does not make sense! Citizens legally exercising their RKBA where they are legally allowed to be and not doing anything to meet the standards of breaking any law should be allowed entry and th fair should not be able to do anything to prevent it.

The fairgrounds property IS public property, belonging to the City of Dallas, and they cannot charge you with Trespass. However, they will have private security physically prevent you from entering armed. And there will be nothing you can do about it.

The legislature needs to fix this. Being treated as second class citizens and being denied access to public property while exercising our constitutional rights is growing old.

chasfm11 wrote: ↑Wed Aug 28, 2024 6:27 am

ScottDLS wrote: ↑Mon Aug 26, 2024 4:22 pm

The fairgrounds property IS public property, belonging to the City of Dallas, and they cannot charge you with Trespass. However, they will have private security physically prevent you from entering armed. And there will be nothing you can do about it.

Perhaps it is just me but the latter part of the statement raises some interesting philosophical concepts. Private security is "mercenaries. The elected leaders of Dallas already have a law enforcement arm - the Dallas Police - who are paid by the tax payers to enforce State and local laws. If the City can hire a private firm who hires mercenaries, what is the limit of that power? Perhaps, to properly identify them, the mercenaries should wear Red Shirts. The slope gets very slippery, very fast.

anygunanywhere wrote: ↑Thu Aug 22, 2024 2:28 pm

Caliber wrote: ↑Thu Aug 22, 2024 9:30 am Here's the deal: The State Fair probably can't exclude gun carriers pursuant to Texas gun laws. However, they can trespass you and they don't need a reason. I don't believe the property is "public property" since is leased by a non-governmental entity.

You are probably correct.

I’m not picking at nits in your statement but am thinking about the overall logic.

If the state fair cannot legally exclude gun carriers from entering then why is it possible to legally trespass them out? Does not make sense! Citizens legally exercising their RKBA where they are legally allowed to be and not doing anything to meet the standards of breaking any law should be allowed entry and th fair should not be able to do anything to prevent it.

carlson1 wrote: ↑Sun Aug 11, 2024 11:44 pm

srothstein wrote: ↑Sun Aug 11, 2024 11:31 pm

Rex B wrote: ↑Sun Aug 11, 2024 10:46 pm Here is the letter he linked to:

https://www2.texasattorneygeneral.gov/f ... th_Zoo.pdf

This is news to me.

Is the State Fair of Texas a registered non-profit?
And why does this make a difference?

Read the letter carefully. It does not say the signs can be enforced, just that they are not illegally posted. The loophole which they crawl through is that the law making it illegal to post 30.06 signs only applies to the government agency (in this case, the City of Dallas) and not to any other person or organization. If I go post a big 30.06 sign on the fence around the Capitol in Austin, I am not violating the law that says the state cannot post. Of course, my sign has no legal bearing on whether you can carry inside the Capitol or not. This is what the State Fair Association is saying they did.

Obviously, my analogy is slightly flawed because DPS would take down my sign as soon as they saw I posted it, but the legal principal is the same. The State Fair Association can post any sign they want because they are not the government. It doesn't mean that 30.06 applies to anyone because the law is still the same and says it does not apply on state owned land.

So you go to the gate at the fair as always and tell the security guard you need to see the police officer. You show the officer your LTC and he says, “you are not allowed to carry here.” Worse he climbs down and places you in handcuffs for walking past the sign. Then what?

rtschl wrote: ↑Mon Aug 12, 2024 11:53 am I was one of several that filed complaints with OAG's office about Ft. Worth Zoo in 2015. Several discussions somewhere here on the forum. My recollection is that OAG ruled that it cannot stop a private business/entity from posting invalid signs and that a license holder would have defense to prosecution as not a violation of 30.05 if carrying on publicly owned property.

That made a lot of us mad back then, as us non lawyers think the plain meaning of the statute is clear that publicly owned property cannot be posted. So a license holder would likely beat the rap, but may take the ride and pay 10s of thousands of dollars in legal fees for doing something perfectly legal.

Keith B wrote: ↑Fri Sep 01, 2023 9:28 pm

Papa_Tiger wrote: ↑Thu Aug 31, 2023 2:58 pm

License to Carry a Handgun

The State Fair of Texas is—and always has been—a private entity. The Fair leases the Fair Park property from the City of Dallas but is not part of the City or controlled by a government body.

The State Fair of Texas has long been, and continues to be, a strong supporter of the rights of responsible gun owning Texans. For that reason, the Fair has long allowed Fair attendees with valid handgun licenses to carry their handguns in a concealed manner while attending the Fair (except for locations prohibited by law). The State Fair will not allow unlicensed gun owners to enter the fairgrounds with a firearm.

A person holding a valid Texas License to Carry a Handgun (LTC), or a valid handgun license from a reciprocating state, is permitted to enter the Fair with his or her concealed handgun, provided that he or she thereafter fully complies with all applicable laws. LTC holders are responsible for knowing and complying with all applicable Texas laws. For example, under Texas Penal Code Chapter 46 an LTC holder is prohibited from carrying a handgun (1) on any other premises where a high school, collegiate, or professional sporting event or interscholastic event is taking place (this may include Cotton Bowl Stadium, as well as the State Fair’s livestock facilities where interscholastic events are presented), (2) on the premises of a business that derives 51 percent or more of its income from the sale or service of alcoholic beverages for on-premises consumption, or (3) while intoxicated.

They obviously didn't read the text of HB1760 which goes into effect tomorrow...

Still applies. 46.03 (8) was not modified.