State Fair of TX now off-limits to guns

[BB62]

MSN

QUOTE:"Security at the State Fair of Texas will change this season, including prohibiting concealed firearms to be carried in Fair Park.

Organizers said when Big Tex welcomes visitors from around the world this year they'll enter Fair Park through redesigned entrances and be subjected to more thorough screenings.

"As fairgoers arrive, they will see signage advising them of what to expect when they are screened; this includes info on prohibited items, our guest code of conduct, and that all bags, wagons, and coolers are subject to search."

People visiting the fair will also be screened for weapons. No guns or weapons of any kind, including concealed carry, will be allowed in the fairgrounds. This is a departure from last season when people licensed for concealed carry were allowed to be armed in the park. The fair will no longer allow licensed concealed carry in Fair Park.

"For us to continue offering a safe event for all, we feel this is an important measure to implement," the fair said in a statement. "Other events like the Houston Livestock Show and Rodeo, San Antonio Stock Show and Rodeo, and Rodeo Austin follow similar weapons policies as well."... ENDQUOTE

 

[KBCraig]

I don't know of any change to the Texas statutes that would allow this.

Carry cannot be restricted on any property owned by a political entity, and Fair Park is owned by the City of Dallas. They've lost this issue in court in the past.

 

[Brian D.]

When does the Texas State Fair take place?

 

[KBCraig]

I'm told that one article has TSF claiming they were given a waiver by the AG to do this. I haven't seen that article, but if anyone has a link, I'd like to read it. DMN is firewalled hard, and I can't get around that.

The statutes don't contain any provision for waivers.

So if it's true, that means that "Pro-gun, Law-and-order" AG Paxton told them to break the law and he wouldn't do anything about it.

 

[color of law]

I'm sure the Texas Gun Rights origination (https://txgunrights.org/) or the Texas Rights Foundation (https://txgrfoundation.org/) will file for an injunction in court if the Fair is really public.

 

[Tess]

As a newcomer to Texas, I've been watching this. I'm not clear on all Texas laws, but this *seems* to fly in the face of its relatively strong preemption laws (e.g. last year the legislature passed a bill that prohibits hotels from banning firearms for its guests, though it can prohibit carry in common areas and can prohibit open carry).
I'm more than a little perturbed that the two associations *I* knew about (yes, I've noted color of law's sites above; I didn't know about them, and their sites don't mention it) have not mentioned it yet. (NB: Been here two years, and despite looking, this is the first I'm hearing of some of these organizations. Makes me wonder how effective they are, but that's another issue.)

 

[Tess]

When does the Texas State Fair take place?

Opens Sept 27

 

[KBCraig]

I'm sure the Texas Gun Rights origination (https://txgunrights.org/) or the Texas Rights Foundation (https://txgrfoundation.org/) will file for an injunction in court if the Fair is really public.

It's not even a question.

Fair Park | Dallas Parks, TX - Official Website

One of the most visited attractions in Texas, you can fill a day with activities at Fair Park.

www.dallasparks.org

"Fair Park is owned by the City of Dallas and managed by Fair Park First, a 501(c)3, non-profit organization."

Texas Penal Code Sec. 30.06 (TRESPASS BY LICENSE HOLDER WITH A CONCEALED HANDGUN.)
(e) It is an exception to the application of this section that the property on which the license holder carries a 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.

Texas Penal Code Sec. 30.07 (TRESPASS BY LICENSE HOLDER WITH AN OPENLY CARRIED HANDGUN.)
(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.

PC 46.03 (PLACES WHERE WEAPONS PROHIBITED) does not include the fair.

Texas gun rights organizations have always been a conflicted mess. I left there 12 years ago, but I was most familiar with Texas State Rifle Association, the NRA affiliate. We all know what a mess NRA has been in, largely thanks to Friend-of-Wayne Charles Cotton, who was tightly tied to TSRA and owns the Texas CHL Forum.

 

[color of law]

It's not even a question.

Fair Park | Dallas Parks, TX - Official Website

One of the most visited attractions in Texas, you can fill a day with activities at Fair Park.

www.dallasparks.org

"Fair Park is owned by the City of Dallas and managed by Fair Park First, a 501(c)3, non-profit organization."

Texas Penal Code Sec. 30.06 (TRESPASS BY LICENSE HOLDER WITH A CONCEALED HANDGUN.)
(e) It is an exception to the application of this section that the property on which the license holder carries a 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.

Texas Penal Code Sec. 30.07 (TRESPASS BY LICENSE HOLDER WITH AN OPENLY CARRIED HANDGUN.)
(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.

PC 46.03 (PLACES WHERE WEAPONS PROHIBITED) does not include the fair.

Texas gun rights organizations have always been a conflicted mess. I left there 12 years ago, but I was most familiar with Texas State Rifle Association, the NRA affiliate. We all know what a mess NRA has been in, largely thanks to Friend-of-Wayne Charles Cotton, who was tightly tied to TSRA and owns the Texas CHL Forum.

As I said before, Texas is not a premier Second Amendment state as they claim. And there is no active guns rights origination in Texas willing to fight for anybody's gun rights.

 

[color of law]

Texas AG Ken Paxton threatens legal action over State Fair of Texas gun ban: 'Fix the issue'

Paxton argued that the gun ban infringes on Texas gun owners' rights because Fair Park is government-owned property.

www.wfaa.com

 

[BB62]

Texas AG sues the "State Fair": https://www.texastribune.org/2024/08/29/texas-state-fair-gun-ban-court-challenge-paxton/

 

[color of law]

Sounds like the State Fair is held on public property in which a private entity (State Fair) leasing said public property lacks authority to restrict a constitutional right, with exceptions or course.

This Texas law eerily mirrors Ohio law, yet the "Labor Day WEBN fireworks celebration" (Private Entity) is not allowing firearms to be carried at an event being held at a city park in Cincinnati, Ohio this weekend.

 

[Brian D.]

But BB62 and perhaps others will be open carrying at that Ohio fireworks event. As in the past, they won't be detained or arrested by the police. The cops know the event organizer's "rule" about carry is more like a suggestion from an Emily Post etiquette book.

 

[BB62]

Sounds like the State Fair is held on public property in which a private entity (State Fair) leasing said public property lacks authority to restrict a constitutional right, with exceptions or course.

This Texas law eerily mirrors Ohio law, yet the "Labor Day WEBN fireworks celebration" (Private Entity) is not allowing firearms to be carried at an event being held at a city park in Cincinnati, Ohio this weekend.

I don't know that I agree with "closely mirrors Ohio law", but regardless, the "Private Entity" is POSTING that no weapons can be carried at the Fireworks. That's a world different than "not allowing" - meaning that one is subject to enforcement action.

In my humble opinion, the only thing that's going to stop the proliferation of "prohibitions" (of various kinds), including the seemingly mandatory searches, is a lawsuit - but there are LOTS of angles to explore in that respect.

 

[BB62]

But BB62 and perhaps others will be open carrying at that Ohio fireworks event. As in the past, they won't be detained or arrested by the police. The cops know the event organizer's "rule" about carry is more like a suggestion from an Emily Post etiquette book.

Somehow, I can't quite figure out how, this year I once again escaped notice from approximately 1PM until the fireworks concluded.

All I can conclude is that I'm an *expert* at remaining inconspicuous - because this year I didn't even send advance notice!

 

[BB62]

See? *Totally* inconspicuous!

 

[KBCraig]

Sounds like the State Fair is held on public property in which a private entity (State Fair) leasing said public property lacks authority to restrict a constitutional right, with exceptions or course.

It's not about a constitutional right.

The Texas statute that governs trespass by a person licensed to carry a firearm expressly states that the legal notice does not apply on any property owned or leased by a government entity. Any government property that is off limits is covered by another statute that lists places where weapons are prohibited. Fairgrounds are not included.

 

[color of law]

It's not about a constitutional right.

The Texas statute that governs trespass by a person licensed to carry a firearm expressly states that the legal notice does not apply on any property owned or leased by a government entity. Any government property that is off limits is covered by another statute that lists places where weapons are prohibited. Fairgrounds are not included.

Let me clarify the possible misunderstanding. In the big scheme of things Dallas is violating the Peoples' Second Amendment Right.

The State is not suing Dallas in the name of the People. The State is suing Dallas in the name of the State.

There are four causes of actions being brought against Dallas:

1. The State has exclusive authority of the carrying of firearms, local government does not.
2. Based on the 1st cause of action Dallas can only enforce applicable laws (meaning State Laws) including criminal trespass. Trespass is included in the State applicable laws. Meaning that local governments can only enforce State Law as it relates to trespass.
3. This cause of action is really no different than the first action. This just states the Texas Constitution gives the State authority the regulate the carrying of firearms, not local government.
4. The State is saying that regardless of the licensing scheme in place in Texas, Dallas lacks authority to regulate the unlicensed carrying of arms, period. That is a Constitutional Right issue. In other words, don’t be harassing the People.

This case is not about trespass. It is about Dallas infringing on the exclusive jurisdiction of the State.

If the People brought the suit, it would include 1,2 and 4 above, not 3rd. Cause of Action. The 3rd. action violates Bruen. That is why I said it’s a constitutional issue.

 

[Brian D.]

Any update? The Texas State Fair is going on at the moment, or is it over by now?

I'll look it up myself, just hoping someone here was in the know.

 

[Brian D.]

Well, my timing is good anyway, especially if you like bad news: Yesterday the Supreme Court of Texas upheld the right of the State Fair to ban firearms from the property. The Fair claimed to be a "private" entity, and the Supremes swallowed that hook line and sinker.

I'm not going to post a link, more trouble than it's worth using my phone. But feel free to do so, just don't rebuke me for my lack of effort. I at least gave y'all the scoop.