Estimated Time to Read: 5 minutes
Update: Late on Thursday, September 26, the Supreme Court of Texas denied Attorney General Ken Paxton’s writ of mandamus, which sought to halt the implementation of the State Fair of Texas’ firearm ban. The fair is scheduled to begin on Friday, September 27.
Texas Attorney General Ken Paxton (R) has taken his legal battle over the State Fair of Texas’ controversial firearms ban to the state’s highest court. Following an earlier court ruling upholding the State Fair’s decision to prohibit firearms at its 2024 event, Paxton has filed an emergency appeal with the Texas Supreme Court, challenging what he calls an “unlawful” restriction on Texans’ constitutional rights.
Brief Background
The dispute centers on the State Fair of Texas’s decision to ban both open and concealed carry of firearms, even for licensed individuals, at its 2024 event. The decision was made in response to a shooting that occurred at last year’s fair.
However, Paxton argues that the fair, held on public property, cannot legally prohibit firearms under Texas law, particularly the state’s 2021 “constitutional carry” legislation. This law, passed by the Texas Legislature, allows most Texans to carry firearms without a permit. Paxton contends that the State Fair’s gun ban violates both state and federal constitutional protections, including the Second Amendment.
Legal Saga Timeline
- August 8: Texas State Fair issues press release announcing a ban on firearms t its event
- August 12: A joint letter signed by 70 incumbent and incoming state lawmakers was sent to the fair’s governing board, urging them to rescind the ban.
- August 13: Texas Attorney General Ken Paxton sent a letter to the City of Dallas threatening legal action if the State Fair does not reverse its firearms ban.
- August 29: Paxton filed a lawsuit against the City of Dallas for unlawfully prohibiting firearms from the Texas State Fair.
- September 19: A Dallas County district court judge denied Paxton’s request for an injunction via his lawsuit against the firearms ban
- September 23: Paxton filed an appeal with the 15th Court of Appeals, asking the court to prevent the City of Dallas and the State Fair of Texas from imposing a firearms ban on government-owned property in violation of Texas law.
- September 24: The 15th Court of Appeals unanimously denies Paxton’s request for an injunction to block the firearms ban.
- September 25: Paxton files a petition for writ of mandamus in the Texas Supreme Court to prevent the City of Dallas from assisting the State Fair of Texas in enforcing a firearms ban.
The Broader Legal Debate
Paxton’s legal challenge against the State Fair is part of a larger, ongoing debate over gun rights in Texas, a state known for its strong support of the Second Amendment. Since the passage of the “constitutional carry” law in 2021, many private and public entities have sought to regulate where and when firearms can be carried. This legal gray area has resulted in numerous court cases that test the boundaries of state law.
Adding complexity to the case is Paxton’s recent decision to withdraw a 2016 legal opinion that had granted nonprofit organizations the ability to prohibit firearms in certain circumstances.
Gun rights advocates argue that the State Fair’s firearms ban undermines both the spirit and the letter of Texas’ gun laws. On the other side of the debate, proponents of the ban insist that public safety must be prioritized, particularly in light of recent mass shootings at large public gatherings.
The outcome of Paxton’s appeal could have a significant impact on how firearm policies are handled at future public events in Texas, potentially setting a legal precedent that could affect similar disputes across the state
Paxton’s Statement to the Texas Supreme Court
In his official press release, Paxton reiterated his stance on the issue:
“The State Fair of Texas and the City of Dallas do not have the authority to unlawfully prevent law-abiding Texans from exercising their constitutional right to carry firearms on public property…he state’s constitutional carry law makes it clear that Texans have the right to carry in public spaces, and the State Fair’s attempt to circumvent this law is both illegal and dangerous.”
Paxton emphasized that public events, such as the State Fair, should not create “gun-free zones” that leave attendees vulnerable. He argued that banning firearms does not make the environment safer but instead creates an opportunity for criminals, leaving law-abiding citizens defenseless.
In his appeal to the Texas Supreme Court, Paxton is seeking a ruling that will strike down the firearms ban and uphold the rights of licensed gun owners to carry firearms on public property. The urgency of the appeal is heightened by the fast-approaching opening day of the State Fair on September 27, 2024.
Conclusion
The legal fight between Texas Attorney General Ken Paxton and the State Fair of Texas over the firearms ban highlights a crucial moment in the fight for Second Amendment rights in Texas. As the State Fair of Texas prepares to open its gates, the legality of its firearms ban remains in question. Paxton’s appeal seeks to ensure that Texans can exercise their constitutional right to carry firearms on public property, and the outcome of this case will shape the future of gun laws at public events in Texas.
Texas Policy Research relies on the support of generous donors across Texas.
If you found this information helpful, please consider supporting our efforts! Thank you!
