Texas Lawmakers Challenge State Fair’s New Firearms Ban: A Battle Over Gun Rights

Estimated Time to Read: 8 minutes
This post, originally published on August 13, 2024, has been updated to include important developments that have occurred since its initial release.

The Texas State Fair, one of the state’s most iconic annual events, has recently found itself at the center of a heated debate over gun rights. The fair’s governing board announced a new policy prohibiting the carrying of firearms by License-to-Carry (LTC) holders on the fairgrounds, a reversal of the previous policy that had allowed concealed carry. This decision has drawn significant criticism from state lawmakers and gun rights advocates, leading to a public showdown that reflects broader concerns about Second Amendment rights in Texas.

The New Firearms Policy

The State Fair of Texas, held annually in Dallas at Fair Park, attracts millions of visitors each year and has a substantial economic impact on the region. For years, LTC holders were permitted to carry concealed firearms at the event, aligning with Texas’s broader culture of gun ownership and self-defense rights.

However, in an August 8 press release, the fair’s governing board announced changes to its safety and security protocols, including a new weapons policy. The policy states that fairgoers are prohibited from carrying all firearms, including concealed and open carry, knives with blades over 5.5 inches, clubs, explosive devices, and other weapons anywhere on the fairgrounds, including Cotton Bowl Stadium. The only exceptions to this policy are for elected officials and peace officers, who are still permitted to carry firearms.

The State Fair’s board justified the change by citing consultations with the Dallas Police Department and other security partners, claiming that the updated policy is part of a comprehensive plan to ensure the safety of all attendees.

Lawmaker Reactions & Political Repercussions

The policy change quickly drew backlash from conservative lawmakers in Texas. On August 12, a joint letter signed by 70 incumbent and incoming state lawmakers was sent to the fair’s governing board, urging them to rescind the ban.

“Gun free zones are magnets for crime because they present less of a threat to those who seek to do evil. Law-abiding citizens in the United States use firearms daily to defend themselves against criminals. Recent tragedies have demonstrated the sdad reality that you can die while waiting on law enforcement to save your life — Those who choose to assume responsibility for their own safety understand this harsh reality.”

“The State Fair of Texas claims to be a “celebration of all things Texas,” yet this new policy is anything but a celebration of Texas.”

Joint Letter to the State Fair of Texas Board of Directors, 8.12.2024

The lawmakers further suggest that the policy change may prompt a need for legislative action to protect the rights of LTC holders on public land, indicating that this issue may be revisited in the next legislative session, which begins in January 2025.

The list of those signed on to the letter is below:

Attorney General Ken Paxton Steps In

In a decisive move, Texas Attorney General Ken Paxton (R) sent a letter on August 13, 2024, to the City of Dallas, threatening legal action if the State Fair does not reverse its firearms ban. Paxton’s letter asserts that the City of Dallas, which oversees Fair Park, is violating Texas Government Code § 411.209(a). The law explicitly prohibits political subdivisions of the state from banning firearms on property they own or lease unless certain exceptions apply.

Paxton emphasized that the entire 277-acre Fair Park is not a location where weapons are prohibited under Texas Penal Code § 46.03, and thus the State Fair’s blanket ban is unlawful. The letter further cautions the City of Dallas that if the ban is not lifted within 15 days, his office will pursue legal action, seeking fines of up to $1,500 per day for each violation.

Additional Lawmaker Statements

Adding to the legal and political pressure, Texas State Representative Dustin Burrows (R-Lubbock) posted to Twitter/X, “Local government cannot create gun-free zones (that would otherwise be prohibited under the law) by simply working through a 501(c)(3) or other private entity.” His remarks underscore the growing concern that the State Fair might be attempting to bypass state law through its nonprofit status.

Texas State Representative Cody Vasut (R-Angleton) also weighed in on Twitter/X, posting, “And if there is some loophole that lets them, we will close that loophole.” Vasut’s statement indicates that Texas lawmakers may take legislative action to prevent similar situations in the future, ensuring that the rights of gun owners are not undermined by such legal interpretations.

Potential Legal Implications

The controversy over the State Fair’s new firearms policy touches on broader legal and political issues in Texas. Under state law, local governments are generally prohibited from regulating the lawful carrying of firearms on government-owned property, with certain exceptions. The City of Dallas owns the fairgrounds where the State Fair is held, meaning that the property is public and subject to state restrictions on firearm regulations.

However, a 2016 opinion by Texas Attorney General Ken Paxton (R) provides some nuance to this issue. The opinion states that when government property is leased to a private entity, that entity may impose weapon-carrying restrictions, provided the governmental entity does not control the decision to post the restriction notice. This legal framework gives the State Fair’s governing board some leeway to implement its new policy, but it also opens the door for potential legal challenges or legislative responses.

Public Reaction and Controversy

The new policy has sparked significant public debate, particularly among gun rights advocates and Second Amendment supporters in Texas. The National Rifle Association (NRA) has also weighed in, urging its members to contact the State Fair and demand that the new rule be rescinded. Texas Gun Rights (TGR) has publicly condemned the policy, encouraging fairgoers to voice their opposition. Some opponents have even called for a boycott of the fair, arguing that the ban is an overreach that will do little to improve safety.

The pushback from lawmakers and gun rights organizations reflects a broader tension in Texas between the state’s strong gun rights culture and the efforts of certain organizations to implement more restrictive firearms policies. This issue is likely to remain a point of contention as the State Fair approaches and could lead to future political and legal battles.

Conclusion

The State Fair of Texas runs from Friday, September 27 through Sunday, October 20, 2024.

The decision by the Texas State Fair’s governing board to ban firearms on the fairgrounds has ignited significant controversy, drawing criticism from lawmakers, gun rights groups, and members of the public. The debate touches on key issues of safety, legal rights, and Texas identity, and it is far from over. As the fair dates approach, it will be important to watch how this issue develops and whether any changes are made to the policy in response to the growing backlash.

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