No More LTC Allowed At Texas State Fair

[SARGE67]

One has to pick their battles. This isn't one recommended because there's nothing to prove.

 

[DoubleDuty]

It violates state law and eventually we will be able to carry at the fair.

 

[ScottDLS]

I'm serious... do we know of a group willing to test it at the gate?

What is there to test? You go to the gate, the metal detectors go off and the private security won't let you in. What are you or the 'group' going to do about it? Rush the gate?

 

[Mohawk600]

I'm serious... do we know of a group willing to test it at the gate?

I also, don't think this would accomplish anything except not being allowed in the fair.

 

[leVieux]

One has to pick their battles. This isn't one recommended because there's nothing to prove.

<>

This sets a terrible precedent, as it encourages politicians & bureaucrats to try more “infringing” !

<>

 

[Renegade]

One has to pick their battles. This isn't one recommended because there's nothing to prove.

A direct violation of written law is a battle you pick to fight.

 

[roadkill]

If you have the money for the potential legal bills as well as the fortitude I wonder if one could get a settlement for having their rights denied, wrongfully arrest/detention, etc.

 

[Rhino]

If you have the money for the potential legal bills as well as the fortitude I wonder if one could get a settlement for having their rights denied, wrongfully arrest/detention, etc.

That's how Open Carry was slowly won in the courts. I saw it happen.

 

[alternative]

What is there to test? You go to the gate, the metal detectors go off and the private security won't let you in. What are you or the 'group' going to do about it? Rush the gate?

A crazy thought, a bunch of 2A people go to the gate open carrying with protest signs, refuse to leave, get arrested and sue for false arrest. Have to have a lot of chutzpah to do that but certainly make a stink and might make some money (or lose a lot) for false arrest lawsuit. Isn't that what CJ Grisham did?

 

[Renegade]

Appeals Court ruled with State Fair and lower court.

Texas Supreme Court is all that is left. Hope he appeals to them so I can properly vote in November.

Does anyone know the actual issue the Fair is arguing? The media is not very good at reporting.

I see 2 possible issues:

1) 30.06/7 does not apply to us.

2) 30.06/7 does apply to us, we are just not going to let anyone in with a gun. This is strategy NFL tried to keep cops out of NFL games.

 

[Renegade]

A crazy thought, a bunch of 2A people go to the gate open carrying with protest signs, refuse to leave, get arrested and sue for false arrest.

How would it be false arrest? You are on property they legally control, you refuse to leave. Slam bang 30.05 arrest. Guns have nothing to do with it.

 

[General Zod]

Appeals Court ruled with State Fair and lower court.

Texas Supreme Court is all that is left. Hope he appeals to them so I can properly vote in November.

Does anyone know the actual issue the Fair is arguing? The media is not very good at reporting.

I see 2 possible issues:

1) 30.06/7 does not apply to us.

2) 30.06/7 does apply to us, we are just not going to let anyone in with a gun. This is strategy NFL tried to keep cops out of NFL games.

They may also claim they're an "educational institution", or an "amusement park".

 

[roadkill]

They may also claim they're an "educational institution", or an "amusement park".

It’s been noted in the suit that the amusement park doesn’t apply due to the number of days in operation per year. So that leaves the educational institution. I’d like to see that one argued in court. How can it apply with the recent law that was passed since none of the schools participating have any control over the property/grounds? Plus you’re serving alcohol at the educational institution. Can’t have it both ways right? The more this drags on the more likely it’s gonna take some clear legislative action to remedy it combined with legal enforcement afterwards.

 

[Renegade]

They may also claim they're an "educational institution", or an "amusement park".

Yeah the law will need a major overhaul if they try to fix it.

They will surely work to meet the Amusement park definition if they dont.

 

[ScottDLS]

How would it be false arrest? You are on property they legally control, you refuse to leave. Slam bang 30.05 arrest. Guns have nothing to do with it.

Technically 30.05 doesn't apply if the reason for denying entry is that you are carrying with a LTC. However, they will simply physically prevent you from entering and you will be arrested for assault if you try to go in.

 

[ScottDLS]

Appeals Court ruled with State Fair and lower court.

Texas Supreme Court is all that is left. Hope he appeals to them so I can properly vote in November.

Does anyone know the actual issue the Fair is arguing? The media is not very good at reporting.

I see 2 possible issues:

1) 30.06/7 does not apply to us.

2) 30.06/7 does apply to us, we are just not going to let anyone in with a gun. This is strategy NFL tried to keep cops out of NFL games.

#2 and this is what Stadiums do for non-statutorily prohibited events like concerts and non-professional/non-scholastic sporting events. NFL games are prohibited by 46.03, so 30.05/6/7 is irrelevant, but the Legislature addressed Peace Officer carry with civil penalties for denying entry.

They'll get right on that for LTC once Dade Phelan is elected Speaker again.

 

[Renegade]

Technically 30.05 doesn't apply if the reason for denying entry is that you are carrying with a LTC. However, they will simply physically prevent you from entering and you will be arrested for assault if you try to go in.

As I wrote guns have nothing to do with it. Leave your gun in car if you want, you are still getting trespassed and it will not be a false arrest.

 

[Renegade]

#2 and this is what Stadiums do for non-statutorily prohibited events like concerts and non-professional/non-scholastic sporting events.

That is what I am thinking.

Only .gov owned stadium I have ever been in is Cotton Bowl and that was 30+ years ago for Stones concert. Pre-dating CHL/LTC. The rest are private and can put up 30.0x.

 

[roadkill]

Those other stadiums are not private. They are owned by the counties generally and run by private management companies putting them in a very similar situation at the state fair. You can look them up on the appraisal district maps and see that they are owned by the county.

 

[ScottDLS]

As I wrote guns have nothing to do with it. Leave your gun in car if you want, you are still getting trespassed and it will not be a false arrest.

The thing is 30.05 doesn't apply at all of the reason for your exclusion is the gun, so you can't be charged with it, since it's obvious the reason they are denying entry is your gun. They will simply physically prevent your entry. Of course, you can't be trespassing if you can't get in. There will be no arrest unless you use force against security to enter, which would be assault.