State Fair of Texas: A Recap to Date
What Has Happened
On August 8, 2024, the State Fair of Texas issued a
press release that included a change to its weapons policy. Going forward, they would prohibit attendees “from carrying all firearms, knives that are prohibited according to state law, clubs, explosive devices, ammunition, chemical dispensing devices, replicas or hoaxes, or other weapons of any kind”. In other words, they will prohibit you from exercising your Right-to-Carry at their events.
The announcement came with an additional warning; “Guests will be channeled through weapons detection technology which screens for dangerous weapons in the presence of a licensed and trained security officer.”
This change came on the heels of an incident at the 2023 State Fair, in which a patron without an LTC entered the fairgrounds with a firearm on his person. He shot at another man during a dispute on the fairgrounds and injured three people. Our hearts go out to those who were affected by this tragedy. But we stand by our mission statement to champion and support the rights of law-abiding Texans. The actions of a wrongdoer do not equal punishment for those who follow the law. Those actions do not allow anyone to take away our rights.
What are the Legal Issues
The State Fair of Texas is a private, not-for-profit entity. Under Texas law, “a political subdivision of the state may not take any action, including an action consisting of the provision of notice by communication described by Section 30.06 or 30.07, Penal Code, that states or implies that a license holder who is carrying a handgun under the authority of this subchapter is prohibited from entering or remaining on a premises or other place owned or leased by the governmental entity unless license holders are prohibited from carrying a handgun on the premises or other place by Section 46.03, Penal Code, or other law.” The State Fair of Texas is not a political subdivision of the state. However, the City of Dallas, a governmental entity, owns Fair Park. The location is leased to the State Fair to use as the fairgrounds.
Texas law has specific properties where firearms are typically prohibited. These locations tend to include:
· A school or educational institution,
· A polling place on the day of an election or during early voting,
· A government court or offices utilized by the court,
· A secured area of an airport,
· On the premises of a mental hospital,
· And more.
What Action Has Been Taken
TSRA was one of many to spring into action to protect these rights.
TSRA-endorsed Chairman Dustin Burrows (R-Lubbock)
issued a letter where he criticized the actions of the State Fair. His letter got over 70 signatures. The letter was addressed to the Board of Directors of the State Fair of Texas and encouraged them to rescind their policy.
Our Attorney General was all over the issue. Ken Paxton addressed the policy change in a letter to the City of Dallas.
His letter called the actions unlawful. The letter gave the City of Dallas 15 days to correct the policy. After those 15 days, the AG’s office will file suit if the policy has not been corrected.
The AG suit will include seeking injunctive relief and collection of civil penalties. These penalties protect License to Carry holders. They would be more than $1,000 and less than $1,500 for the first violation. They would be more than $10,000 and less than $10,500 for the second and additional violations. For each day that the violation continues, the day would count as a separate violation. These penalties were introduced into Texas law during the 2015 Legislative Session, in SB273. TSRA worked diligently on this bill during the 2015 Session, as well as the other legislation that is relevant to the cause now.
On August 26, 2024, the NRA-ILA cited these
TSRA and NRA-backed bills (SB 501, 2003, SB 273, 2015, HB 3231, 2019) in a brief. We fully back the
NRA’s brief as they were able to get it to the Texas Attorney General promptly. The brief was issued to the Texas Attorney General about the State Fair of Texas. Their findings are equal to that of TSRA: the State Fair cannot prohibit LTC holders from carrying on the grounds of the State Fair.
What Happens Next
The 24-day State Fair of Texas is scheduled to open on September 27, 2024. Our legislative team is monitoring the response from the State Fair and the City of Dallas and is watching for the suit by the Attorney General if the policy is not rescinded. Our team is also in close communication with the NRA and will be kept informed as to the status of their brief.
We have encouraged outreach to the State Fair and encourage you to continue to do so. You can communicate with the State Fair by phone (469-945-FAIR) or email (
info@bigtex.com) to let them know that you do not support their decision. We are making our voices heard, and hope you will do the same.
As always, we at TSRA will continue to stand up for your rights and keep you informed of those trying to take them away.