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State Fair of Texas (tentative) Saturday Oct 15

Posted: Wed Aug 31, 2016 7:08 pm
by TexasTornado
I would like to organize a State Fair of Texas day for forum members and was looking up details on their website when I found this...
State Fair of Texas prohibits Fair attendees (including LTC holders) from openly carrying handguns while at the Fair. If an individual attempts to enter the Fair with an openly carried handgun, he or she will not be allowed to enter the Fair unless he or she conceals the handgun (if he or she has a valid LTC) or secures the handgun in his or her vehicle or at some offsite location. If an LTC holder enters the Fair with a concealed handgun and then begins to openly carry the handgun, he or she will be asked to either conceal the handgun or to leave the Fair. http://bigtex.com/info/faq/

My questions are..
1. Under what authority can they prohibit Open Carry?
2. Would this rule prevent you from attending an event for forum members?

Re: State Fair of Texas

Posted: Wed Aug 31, 2016 7:14 pm
by suthdj
I think question should be under what law they can stop open carry

Re: State Fair of Texas

Posted: Wed Aug 31, 2016 7:18 pm
by TexasTornado
suthdj wrote:I think question should be under what law they can stop open carry
That's exactly the question just re-worded. Their authority to stop/prohibit open carry can only come from the law.

Re: State Fair of Texas

Posted: Wed Aug 31, 2016 7:20 pm
by SoConfused
Wow, that's ridiculous! No open carry at a state fair for TEXAS?!?!

Re: State Fair of Texas

Posted: Wed Aug 31, 2016 7:29 pm
by Lena
Would gladly attend an event but do not wish to go back to the Fair to do it, we went last year and it was the last.

Re: State Fair of Texas

Posted: Wed Aug 31, 2016 7:44 pm
by SoConfused
Looks illegal to prohibit open carry based on this from 30.07...

(e) It is an exception to the application of this section that the property on which the license holder openly carries the handgun is owned or leased by a governmental entity and is not a premises or other place on which the license holder is prohibited from carrying the handgun under Section 46.03 or 46.035.

Edit: Oops. I was thinking it was a government sponsored event, but it's actually a non profit organization.

Re: State Fair of Texas

Posted: Wed Aug 31, 2016 7:52 pm
by suthdj
TexasTornado wrote:
suthdj wrote:I think question should be under what law they can stop open carry
That's exactly the question just re-worded. Their authority to stop/prohibit open carry can only come from the law.
Sorry didn't see your questions :oops:

Re: State Fair of Texas

Posted: Wed Aug 31, 2016 8:02 pm
by TexasTornado
suthdj wrote:
TexasTornado wrote:
suthdj wrote:I think question should be under what law they can stop open carry
That's exactly the question just re-worded. Their authority to stop/prohibit open carry can only come from the law.
Sorry didn't see your questions :oops:
It's all good lol. At least we arrived at the same place after reading that bull honky statment.

Re: State Fair of Texas

Posted: Wed Aug 31, 2016 8:08 pm
by Pawpaw
Just because the law says they can't, doesn't mean they won't. It took some time to get them to allow concealed carry.

I wonder if that website would be enough to file a complaint with the AG?

Re: State Fair of Texas

Posted: Wed Aug 31, 2016 8:22 pm
by SoConfused
Pawpaw wrote:Just because the law says they can't, doesn't mean they won't. It took some time to get them to allow concealed carry.

I wonder if that website would be enough to file a complaint with the AG?
They can legally prohibit both concealed and open carry if they put up the signs since it's a private organization.

Re: State Fair of Texas

Posted: Wed Aug 31, 2016 8:24 pm
by TexasTornado
SoConfused wrote:
Pawpaw wrote:Just because the law says they can't, doesn't mean they won't. It took some time to get them to allow concealed carry.

I wonder if that website would be enough to file a complaint with the AG?
They can legally prohibit both concealed and open carry if they put up the signs since it's a private organization.
It doesn't matter if it's a private organization or not because it's city property. The signs would be unenforceable. It also does not meet the criteria of an amusement park.

Re: State Fair of Texas

Posted: Wed Aug 31, 2016 8:27 pm
by twomillenium
TexasTornado wrote:
SoConfused wrote:
Pawpaw wrote:Just because the law says they can't, doesn't mean they won't. It took some time to get them to allow concealed carry.

I wonder if that website would be enough to file a complaint with the AG?
They can legally prohibit both concealed and open carry if they put up the signs since it's a private organization.
It doesn't matter if it's a private organization or not because it's city property. The signs would be unenforceable. It also does not meet the criteria of an amusement park.
That's how I read it. Maybe there will be a test case a commin.

Re: State Fair of Texas

Posted: Wed Aug 31, 2016 8:32 pm
by Pawpaw
TT has it right. It was a fight to make the State Fair allow CC. It looks like it will take another fight before they allow OC.

At least this time the AG can be brought in. The fight should be over faster.

Re: State Fair of Texas

Posted: Wed Aug 31, 2016 8:39 pm
by SoConfused
TexasTornado wrote:
SoConfused wrote:
Pawpaw wrote:Just because the law says they can't, doesn't mean they won't. It took some time to get them to allow concealed carry.

I wonder if that website would be enough to file a complaint with the AG?
They can legally prohibit both concealed and open carry if they put up the signs since it's a private organization.
It doesn't matter if it's a private organization or not because it's city property. The signs would be unenforceable. It also does not meet the criteria of an amusement park.
Unfortunately, it won't be city property. The State Fair of Texas leases the land every year, effectively making it private property for the duration of the fair.

Re: State Fair of Texas

Posted: Wed Aug 31, 2016 8:46 pm
by Pawpaw
Untrue. In fact, there was a news story just the other day that they're thinking about turning over operation of the fair to a private organization. Either way, it won't make any difference. It's government property no matter who it's leased to.