Texas AG Ken Paxton Takes Controversial Stand Against State Fair Gun Ban

Texas Attorney General Ken Paxton threatens legal action against Dallas over State Fair’s gun ban, citing Second Amendment rights.

At a Glance

Ken Paxton warns Dallas to end State Fair’s firearms policy, calling it unlawful
State Fair of Texas banned all firearms, except for some peace officers
Paxton argues the ban violates state law and infringes on Second Amendment rights
Fair officials claim right to set policies as a private organization on city-owned property
Deadline set for 15 days to retract policy before potential legal action

Paxton Challenges State Fair’s Gun Ban

Texas Attorney General Ken Paxton has issued a stern warning to the City of Dallas regarding the State Fair of Texas’ recent firearms policy. The fair, scheduled to run from September 27 through October 20, announced a ban on all firearms, with exceptions for some peace officers. This decision has sparked a heated debate about gun rights and public safety in Texas.

Paxton argues that the ban violates state law and infringes upon the Second Amendment rights of licensed gun owners. He emphasizes that Texas law allows licensed gun owners to carry firearms on government-owned or leased property unless prohibited by state statute. Fair Park, where the State Fair is held, is owned by the City of Dallas and leased to the State Fair of Texas for twenty-five years since 2002.

Texas Attorney General Ken Paxton threatened to take legal action against the city of Dallas if the State Fair does not rescind its recent policy change to ban firearms at the upcoming event. https://t.co/oqlSQDAhCG

— Texas Tribune (@TexasTribune) August 14, 2024

Legal Implications and Potential Consequences

The Attorney General has given the City of Dallas a 15-day ultimatum to withdraw the policy. Failure to comply could result in legal action, including injunctive relief and civil penalties. Paxton mentioned potential fines of $1,000 to $1,500 per day for non-compliance.

“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,” said Attorney General Paxton. https://www.texasattorneygeneral.gov/news/releases/attorney-general-ken-paxton-warns-city-dallas-end-state-fair-firearms-policy-unlawfully-infringing

This stance, however, seems to contrast with a 2016 opinion from the attorney general’s office that allowed the Fort Worth Zoo, a private nonprofit on city property, to ban firearms. The discrepancy has led some legislators to request clarification on how the State Fair fits into previous attorney general opinions on gun bans by private businesses on government property.

Support and Opposition

The Attorney General’s action has garnered support from gun rights advocates and several state lawmakers. A group of 70 state legislators urged the State Fair to reconsider the firearms ban. The National Rifle Association (NRA) and other advocacy groups have also called for the fair to reverse its decision.

“The State Fair of Texas’s recent policy that infringes on LTC holders’ Second Amendment rights is unlawful. Dallas has fifteen days to fix the issue, otherwise I will see them in court.” https://www.texasattorneygeneral.gov/news/releases/attorney-general-ken-paxton-warns-city-dallas-end-state-fair-firearms-policy-unlawfully-infringing

On the other hand, fair officials argue that the ban is intended to create a more family-friendly atmosphere. They claim the right to set their own firearm policies as a private organization, despite operating on city-owned property. The State Fair is currently awaiting guidance from the city on how to proceed.

Safety Measures and Public Concern

The policy change follows a shooting incident at the fair last year, raising concerns about public safety. To address these concerns, the fair plans to implement additional security measures, including cameras at entrances. However, they will not provide lockers or bag checks for larger bags.

As the debate continues, both sides remain firm in their positions. Gun rights advocates argue that allowing licensed carry makes the fair safer, while opponents of the practice believe stricter gun control is necessary for public safety. The outcome of this confrontation could have significant implications for gun policies at public events throughout Texas.