Texas Attorney General Ken Paxton
Texas Attorney General Ken Paxton

The ongoing battle over Texas State Fair officials banning concealed carry during this year’s fair, set to open on September 27 in Dallas, has resulted in a lawsuit.

On Thursday, Texas Attorney General Ken Paxton sued the City of Dallas and the Texas State Fair over the decision, which was a direct turnaround from the previous carry policy. In the lawsuit, Paxton asked the court to grant injunctive relief to prevent the City of Dallas or the State Fair of Texas from enforcing the unlawful ban on firearms. 

“Municipalities cannot nullify state law nor can they avoid accountability by contracting official functions to nominally third parties,” Paxton said in a release announcing the filing. “Neither the City of Dallas nor the State Fair of Texas can infringe on Texans’ right to self-defense. I warned 15 days ago that if they did not end their unlawful conduct I would see them in court, and now I will.”

As some background, on August 8, the State Fair of Texas announced it was changing its weapons policy to prohibit attendees from exercising their right to carry at the event. In the past, licensed concealed carry had been permitted in the park. Since the announcement, pro-freedom lawmakers and AG Paxton have been working to get the decision overturned.

The lawsuit file on Thursday, State of Texas v. City of Dallas, states: “While there are some premises or buildings within Fair Park where a license holder is prohibited … from carrying a weapon, such as certain premises or buildings within Fair Park when they are used for a high school, collegiate, professional sporting or interscholastic events, the vast majority of the 277-acre Fair Park in Dallas is not a place where weapons or firearms are prohibited.”

Also in the filing, the attorney general argued that citizens who were denied their right to carry a concealed handgun at the fair would suffer damage.

“The Texas Legislature recognized the Second Amendment of the U.S. Constitution and also recognized that Section 23, Article I, of the Texas Constitution secures for Texas citizens the right to keep and bear arms and that the Legislature has the power, by law, to regulate the wearing of arms, with a view to prevent crime,” the lawsuit states. “The Texas Legislature passed the Firearm Carry Act of 2021, (H.B. 1927) which was signed by Governor Abbott and became effective September 1, 2021, amending various statutory provisions allowing most people 21 and older to carry a handgun in Texas without a license to carry. Our state government and the political subdivisions of our state, including the City of Dallas and City officials, must respect the actions of our Legislature and allow the unlicensed carry of a firearm on government property unless it is specifically prohibited by law, such as those premises or places identified in Tex. Penal Code Ann. § 46.03.”

In the end, the lawsuit asks the District Court of Dallas County to declare the carry ban invalid before the fair begins on September 27.

“Plaintiff asks the Court to enjoin the defendants from acting outside their legal authority by banning guns and by allowing the police to arrest people who violate the illegal ban,” the complaint states. “The Court should also order defendants to perform the purely ministerial act of allowing people to enter the Park while exercising their constitutional right to carry a handgun and should order the police not to arrest people who exercise their constitutional right to carry a handgun.”

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16 COMMENTS

  1. I have no skin in the game, but it will be entertaining to watch things unfold.

    Of course, unfolding a pillow case is entertaining for me.

  2. Its about time. I like the part about “and by allowing the police to arrest people who violate the illegal ban” but ya know he doesn’t need anything that allows ‘police’ to do that as they already can arrest anyone violating the law just as they do for violations of other laws – but – he can always direct the state level law enforcement agencies to do it even without winning a law suit. State level law enforcement can arrest anyone in the state anywhere in the state who they have probable cause to believe is breaking the law, all that has to happen is for the state AG to say there is probable cause which there would be if the fair tries to enact their ban. So yeah, arrest them and if the anti-gun org’s or their left-wing supports show up to protest bring out the National guard and do to them what they want to do to law abiding gun owners.

  3. And since most if not all the State District Judges in deep blue Dallas County are leftist progressive Democrats, it will be years before the Texas A.G. prevails in the appellate process to the Texas Supreme Court.

  4. From the time of my childhood it was a big event to go to the Texas State Fair each year. In fact local towns had their own day set aside and let out the schools that day so we could attend. That was then.
    Fast forward to the point where gangs began taking over the area around the fairgrounds and attendance went in the sewer. What to do?
    Start by bolstering Dallas Police presence around the area and inside the grounds to the point that even “crows nests” were erected at points around the midway.
    Now, it was safe. But at what cost? I’ll tell you. I took my two children back in 1990 and with parking, tickets, treats and a few rides, it was nearly a $100.
    Can’t imagine 30+ years later, but sounds like the LEOs are still on patrol.
    But not for gangs.

  5. The part that pisses me off the most is the leo exception.

    I guess some animals are more equal than others.

    • The State Fair didn’t graciously grant an exemption to LEO’s, they were forced to because under Texas law, they cannot stop, ban, or prohibit any law enforcement officer, on or off duty, from carrying a firearm, period, end of story. The NFL bans LEO’s from carrying firearms in just about every NFL stadium, but not in Dallas or Houston BECAUSE THEY CAN’T. The only Texas venues that can legally prohibit firearms possessed or carried by law enforcement are U.S. military installations and Federal property such as Federal Courthouses. Your dumb@$$ should know that you won’t have to worry about the presence of very many armed off duty LEO’s at the Texas State Fair because most have better sense than to set foot in the high crime South Dallas hood known as “Fair Park” that has been a war zone for over 4 decades. Your dumb@$$ should also know that the overwhelming majority of Texas Peace Officers fully support and encourage the lawful carrying of firearms by law abiding citizens.

  6. District Court Finds Illinois Public Transit Carry Ban Fails the Bruen Test, Violates Second Amendment. > ww.. w.. .shootingnews.. weekly… com/gun-nation/district-court-finds-illinois-public-transit-carry-ban-fails-the-bruen-test-violates-second-amendment/

  10. I have no problem with a private or public entity taking full responsibility for security at an event, but a large problem with anyone, including schools basing security on a sign banning handguns. Run every entrant through a calibrated magnetometer (metal detector), search every bag, vehicle and item brought into the facility and then your ban has teeth – like walking into the Capital or a Federal Building or a Court House. Other than a full screening, they are paying lip service and patting themselves on the woke back.

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