Judge allows Texas State Fair’s gun ban to stay in place

A Dallas judge denied the Office of the Attorney General’s (OAG) request for a temporary injunction against the State Fair of Texas’ new rule prohibiting the carrying of firearms at its 2024 event.

The OAG sued the City of Dallas and the State Fair, a nonprofit organization that runs the operations, alleging a violation of Second Amendment rights and the state “constitutional carry” law passed in 2021. The temporary injunction request is meant to pause the rule until the court considers the full merits of the argument over the policy.

The state contended that the organization could not prohibit firearm carry on public grounds, as per the 2021 law.

Dallas and the State Fair argued that because the organization is a private nonprofit, it may set access policies regarding firearms. The judge sided with the city and nonprofit.

During the arguments, the counsel for Dallas pointed repeatedly to a 2016 legal opinion signed by Attorney General Ken Paxton that made room for such nonprofits to prohibit firearm carry in certain circumstances. But last week, the OAG withdrew that opinion — a very rare occurrence. The withdrawal signaled the coming of a new, more forceful opinion to come backing the state’s case here.

The State Fair’s decision has sparked a summer-long standoff between state Republicans and Dallas’ Democratic-run government. The rule was issued due to a shooting at last year’s event wherein three individuals were shot; none died from their injuries.

The OAG is expected to appeal the ruling quickly, as the event is scheduled to begin on September 27. With time at a premium, the OAG will appeal the request for a temporary injunction to the state’s new 15th Court of Appeals, and the Texas Supreme Court after that if need be.

The 15th Court of Appeals was created by the Legislature last year to get around the 3rd Court of Appeals, seated in Austin, which has become an unfriendly venue for the state and the conservative laws it’s passed. The new court of appeals has sole discretion over any legal challenge involving the state.