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Texas Attorney General Ken Paxton Challenges Firearms Ban at State Fair of Texas to Uphold Second Amendment Rights

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Published on September 27, 2024
Texas Attorney General Ken Paxton Challenges Firearms Ban at State Fair of Texas to Uphold Second Amendment RightsSource: Wikipedia/WhisperToMe, Public domain, via Wikimedia Commons

Texas Attorney General Ken Paxton has taken a bold step in challenging the enforcement of a firearms ban at the State Fair of Texas, which prohibits licensed gun owners from carrying at the event. In a petition filed with the Texas Supreme Court, Paxton seeks to uphold the rights of those permit-holders and prevent the City of Dallas from supporting the ban. According to a release from the Texas Attorney General's Office, the move follows a legal defeat at the district court level and a subsequent denial by the 15th Court of Appeals.

Marking the seriousness with which he approaches the defense of Second Amendment rights, the Attorney General had earlier sent a warning to both the City of Dallas and the fair operators, signaling his intent to litigate against the announced policy from earlier this year. When the fair, which operates at the city-owned Fair Park, moved forward with the ban, legal confrontations ensued. Making the case, Paxton argued in the Texas Attorney General's Office statement, "The City of Dallas and the State Fair of Texas cannot nullify state law by banning firearms."

The issue stems from the relationship between Dallas and the nonprofit organization running the fair, as the city leases the property to the State Fair of Texas for the well-known annual gathering. State law generally allows for licensed gun owners to carry firearms on government-owned or leased property barring specific legal prohibitions, which is a contention point for the firearms ban at Fair Park.

With fervent determination to reverse the lower court's decision, Attorney General Paxton stated to the Texas Attorney General's Office, "And a government entity cannot contract away our rights by offloading this policy to a private entity." Upholding the view that Texans with a license to carry should have the ability to defend themselves, Paxton's legal challenge carries significant implications for similar situations across the state.