State Fair of Texas Announces Right-to-Carry Ban

On August 8, the State Fair of Texas announced that it is changing its weapons policy to prohibit attendees from exercising their Right-to-Carry at the event. A press release noted,

As a private not-for-profit organization, the State Fair of Texas prohibits fairgoers 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. This includes Holders of a License to Carry, Constitutional Carry, Concealed Carry, and the Open Carry of firearms anywhere on the fairgrounds including Cotton Bowl Stadium.

The item also warned,

Guests will be channeled through weapons detection technology, which screens for dangerous weapons in the presence of a licensed and trained security officer.

This is a departure from policy which governed last year's fair, where licensed concealed carry was permitted in Fair Park. 

Gun owners shouldn’t disregard this ban. Nevertheless, the State Fair of Texas’ move does raise serious questions about the legality of firearm prohibitions on government property.

As the State Fair of Texas noted in its press release, it is a private not-for-profit entity. However, the City of Dallas owns Fair Park, which it leases to the State Fair of Texas to operate the fair.

Texas law enumerates the types of government property on which firearms are prohibited (Penal Code § 46.03). Moreover, state agencies and political subdivisions that wrongfully exclude law-abiding gun owners are subject to fines (Government Code § 411.209). Texas’ firearms preemption statute also restricts localities from enacting their own firearm restrictions (Local Government Code § 229.001). 

We thank the coalition of state lawmakers and candidates running for Texas House who sent a letter to the State Fair of Texas asking them to rescind this misguided policy and suggesting legislation may be needed to address gun-free zones on public property.  NRA-ILA will continue tracking developments on this situation, with the state fair set to begin on September 27.

In the meantime, please contact the Texas State Fair via phone 469-945-FAIR or email [email protected] to let them know you disagree with their “No Firearms” policy because gun-free zones don’t make Texans any safer.