No More LTC Allowed At Texas State Fair

[TXAZ]

I haven't been to the Texas State Fair in almost 50 years.

Similar. Went once ~ 20 years ago, very unlikely to go back.

 

[toddnjoyce]

You clearly have no clue how hard the NRA has worked in Texas over the past twenty years. ….

Lemme go get Cotton.

 

[Hoji]

I've been actively involved in Texas gun rights for about ten years now. I can 100% state that is not true in Texas. Would you like to see the number of times NRA has testified in Austin compared to ALL the other gun groups out there? I can guarantee you NRA andTSRA (working together) have done more than ALL of the other gun groups in Texas. Talk is cheap... showing up and testifying is what gets results.

 

[PracticalCarry]

I have a subscription to ChatGPT and they have an AI Lawyer thing. So I asked it. The answer seems legit but, hey, it's a computer's opinion. Sharing anyhow because it seem to line up with what we teach in the LTC classes from Texas State Handgun Association's deck.

Application to Your Scenario:​

If a private entity leases a state-owned facility, the entity may attempt to prohibit firearms by posting § 30.06 or § 30.07 signs. However, the enforceability of such a prohibition depends on:

• Whether the lease agreement grants the lessee the authority to impose such restrictions.
• Whether the state-owned facility falls under any exceptions where firearm carry is explicitly permitted or prohibited by law.

In many cases, state-owned facilities might be subject to general state rules that limit or dictate firearm policies, meaning the lessee's ability to enforce a firearm prohibition could be limited.

Conclusion:​

The leasing entity might have some authority to prohibit firearms, but this authority is contingent on the specific lease agreement and the nature of the state-owned facility. It's advisable for the leasing entity to consult legal counsel to ensure compliance with Texas laws and the terms of the lease.

For a definitive answer tailored to a specific situation, reviewing the lease agreement and consulting with a legal expert in Texas property and firearm law is highly recommended.

 

[roadkill]

It’s very simple. The state cannot convey rights it doesn’t have. However the AG probably will not go after the entity for the posting. If yall really want to know what will happen or how it will be handled start communicating with the PD and sheriffs office and possibly DPS. They’ll be the one’s that will be arresting and handling the situation. I had to have this conversation with the corpus PD about the appraisal district and the off duty officers there. It took a long time, like almost a year to get results. In the end it was decided that the pd officers there would not enforce the appraisal districts gun policy since it was in violation of state law. After their contract was up the following year there was no more off duty CCPD officers there. NCAD had them there to stop carry and in the end I neutered their attempt. The following year the pd officers only asked to see LTC then the private security guys mirrored you everywhere. Really comical.

It’s probably too late to stop the state fair this year barring help from the AG or a state rep. To stop this I believe it’s best to go to the enforcing agency and advise them that they will be violating state law. Get that conversation started now. Let them get their legal team investigating it prior to the event.

 

[FireInTheWire]

You need it more entering/leaving the area. The fair itself is pretty safe.

I was about to say the same thing...

 

[Bad Hombre]

Why would you have needed an LTC anyway since Texas is an open carry state now.

 

[TAZ]

Wait. People still voluntarily go to crappy parts of town to consume junk food and watch folks get drunk…. Interesting.


Sent from my iPhone using Tapatalk

 

[dsgrey]

I have a subscription to ChatGPT and they have an AI Lawyer thing. So I asked it. The answer seems legit but, hey, it's a computer's opinion. Sharing anyhow because it seem to line up with what we teach in the LTC classes from Texas State Handgun Association's deck.

Application to Your Scenario:​

If a private entity leases a state-owned facility, the entity may attempt to prohibit firearms by posting § 30.06 or § 30.07 signs. However, the enforceability of such a prohibition depends on:

• Whether the lease agreement grants the lessee the authority to impose such restrictions.
• Whether the state-owned facility falls under any exceptions where firearm carry is explicitly permitted or prohibited by law.

In many cases, state-owned facilities might be subject to general state rules that limit or dictate firearm policies, meaning the lessee's ability to enforce a firearm prohibition could be limited.

Conclusion:​

The leasing entity might have some authority to prohibit firearms, but this authority is contingent on the specific lease agreement and the nature of the state-owned facility. It's advisable for the leasing entity to consult legal counsel to ensure compliance with Texas laws and the terms of the lease.

For a definitive answer tailored to a specific situation, reviewing the lease agreement and consulting with a legal expert in Texas property and firearm law is highly recommended.

All they would need to do is consider one area an educational facility, just like the Dallas and Ft Worth zoos. They could have someone do a 5 minute educational tour of barnyard animals to children and probably get away with the designation.

 

[Lonesome Dove]

It's a fkn Fair full of scum low life people, high dollar shit but good tasting food, over priced everything else, cheap dangerous rides, lot's of good looking and or sexy woman well at least about 1/4 of them.

Did I mention Corn dogs yeah they are fkn Awesome! Parking sucks, traffic sucks, it's always during a heat wave oh that makes the woman look better cuz they dress skimpy, anyway either go and leave your gun at home while enjoying gbthat corn dog with mustard and enjoy or don't go and keep your gun handy while eating a PBJ.

9Pretty fukin easy. Yeah yeah it's all about the 2A thing. We'll guys it's 2024 and 2025 is only a few months away. Shit has changed and will only get worse history has pretty much proven that.

 

[popper]

Wnt once in 71 IIRC, never been back. Phelan endorsed by NRA? Sounds about right, glad I dropped my membership long time ago.

 

[AKM47]

Did I mention Coon dogs yeah they are fkn Awesome!

FIFY

 

[SQLGeek]

I hate it for those who patronize such events.

Exactly my take.

 

[SQLGeek]

You need it more entering/leaving the area. The fair itself is pretty safe.

That is always the issue with these events. I'm not necessarily worried about being armed there, it's being in transit and securing the gun.

 

[roadkill]

All they would need to do is consider one area an educational facility, just like the Dallas and Ft Worth zoos. They could have someone do a 5 minute educational tour of barnyard animals to children and probably get away with the designation.

Previously they had in their faqs that carry was allowed except inside the barns with animals. So they are aware of the law. However I find it hard to consider it a school related activity can walk around with a beer at the school activity. I suppose UIL is ok with alcohol at all their events right?

 

[Coyote9]

This is governed by State Law so it will be interesting to see how they get around it and what Paxton does.



They changed their rules today.
Saw a story on the news and this is now posted on the fair website FAQ:

CAN I BRING ANY WEAPONS INTO THE FAIR?
The State Fair of Texas prohibits fairgoers from carrying all firearms, knives with blades over 5.5 inches long, clubs, explosive devices, ammunition, chemical dispensing devices, replicas or hoaxes, or weapons of any kind. This includes concealed carry and open carry of firearms anywhere on the fairgrounds including Cotton Bowl Stadium. This policy does not include elected, appointed, or employed peace officers.

How will the State Fair enforce this new policy?

The State Fair is working diligently with its security partners to plan for the implementation of this policy.
Security team members will receive ample training to enforce this new policy. In addition, the State Fair has made significant financial investments in the security technology OPENGATE ® – a innovative Weapons Detection System designed for screening people as well as their bags. OPENGATE is one piece of the overall security screening process at every entry gate.
How is the weapons policy different from last year?

Previously, our weapons policy allowed licensed concealed carry. Now it does not.

Why did the Fair change its weapons policy?

Every year, the State Fair of Texas has an ongoing safety and security assessment, adding and adjusting security measures to ensure a safe environment for all fairgoers, employees, and vendors. For us to continue offering a safe event for all, we feel this is an important measure to implement.

I don't have a problem with this or not allowing weapons into Cowboy or Texan football games, I don't want to around armed Philly Fans!

 

[carlson1]

WELL SPOKE TO INVESTIGATOR JONES TODAY. Well here is the answer. “We don’t know for sure at this time. There have many many who have called our office. It appears that because of the public incident the City of Dallas received a waiver from the AG Office to allow only police and retired Police to carry there.”

So much for having a law and a so-called “second amendment AG.”

 

[SQLGeek]

Waitaminute, the AG can just choose to waive any law he so chooses?

Something is rotten in the state of Denmark.

 

[Salty]

Well. I just emailed the to see what their justification was instead of speculating. Here is the official response:


Thank you for your inquiry. The State Fair of Texas is—and always has been—a private entity. As a private, not-for-profit organization, the State Fair of Texas leases property from the City of Dallas for its event. The State Fair is not a government entity nor is it controlled or supported by a government entity.



The State Fair of Texas has long been, and continues to be, a strong supporter of the rights of responsible gun owning Texans. For that reason, the Fair has long allowed State Fair attendees with a valid Texas License to Carry (LTC or fka, CHL (concealed handgun license)) to carry their handguns while at the Fair (except for locations prohibited by law). After carefully considering the issue and reviewing the policies of similar Texas events, the State Fair has decided to prohibit open and concealed carry at the fairgrounds. This decision is consistent with an August 9, 2016 opinion letter issued by Texas Attorney General Ken Paxton, in which the Attorney General confirmed that the law which prohibits the government from banning handguns from most government property (Texas Government Code 411.209) applies only to bans implemented by the government and does not override the rights of a private entity that happens to operate on property leased from the government. In that situation, the private entity is no different than any other business operating on private property.



We know that this is an important issue for many Texans, and that the Fair’s decision may disappoint potential fairgoers who regularly and responsibly practice License to Carry or Constitutional Carry. However, the Fair strongly believes that this is the right decision moving forward to ensure a safe environment and family-friendly atmosphere. The State Fair of Texas works with DPD, DFR, DART Police, DISD Police, regional, state, and federal partners as well as private security partners to help keep fairgoers, employees, and vendors safe. While each of these entities focus on ensuring a safe and family-friendly environment at the State Fair of Texas, we also ask that everyone remain “Fair Aware.” If you see something that doesn’t look right on the fairgrounds, please say something to a uniformed police officer or State Fair Safety Team member. Let’s all do our part to keep the State Fair safe.



Thank you,

 

[kbaxter60]

"the public incident"?