‘Unlawful Infringement’: Texas State Fair Bans Firearms, Prompting Lawsuit Threat from State AG

By: Alex Trent | Published: Aug 15, 2024

Following a shooting that happened last year on the fairgrounds, the State Fair of Texas has decided to implement a no-guns rule before festivities begin this year.

However, the firearm prohibition has drawn ire from gun advocates and state lawmakers. Now, the state’s Republican Attorney General is threatening legal action if the ban is not rescinded.

Ban Announcment

Last week, fair organizers held a news conference where they announced changes to their weapon policy that now disallows licensed concealed carry at the venue.

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A hand gun resting on a wooden fence.

Source: Thomas Tucker/Unsplash

All firearms are now prohibited from being carried to the fair, joining the list of other banned weapons including knives longer than 5.5 inches, explosive devices, ammunition, chemical dispensing devices, and weapon replicas.

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Previous Shooting

At the 2023 state fair, a man opened fire in the food court injuring three people and sending them to the hospital where they later recovered.

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People attending the Texas State Fair.

Source: Donovan Reese Photography/Getty Images

The man told police that he was defending his family and had assumed “defensive mode” after a group of big men approached him.

Ban Rationale

The State Fair of Texas updated its FAQ section in light of the policy change, including a section answering why the ban is important for protecting fairgoer safety.

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A black handgun against a camouflaged background.

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“Every year, the State Fair of Texas has an ongoing safety and security assessment, adding and adjusting security measures to ensure a safe environment for all fairgoers, employees, and vendors. For us to continue offering a safe event for all, we feel this is an important measure to implement,” said an August 8 post on the fair’s website.

Pushback From Critics

Chris McNutt, president of the group Texas Gun Rights, released a statement accusing the fair of endangering guests by taking away their right to defend themselves.

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A gun is laying on a table with bullets laying beside it.

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“This is yet another-feel good measure that does nothing to enhance safety,” McNutt said. “The data consistently shows that ‘gun-free zones’ are dangerous, with 94 percent of mass shootings occurring in these areas. By enforcing this policy, they are essentially asking fairgoers to compromise their safety and become easy targets.”

Wouldn’t Have Helped

McNutt also mentioned that the man who caused the shooting last year was not lawfully carrying the firearm, so even if this policy had been in place before, it would not have prevented the shooting.

An American flag on a pole next to a Texas flag.

Source: Faith Nuckels/Unsplash

“The shooter last year was already breaking the law by carrying a firearm, so disarming law-abiding citizens to improve safety is absurd,” McNutt said.

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Republican Lawmaker Ire

As fury began to build from gun-toting Texans ahead of the fair which draws millions of visitors every year, Republican lawmakers came out to condemn the new policy.

A look up at the Texas Capitol in Austin.

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“As a proud Texan and staunch supporter of the 2nd Amendment, we cannot stand by as the State Fair of Texas enforces a dangerous gun ban. I am among 70 Texas legislators who signed a letter demanding that this policy be rescinded,” wrote state Rep. Cole Hefner in an August 12 X post. “Gun-free zones don’t make us safer—they make us targets. Texans have the right to protect themselves, and this policy runs counter to everything our state stands for. It’s time the State Fair lives up to its reputation as a celebration of all things Texas, including our right to bear arms.”

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Dangerous Gun-free Zones

Representative Terri Leo Wilson joined her Republican colleagues in signing the letter, affirming her belief in the right for Texans to defend themselves.

A person holding a sign to stop gun violence.

Source: Chip Vincent/Unsplash

“I stand with my colleagues in opposing the State Fair of Texas’ gun ban. Seventy signatures strong! Gun-free zones don’t make us safer—they make us targets. Texans have the right to defend themselves,” wrote Wilson.

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Lawsuit Threat

On Wednesday. state Attorney General Ken Paxton wrote a letter to the City of Dallas threatening to sue if they do not force the State Fair to withdraw the policy. A city spokesperson has since confirmed that the letter is under review.

A wooden gavel resting on its sound block beside a document titled 'LAWSUIT' with a pen to its right side on a wooden surface

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“Dallas has fifteen days to fix the issue,” Republican Texas Attorney General Ken Paxton said in a statement. “Otherwise I will see them in court.”

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Second Amendment Infringement

In an August 14 X post, Paxton outlined the motivation for the potential suit, claiming that the rule violated the 2nd Amendment rights of fairgoers.

A black circle zooming in on some writing from the Constitution that says "We the people."

Anthony Garand/Unsplash

“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,” wrote Paxton. “The State Fair of Texas’s recent policy that infringes on LTC holders’ Second Amendment rights is unlawful.”

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Government Event

If the threat of legal action is carried through, the case will likely hinge on how the fair takes place on public property, which may be forced to follow government rules.

A look up at a welcome to Texas sign.

Source: Tim Patterson/Wikimedia Commons

“In 2002, the City of Dallas entered into a twenty-five-year lease with the State Fair of Texas authorizing the nonprofit organization to take control of the governmental function of Fair Park during the twenty-four days of the annual event,” said the attorney general’s office in an August 14 statement.

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Defending the Policy

On Wednesday, fair spokesperson Karissa Condoianis defended the new policy change, which she said has generated “both criticism and praise.”

Many Texas flags hanging up.

Source: Perry Merrity II/Unsplash

“This is the right decision moving forward to ensure a safe environment and family-friendly atmosphere,” Condoianis said. Condoianis pointed to the fact that other large gatherings like sporting events and concerts have similar policies and disputed claims that the fair is a government-controlled entity.

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