TexasCHLforum.com

Speaking for the court in it’s opinion, Justice James D. Blacklock said the state’s presentation to the court took no position on whether the State Fair of Texas, a private entity, has the legal authority to ban guns from the Fair.
“This Court cannot possibly order the State Fair to allow handguns to be carried at this year’s Fair when the party seeking that relief does not even argue that Texas law obligates the Fair to do so,” Blacklock said in the opinion.

rtschl wrote: ↑Mon Sep 23, 2024 3:16 pm Attorney General Ken Paxton Files Appeal to Prevent Unlawful State Fair of Texas Firearms Ban From Taking Effect:

https://x.com/TXAG/status/1838308472263447021

The Annoyed Man wrote: ↑Mon Sep 02, 2024 9:59 am

carlson1 wrote: ↑Sun Sep 01, 2024 10:28 pm

The Annoyed Man wrote: ↑Sun Sep 01, 2024 9:07 pm I’m happy that AG Paxton has filed the suit, but unless the defendants are forced to pay the accruing fines, I’d guess that the city of Dallas, the State Fair of Texas, and Fairpark First will stonewall and get delays in court proceedings long enough for the fair to finish running before the court ever has a chance to slap the defendants down.

Then next year, Fairpark First will be reorganized and operating under a new name, and the same old song and dance will begin again.

You are probably right, but at least he did something. Folks said it was a publicity stunt so I am glad he has sued. I don’t think he will find in Dallas County a court to grant injunctive relief to prevent the City of Dallas or the State Fair of Texas from enforcing the unlawful ban on firearms. It is a lot like Harris County.

So they get to continually break the law without punitive damages for a few years. Wished it worked that way for us.

Perhaps the way forward is to lobby the legislature to specifically invalidate any anti-carry signage or policy for ANY organization that specifically organizes and operates the state fair—for profit and non profit alike. Make the law preemptive and specific so that no fair operator can hide behind any reason to bar legal carry.

You’d think that the language of the current law is plain enough, but the fair operators seem to think that it doesn’t apply to them. Therefore, make an addition to the law that specifically bars any state fair operator from enforcing a no-carry zone.

The Annoyed Man wrote: ↑Sun Sep 01, 2024 9:07 pm I’m happy that AG Paxton has filed the suit, but unless the defendants are forced to pay the accruing fines, I’d guess that the city of Dallas, the State Fair of Texas, and Fairpark First will stonewall and get delays in court proceedings long enough for the fair to finish running before the court ever has a chance to slap the defendants down.

Then next year, Fairpark First will be reorganized and operating under a new name, and the same old song and dance will begin again.

NRA Submits Brief to AG Ken Paxton on State Fair of Texas Gun Ban


Yesterday, NRA-ILA submitted a brief to state Attorney General Ken Paxton as an interested party in the matter of RQ-0558-KP, the opinion request sought by State Rep. Dustin Burrows (R-Lubbock) and State Sen. Mayes Middleton (R-Galveston) on the matter of the State Fair of Texas' misguided firearm prohibition for License To Carry holders at Fair Park in Dallas.

The brief outlines a "robust statutory scheme" that the Texas Legislature has enacted, protecting law-abiding Texans' Right to Carry firearms for self-defense across the Lone Star State. NRA-ILA led the fight for passage of these important safeguards over the last two decades, including legislation restricting political subdivisions from posting public premises off-limits to LTC holders (SB 501, 2003), a bill imposing legal remedies and civil penalties on these entities for wrongfully excluding LTC holders from such locations (SB 273, 2015), and critical improvements to the state firearms preemption law to prevent a patchwork of conflicting local restrictions (HB 3231, 2019). Attorney General Paxton and state lawmakers have repeatedly referenced these laws in their actions and communications with the City of Dallas (which owns Fair Park but leases it out to the State Fair of Texas for three weeks in the fall during the fair), since announcement of the ban earlier this month.

The clock is ticking on the City of Dallas to take corrective action and direct the State Fair of Texas to rescind the ban. Attorney General Paxton sent a letter to the city on August 13, notifying them that unless the wrongful exclusion of LTC holders is corrected within 15 days, he will file suit to seek injunctive relief and civil penalties under Texas Government Code Section 411.209. We thank General Paxton for his swift and decisive action, and Sen. Middleton & Rep. Burrows for seeking key clarifications from his office on the application of the aforementioned statutes to these types of restrictions on the lawful carrying of firearms on public property.

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Thank you!

Thank you for your inquiry. The State Fair of Texas is-and always has been—a private entity. As a private, not-for-profit organization, the State Fair of Texas leases property from the City of Dallas for its event. The State Fair is not a government entity nor is it controlled or supported by a government
entity.

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 State Fair attendees with a valid Texas License to Carry (LTC or fka, CHL (concealed handgun license)) to carry their handguns while at the Fair (except for locations prohibited by law). After carefully considering the issue and reviewing the policies of similar Texas events, the State Fair has decided to prohibit open and concealed carry at the fairgrounds. This decision is consistent with an August 9, 2016 opinion letter issued by Texas Attorney General Ken Paxton, in which the Attorney General confirmed that the law which prohibits the government from banning handguns from most government property (Texas Government Code 411.209) applies only to bans implemented by the government and does not override the rights of a private entity that happens to operate on property leased from the government. In that situation, the private entity is no different than any other business operating on private property.

We know that this is an important issue for many Texans, and that the Fair's decision may disappoint potential fairgoers who regularly and responsibly practice License to Carry or Constitutional Carry. However, the Fair strongly believes that this is the right decision moving forward to ensure a safe environment and family-friendly atmosphere. The State Fair of Texas works with DPD, DFR, DART Police, DISD Police, regional, state, and federal partners as well as private security partners to help keep fairgoers, employees, and vendors safe. While each of these entities focus on ensuring a safe and family-friendly environment at the State Fair of Texas, we also ask that everyone remain "Fair Aware." If you see something that doesn't look right on the fairgrounds, please say something to a uniformed police officer or State Fair Safety Team member.
Let's all do our part to keep the State Fair safe.

Thank you,

Your Tex Team Member

Rex B wrote: ↑Tue Aug 13, 2024 3:51 pm "Texas House Republicans are pressuring State Fair officials to rescind its recent decision to ban all firearms from the fairgrounds.
....
As of noon on Monday, 71 state lawmakers and Republican House nominees signed a petition"

https://www.texastribune.org/2024/08/12 ... dium=email

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.

barnett wrote: ↑Thu Aug 08, 2024 5:44 pm

carlson1 wrote: ↑Thu Aug 08, 2024 5:41 pm

barnett wrote: ↑Thu Aug 08, 2024 5:38 pm Well, as of today, 8/8/24, the State Fair of Texas is no longer allowing LTC holders to bring their guns in with them.

I don’t think they can prevent it unless some major change of ownership has taken place.

I hope you are right, sir. Just reporting what channel 4 website story is saying.

barnett wrote: ↑Thu Aug 08, 2024 5:38 pm Well, as of today, 8/8/24, the State Fair of Texas is no longer allowing LTC holders to bring their guns in with them.