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The State Fair of Texas, a popular annual event in Dallas, is under intense scrutiny this year due to a new policy prohibiting firearms on the fairgrounds. 

Traditionally, attendees of the State Fair of Texas have been allowed to carry concealed handguns. In 2023 however, three people were shot with firearms brought to the Fair.

Following last year's incident, fair officials have decided to ban firearms from the fairgrounds for the 2024 event, which runs from September 27 through October 20.

The State Fair is a private, not-for-profit organization, and its decision has stirred controversy among gun rights advocates and politicians alike.

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The State Fair of Texas Firearm Policy

 Now, with pressure mounting from Texas Attorney General Ken Paxton and Republican lawmakers, the question arises: Can the State Fair of Texas legally ban guns?

In a written statement, Attorney General Ken Paxton announced that his office is considering legal action if the State Fair does not reverse its firearm ban within 15 days. Paxton argues that this new policy infringes upon the Second Amendment rights of Texans who are licensed to carry firearms, asserting that it violates state law.

Legal Grounds for the Ban

Texas law allows the carrying of handguns with or without a license, though certain restrictions apply. Paxton’s objection primarily focuses on licensed handgun carriers, noting that the State Fair’s firearm ban might be overstepping legal boundaries. 

His office has stated that because the State Fair of Texas operates at Fair Park, which is owned by the city of Dallas, the fair’s firearm ban is unlawful.

Fair Park is managed by Fair Park First, a nonprofit organization, and the State Fair of Texas leases the property from the city for its annual event. According to Texas law, private properties and businesses have the right to prohibit firearms on their premises.

 However, properties owned or leased by governmental entities, like Fair Park, generally cannot bar licensed individuals from carrying handguns unless another law prohibits it. For example, guns are not allowed at certain places like amusement parks or sporting events.

Paxton's office argues that because Fair Park is city-owned, the State Fair cannot enforce its firearm ban on the majority of the park. "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," Paxton said in a statement.

The Debate Over Nonprofit Status

Erin Earp, a state and federal policy attorney for the gun safety advocacy group Giffords, notes that Paxton’s interpretation seems to focus on the fair’s nonprofit status. While private entities, including nonprofits, have the right to prohibit firearms, government entities generally do not.