“Texas Supreme Court denies AG Paxton’s attempt to overturn State Fair of Texas gun ban,” NBC affiliate KPRC 2 reported Thursday. “Paxton had sued to stop the ban, calling the Fair’s policy ‘unlawful,’ citing a state law that largely prevents local governments from restricting firearms on land they own or lease.”
The reason for the denial, per George W Bush/Greg Abbott loyalist Justice James D. Blacklock, is that “the state’s presentation to the court took no position on whether the State Fair of Texas, a private entity, has the legal authority to ban guns from the Fair.” He was joined in his opinion by Chief Justice Nathan Hecht, a Rick Perry designee, and Evan Young, another Abbott pick.
That appears on the surface to be irrelevant because, as Paxton pointed out in his notice to the City of Dallas prior to issuing a formal complaint, “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.” He then gave the city 15 days “to correct course before he [would] file suit to seek injunctive relief and collect civil penalties.”
The bottom line would seem to be the State Fair does not own the land and has no legal authority to ban guns on property it leases. It would seem Blacklock (whose term expires at the end of December) and the rest of the court are doing some legislation from the bench of their own. But it also raises the question of how badly Paxton wanted the win and why he didn’t anticipate considerations cited by the court.
It’s a fair question because Paxton has given gun owners cause for concern before. In 2023, gun maker Ruger “ask[ed] state lawmakers to investigate why the Texas Attorney General’s Office concluded the [Wells Fargo] didn’t discriminate against them.” And the year before, Paxton opposed 18- to 20-year-olds carrying handguns.
Those questions deserve answers, but also in fairness, gun owners can’t discount the good Paxton has done. Per NRA-ILA:
“Under Paxton’s direction, Texas has led or joined a number of coalitions of state attorneys general in filing “friend of the court” briefs supporting the Second Amendment in numerous landmark court cases, including New York State Rifle & Pistol Association v. Bruen… His office has also defended Texas’ campus carry law, enforced Texas’ state firearms preemption statute and issued an opinion preventing local officials from abusing COVID disaster declarations to close gun stores.”
So what do we make of this decision and what will happen going forward, particularly if future filings address the reasons the Texas Supremes gave for punting?
Per Newsweek, “71 state lawmakers and Republican House nominees signed a petition arguing that the new [Texas State Fair] policy…makes folks ‘less safe.’” Will those lawmakers enact a bill to clarify the law? And will Paxton’s office continue to pursue this?
Until something shakes loose, Blacklock et al. are correct when they note “It is a question on which both law-abiding handgun owners and the operators of the State Fair deserve a clear answer.” The problem is, they deserve it now, not later.
The Texas State Fair opened Friday, Sept. 27 and runs through Sunday, Oct. 20. As things stand, it is a mandated “gun-free zone,” with all that implies.
About David Codrea:
David Codrea is the winner of multiple journalist awards for investigating/defending the RKBA and a long-time gun owner rights advocate who defiantly challenges the folly of citizen disarmament. He blogs at “The War on Guns: Notes from the Resistance,” is a regularly featured contributor to Firearms News, and posts on Twitter: @dcodrea and Facebook.
