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.
Earp explains that there is a legal distinction between private and governmental entities when it comes to firearm restrictions.
