AG Ken Paxton says the State Fair of Texas can’t ban guns. Here’s what state law says
Can the State Fair of Texans ban guns?
That’s the question, as the annual event at Fair Park in Dallas faces mounting pressure to reverse a new policy prohibiting firearms at this year’s fair, which runs from Sept. 27 through Oct. 20.
In the past, attendees were allowed to carry concealed handguns. This year, fair officials have said they’re not allowed to carry, a move that comes after three people were shot on the fairgrounds during the 2023 State Fair, sustaining non-life threatening injuries.
The fair, which is a private, not-for-profit organization, has defended the decision, but the change has received push-back from Republican state lawmakers and candidates. Texas Attorney General Ken Paxton has threatened a lawsuit if the decision isn’t reversed within 15 days.
In a news release and a Tuesday letter to Dallas’ interim city manager, Paxton’s office contends that banning guns at the State Fair of Texas violates state law. The policy infringes on the Second Amendment rights of those who are licensed to carry a firearm in the state, Paxton said in a written statement.
But what exactly does the law say?
Texas gun laws
Texas allows the carrying of a handgun with or without a license, but there are restrictions under existing law.
One note: Paxton seems to be focused those who are licensed to carry a handgun, said Erin Earp, a state and federal policy attorney for Giffords, a gun safety advocate group. It does not appear his office is disputing that the State Fair has the right to prohibit people who are not licensed from carrying firearms.
In this case, the the question over whether the State Fair of Texas can ban firearms seems to hinge on its nonprofit status. According to the city’s website, the park is managed by Fair Park First, nonprofit organization, and the State Fair of Texas is also a nonprofit, per its website.
Private properties and businesses are allowed to prohibit the carrying of firearms on their premises, whereas places owned or leased by a governmental entity generally cannot bar the licensed carrying of handguns, unless carrying a gun on the facility is prohibited by another law. For instance, guns aren’t allowed at amusement parks or sporting events.
Paxton’s office argues that the State Fair’s new rule violates state law because the event is held at Fair Park, which is owned by the city of Dallas. Dallas and the State Fair of Texas have a lease agreement authorizing the fair to operate Fair Park during the event,, Paxton said.
A city of Dallas spokesperson said they are reviewing the letter from the attorney general’s office and will respond accordingly.
There are some buildings within Fair Park, such as the Cotton Bowl, where guns aren’t allowed, but that’s not the case for the “vast majority” of the park, the letter from the attorney general office reads.
“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 Wednesday statement. “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.”
But the statement and Tuesday’s letter conflict with a 2016 opinion from Paxton, said Earp with Giffords. The opinion, which is non-binding, was drafted in response to a question about “whether a nonprofit entity that has offices on land owned by a municipality may restrict the licensed carrying of handguns on the property.”
It says that state agencies and political subdivisions can be fined for notifying handgun license holders that guns are prohibited on government property — unless guns are already banned in that place by another law. But that law doesn’t address private entities, like nonprofits, the opinion says.
“As long as the state agency or political subdivision leasing the property to the private entity has no control over the decision to post such notice, the state agency or political subdivision lessor would not be the entity responsible for the posting and would therefore not be subject to a civil penalty,” the opinion reads.
That said, the restricted access may not be enforceable when it comes to prosecuting those who bring a handgun on the premises of a private entity leasing property from the government, the opinion says.
Earp summarized it this way:
“There is a law that says private entities can prohibit firearms on their property,” she said. “There’s also a another law that says that government entities cannot do that, generally speaking. And that this opinion is saying if a private entity like a nonprofit is renting land or property from the government, and if they are the only ones involved in the decision to prohibit firearms, that this AG opinion says that they are allowed to do that, because the statute that prohibits that only applies to government entities.”
The attorney general’s office references the 2016 opinion in its letter to Dallas. Relying on it would be “misplaced” as it relates to the State Fair of Texas, the letter states. It doesn’t elaborate why and Paxton’s office did not immediately return an email seeking comment.
Texas lawmakers seek clarity
Two Texas lawmakers, Sen. Mayes Middleton, a Galveston Republican, and Rep. Dustin Burrows, a Lubbock Republican, asked Paxton a related question on Wednesday in a request for an opinion: Can local governments “create gun bans, that would be otherwise prohibited under the law, by simply working through a 501(c)(3) or other private entity?”
The letter asks about the State Fair of Texas directly and cites a portion of Paxton’s 2016 opinion:
“If a private entity is operating jointly with a governmental entity or has been hired by the governmental entity to perform certain governmental functions, fact questions could arise about which entity effectively posted a notice prohibiting the carrying of guns,” the opinion reads. “However,under the facts you describe, the private, nonprofit entity appears to have an arms-length agreement to lease city property and is not otherwise affiliated with the city.”
The lawmakers question if the State Fair of Texas, as a nonprofit, is “operating jointly with a government entity.”
“Does the entity have ‘an arms-length agreement to lease city property’ with the city of Dallas?” Burrows and Middleton’s opinion request reads.
Both signed a letter from dozens of Republican lawmakers and candidates asking that the fair’s new policy be rescinded.
What has the State Fair of Texas said?
“As a private, not-for-profit organization, the State Fair of Texas leases property from the city of Dallas for its event,” Condoianis said. “The State Fair is not a government entity nor is it controlled by a government entity.”
The fair has received praise and criticism for the new policy, she said, noting that “the State Fair of Texas has long been, and continues to be, a strong supporter of the rights of responsible gun owning Texans.”
The decision to not allow guns came after reviewing the policies of other Texas events and consulting with security partners, Condoianis said. There will be more than 200 uniformed and armed Dallas Police Department officers and State Fair Safety Team members patrolling the grounds, she said.
“It has been suggested that this decision makes the State Fair a ‘gun free’ zone and therefore less safe than before,” Condoianis said. “We disagree with this suggestion. The State Fair has adopted a similar policy to that of most mass community gathering events like athletic competitions, concerts, and other fairs throughout the state and across the nation.”
Fair officials are aware of Paxton’s letter to the city of Dallas.
“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 — a private, not-for-profit organization — and the State Fair’s use of Fair Park under a long-term lease agreement between the two parties,” Condoianis said.
The fair is ready to cooperate with the city as needed, she said.
Star-Telegram reporter Brayden Garcia contributed to this report.
This story was originally published August 14, 2024 at 7:12 PM.
