AG Ken Paxton says the State Fair of Texas can’t ban guns. Here’s what state law says

Texas Attorney General Ken Paxton has issued a stern warning to the City of Dallas, threatening legal action over the State Fair of Texas's recent decision to ban firearms on its premises. This move has sparked a heated debate over gun rights and the legal boundaries of such a ban under Texas law.

The controversy began when the State Fair of Texas announced a new policy prohibiting weapons of any kind on the fairgrounds, with exceptions only for retired and current peace officers. This policy change was implemented in response to a shooting incident last year at the fair, where a gunman opened fire in the food court, injuring three people. The suspect, Cameron Turner, was not licensed to carry a firearm, raising concerns about security at the event.

In a letter addressed to Dallas Interim City Manager Kim Tolbert, Attorney General Paxton argued that the new policy violates state law. He stated, "Texas law clearly states that license-to-carry holders may not be prevented from carrying a firearm on property owned or leased by the government unless otherwise prevented by state statute." Paxton emphasized that the State Fair's policy infringes on the Second Amendment rights of licensed gun owners and gave the city a 15-day ultimatum to amend the policy or face a lawsuit.

The legal foundation of Paxton's argument rests on the fact that Fair Park, where the State Fair is held, is owned by the City of Dallas. Texas law permits licensed gun owners to carry firearms in places owned or leased by governmental entities, unless explicitly prohibited by state statute. While certain areas within Fair Park, such as the Cotton Bowl and buildings used for scholastic events, are recognized as gun-free zones under state law, the majority of the park does not fall under such restrictions.

The State Fair of Texas, a private nonprofit organization, operates Fair Park under a long-term lease agreement with the city. In response to Paxton's letter, the fair's spokesperson, Karissa Condoianis, stated, "We are aware that the Texas Attorney General’s Office sent a letter to the City of Dallas about the recent announcement concerning firearms at the annual State Fair. It appears from the letter that the Attorney General’s Office is seeking clarification regarding the city’s relationship with the State Fair of Texas." Condoianis reiterated the fair's commitment to maintaining a safe and family-friendly environment, citing similar weapons policies at other major Texas events, such as the Houston Livestock Show and Rodeo.

The policy change has also drawn criticism from several Republican lawmakers in Texas. Seventy state officials have signed a letter urging the State Fair to rescind the ban, arguing that "gun-free zones are magnets for crime" and that trained citizens should have the right to defend themselves. State Representative Frederick Frazier of McKinney voiced his support for license-to-carry holders, stating, "We want to make sure we are standing up for the folks that are going out there and getting these licenses and making sure they are able to take on that challenge if something does arise."

As the deadline for the city to respond approaches, the State Fair has maintained its stance on the policy, emphasizing the importance of safety measures in light of last year's incident. Meanwhile, the City of Dallas and the Attorney General's office have yet to issue public statements regarding the ongoing dispute.

This legal battle highlights the ongoing tension between gun rights advocates and those prioritizing public safety at large events. The outcome of this case could set a precedent for how similar events across Texas handle firearm policies in the future.