Last year’s controversial ban on concealed carry at the Texas State Fair, which spawned a number of lawsuits including some after the fair had closed, has now forced pro-gun lawmakers to introduce legislation barring such a ban.
Republican State Rep. Brisco Cain recently filed a measure to prevent the prohibition of firearms carried by licensed concealed carriers on government-owned property.
According to the text of HB 1715, any government entities, courts or contractors who use such properties “may not in any manner prohibit a license holder who is carrying a handgun under the authority of Subchapter H, Chapter 411, Government Code, from entering or remaining on the property or a portion of the property, including through the provision of notice by a communication described by Section 30.06 or 30.07, Penal Code, unless license holders are otherwise prohibited from carrying handguns on the property or that portion of the property under Section 46.03, Penal Code, or other law.”
Naturally, the law would prohibit banning carry at State Fair Park, which is owned by the city of Dallas and serves as the venue for the annual State Fair of Texas.
In August, State Fair officials, in conjunction with law enforcement, announced a revised policy prohibiting all firearms, including those carried by licensed holders, from the fairgrounds during the Texas State Fair. This decision represented a significant change from previous years when licensed concealed carry was allowed at Fair Park during the event.
After learning about the ban, Texas State Attorney General Ken Paxton promptly sent a letter to the State Fair Board to inform board members that the carry ban contravened state law. He also stated that he would sue the City of Dallas if the proposed ban wasn’t rescinded.
“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 said in a news release at the time. “The State Fair of Texas’s recent policy that infringes on LTC holders’ Second Amendment rights is unlawful. Dallas has 15 days to fix the issue. Otherwise, I will see them in court.”
At the same time, 71 Texas House Republicans and Republican House nominees signed a petition urging the State Fair to reverse its decision. The petition argued that “gun-free zones are magnets for crime because they present less of a threat to those who seek to do evil,” and criticized the fair’s new policy as unrepresentative of Texas values.
When the Fair Board refused to amend the policy, AG Paxton sued the City of Dallas and the Fair Board regarding the ban. After losing arguments in both a Dallas district court and a state appeals court, Paxton escalated his challenge of the policy to the Texas Supreme Court, which declined the petition, leaving the ban in place for the 2024 event.
Legal action regarding the ban continued beyond last year’s fair. In late October, Paxton and three fairgoers filed an updated lawsuit against the policy, State of Texas v. City of Dallas. This, along with recent legislation introduced by Rep. Cain, clearly indicates that those on the pro-gun side of this controversy are not going away anytime soon.
