Ken Paxton threatens to sue City of Dallas over State Fair of Texas gun policy
DALLAS - Texas Attorney General Ken Paxton has threatened to sue the city of Dallas if they don't take steps to make the State Fair of Texas reverse a new policy banning guns from the fairgrounds.
Last week, the State Fair announced that guns would be banned at this year's fair, with an exception for credentialed active and retired peace officers.
In the past, the fair allowed licensed gun owners to carry weapons.
The State Fair of Texas leases Fair Park from Dallas during the 24 days of the event.
In a letter to Dallas Interim City Manager Kim Tolbert, Paxton says the new gun policy violates state law since Fair Park is city-owned.
"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," said Paxton in a statement. "The State Fair of Texas’s recent policy that infringes on LTC holders’ Second Amendment rights is unlawful."
Paxton says the city of Dallas has 15 days to make the State Fair of Texas withdraw its statement on the policy. If that doesn't happen, he says he will file a lawsuit.
Paxton's letter comes just days after 70 state lawmakers signed a letter claiming the new policy will make the fair more dangerous.
The State Fair argues its status as a private, not-for-profit organization allows for them to ban guns.
The fair is standing by its policy change, pointing out there are hundreds of armed police and security patrolling the event.
"We are aware that the Texas Attorney General’s Office sent a letter to the City of Dallas about the recent announcement concerning firearms at the annual State Fair. It appears from the letter that the Attorney General’s Office is seeking clarification regarding the City’s relationship with the State Fair of Texas – a private, not-for-profit organization – and the State Fair’s use of Fair Park under a long-term lease agreement between the two parties. We have not spoken with the city yet but stand ready to cooperate with them, as needed," said the State Fair of Texas in a statement on Wednesday.
Wednesday afternoon, a city of Dallas spokesperson released a statement saying, "We are reviewing the letter from the Texas Attorney General’s Office and will respond accordingly."
Allen Chandler is a former Dallas prosecutor not connected to the case. He’s now a defense attorney and firearms instructor.
Texas lawmakers urge State Fair of Texas to reverse gun ban
About 70 state lawmakers signed a letter claiming the State Fair of Texas' new policy banning guns will make the fair more dangerous.
"I think Paxton is going to be successful in the lawsuit, quite frankly," he said.
Chandler believes the public ownership of the property will be the prevailing argument.
"The state is coming in and saying, A, you are doing something that hasn't been done before. They did this for many years. And B, you have to be able to articulate why this person is going to be disarmed because there is a fundamental right to defend yourself," he said.
Other Texas events like the Houston Livestock Show and Rodeo, San Antonio Livestock Show and Rodeo and Rodeo Austin have similar bans to the one by the State Fair.
Last year, a gunman shot and injured three people inside the fair’s food court.
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State Fair of Texas shooting suspect told police he felt threatened, went into 'survival mode,' documents say
Arrest affidavits obtained by FOX 4 are shedding new light on what happened leading up to the shooting at the State Fair of Texas that injured three people over the weekend.
The suspect, Cameron Turner, was not licensed, and police say he somehow got the gun past security, despite a new metal detection process.
The State Fair of Texas still hasn’t revealed how he got the gun through security but did reveal he did not have a license to carry it. He’s set to go on trial in late October.
The State Fair of Texas begins on Sept. 27.