Ken Paxton Takes Firearm Ban at Texas State Fair to State Supreme Court

Texas Attorney General Ken Paxton is intensifying his battle against local government officials who, he contends, have unlawfully banned firearms at the Texas State Fair.

Earlier this year, the State Fair of Texas announced a ban on firearms, including those carried by individuals with a license to carry (LTC) permits, in response to a shooting at last year's event that left three people injured.

The City of Dallas owns Fair Park and leases the property to the State Fair of Texas, a nonprofit organization that manages the annual event. Paxton argues that because the property is government-owned, any firearm ban at the fair would violate state law.

In August, Paxton sent a letter to the City of Dallas and the State Fair, asserting that their firearm ban was unlawful and demanding they reverse the policy within 15 days.

“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. “The State Fair of Texas’s recent policy that infringes on [license to carry] holders’ Second Amendment rights is unlawful. Dallas has fifteen days to fix the issue, otherwise I will see them in court.”

After organizers refused to rescind the firearms ban, Paxton filed a lawsuit on Aug. 28 to prevent its enforcement.

“Municipalities cannot nullify state law nor can they avoid accountability by contracting official functions to nominally third parties,” Paxton said of the legal action. “Neither the City of Dallas nor the State Fair of Texas can infringe on Texans’ right to self-defense."

However, District Court Judge Emily Tobolowsky denied Paxton's request for an injunction, leaving the ban in place. Paxton then sought relief from the 15th Circuit Court of Appeals, which also declined to intervene. In response, Paxton petitioned the Texas Supreme Court.

On Sept. 25, just three days before the fair's opening, Paxton filed a petition with the state's highest court, reiterating that the firearm ban was unlawful and arguing that the appeals court had abused its discretion in denying the injunction.

“Texas law prohibits municipalities like the City of Dallas from taking any action that would even imply that an individual licensed to carry a gun under state law may not do so on property the municipality owns,” Paxton explained in the filing.

The Texas State Fair runs through Oct. 21.