The entrance to the State Fair of Texas opened this morning with the new firearms policy in place. The policy is still in place due to a rejection made Thursday night. The Supreme Court of Texas refused Attorney General Ken Paxton's third attempt at reversing the policy.
The filing by Justice James D. Blacklock, began with the commentary that the State’s Filings failed to provide adequate legal arguments. “Remarkably, the State’s presentation to this Court takes no position on whether the State Fair of Texas, a private entity, has the legal authority to exclude patrons carrying handguns into the Fair…Instead of arguing that the State Fair lacks the authority to prohibit guns at the Fair, the State instead argues that the City of Dallas may not promote or enforce the State Fair’s prohibition on guns.”
We at TSRA know as much as the Attorney General’s office, that the filings made in all 3 courts throughout this suit have cited the City of Dallas and their involvement as a main source of argument. However, we also know the reason behind this citation, in that due to the fact that the City owns the property that houses the Fair. The Attorney General has argued that Texas legislature comes into effect for what the Fair is allowed to do.
The AG's Petition to the Supreme Court reiterated that fact in the opening paragraph. “The Texas Legislature could hardly have been clearer: “[A] political subdivision of the [S]tate may not take any action ... that states or implies” that a law-abiding Texan “is prohibited from entering or remaining on a premises or other place owned or leased by the governmental entity” just because that person is carrying a handgun. Tex. Gov’t Code § 411.209(a) (emphasis added). Nevertheless, the City of Dallas is attempting to do exactly that. The State Fair of Texas, Inc. (“SFOT”) announced that, for the first time, handgun-license holders may not enter the state fair this year if they choose to exercise their statutorily and constitutionally protected right to carry a firearm. Such a rule cannot be enforced against the state fair’s patrons without the City’s assistance, including by allowing the Dallas Police Department (“DPD”) to enforce the State’s criminal trespass laws.”
The denial by Justice Blacklock goes on to point out an Attorney General Opinion from the past. “An Attorney General Opinion issued in 2016…concluded that a private party in such a position could prohibit guns in this way under Texas law.” The rejection continued to emphasize this point by suggesting the Attorney General should have included more information as to why they are now representing an opposing opinion. “If the AG Opinion was wrong, then surely the party seeking a result at odds with its own publicly stated opinion must at least explain why its opinion was wrong.”
However, the AG Petition did explain the connection (or lack thereof) to the 2016 filing. It spent 431 words detailing the 2016 Opinion called KP-0108. “The opinion is outdated because significant legal changes have occurred since 2016.” Some of these significant legal changes are the 2021 TSRA-involved Legislature that allowed permitless carry. Another is the ruling in 2022 in the U.S. Supreme Court case N.Y. State Rifle & Pistol Ass’n Inc. v. Bruen. The Attorney General had already addressed the prior Opinion, as well as withdrew the Opinion prior to the decision made by Justice Blacklock.
On Friday, Attorney General Ken Paxton issued a Press Release on his website and social media. He announced that the fight for your rights has not ended. “This case is not over. I will continue to fight this on the merits to uphold Texans’ ability to defend themselves, which is protected by State Law…I will be working with the Legislature this session to protect law-abiding citizens’ Second Amendment rights on public property.”
The TSRA PAC Legislative Team will be working on the 2025 Legislature, too. We have a full-time staff dedicated to your legislative and law-abiding needs. We work around the clock to ensure that your rights are defended. To help us do so, please consider a contribution to the TSRA PAC today.