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Sunday, January 12, 2025

Texas AG directs Dallas to end firearm carry ban at state fair

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Dean Rieck, Executive Director at Buckeye Firearms Association | LinkedIn

Dean Rieck, Executive Director at Buckeye Firearms Association | LinkedIn

On August 8, the State Fair of Texas announced a new policy banning license-to-carry holders from possessing firearms at the Texas State Fair. The property 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 August 14, Texas State Attorney General Ken Paxton sent a letter to the city, directing it to end this policy. Paxton stated that it violates state law prohibiting restrictions on carrying 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. He noted that the Texas State Fair does not meet the criteria for an "amusement park," which is one of the prohibited locations in Section 46.03. Paxton also warned 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 policy. State Rep. Dustin Burrows (R-Lubbock) and State Sen. Mayes Middleton (R-Galveston) had submitted a request on August 14 for an opinion from the Texas attorney general, asking whether political subdivisions of the state can legally create and enforce restrictions on carrying 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 but not for commercial purposes.

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