The controversy over fair officials banning the concealed carry of firearms during the upcoming Texas State Fair continues to get more heated.
In the latest development, the NRA Institute for Legislative Action (ILA) submitted a brief to state Attorney General Ken Paxton (R) as an interested party in the matter of the opinion request sought by State Rep. Dustin Burrows (R) and State Sen. Mayes Middleton (R).
As some background, on August 8, the State Fair of Texas announced it was changing its firearms policy to prohibit attendees from exercising their right to carry at the event. In the past, licensed concealed carry had not been restricted during the State Fair. Since the announcement, pro-freedom lawmakers and AG Paxton have been working to get the decision overturned.
In its brief submitted to Paxton, NRA-ILA pointed out that Texas lawmakers already have laws in place to keep cities from instituting restrictive measures.
“The Texas Legislature has enacted a robust statutory scheme protecting the rights of law-abiding individuals to generally carry throughout the state for the defense of themselves, their families, and communities,” the brief stated. “This scheme enumerates specific public property where firearms may be prohibited and makes clear that political subdivisions may not expand upon these locations.”
As the brief explained, the State Fair of Texas’ firearm prohibition implicates Fair Park, which is public property owned by the City of Dallas.
“Therefore, the firearm prohibition raises serious questions about the extent to which an ostensibly private actor may restrict firearms at an event held on public property,” the brief stated.
Prior to being asked by lawmakers for an official opinion, Paxton had already weighed in on the matter, advising fair officials that the new policy violated state law and that he would sue the city of Dallas if the ban wasn’t quickly rescinded.
According to Paxton’s office, in 2002, the City of Dallas entered into a 25-year lease with the State Fair of Texas authorizing the nonprofit organization to take control of the governmental function of Fair Park during the 24 days of the annual event. Consequently, the new carry rule directly violates state law, which permits gun owners with a License to Carry (LTC) to lawfully carry in places owned or leased by governmental entities unless otherwise prohibited by state law.
“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. “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.”
Since Paxton’s letter to fair officials was sent on August 13, it’s likely that his office will file a lawsuit in the matter any day now.
Just four days after the announcement of the ban, a group of 71 Texas House Republicans and Republican House nominees sent a letter to the fair board of directors urging them to rescind the misguided policy, which runs afoul of both state law and Texas values and common sense.
“We, the undersigned, write to you today, encouraging you to rescind your policy which bans law-abiding citizens from carrying firearms at the State Fair of Texas,” the letter stated. “While it may be that your new policy placates some, the result will make your patrons less safe.”
As the lawmakers and nominees explained, violent criminals often target areas where lawful citizens are not allowed to carry their firearms and the move by fair officials to ban carry would render the Texas State Fair such an area.
“Gun-free zones are magnets for crime because they present less of a threat to those who seek to do evil,” the letter stated. “Law-abiding citizens in the United States use firearms daily to defend themselves against criminals. Recent tragedies have demonstrated the sad reality that you can die while waiting on law enforcement to save your life. Those who choose to assume responsibility for their own safety understand this harsh reality.”
This year’s Texas State Fair is set to run September 27 through October 20.
