Re: Texas State Fair Carry Rules
Posted: Thu Aug 08, 2024 5:44 pm
I hope you are right, sir. Just reporting what channel 4 website story is saying.
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I hope you are right, sir. Just reporting what channel 4 website story is saying.
I hope I am right too. My wife and I go every year. It is something we have always looked forward too, but no gun no travel. It will be interesting to see how they enforce their unenforceable policy.barnett wrote: Thu Aug 08, 2024 5:44 pmI hope you are right, sir. Just reporting what channel 4 website story is saying.
Rodeos are typically off limits because they likely meet the statutory definition of a professional sporting event. But I thought that would only apply to the building/arena the event takes place in. I suspect part of the reason for the change in policy isCan 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.
Other events like the Houston Livestock Show and Rodeo, San Antonio Stock Show and Rodeo, and Rodeo Austin follow similar weapons policies as well.
If there are signs posted I think that's the evidence necessary to file a complaint with the City of Dallas, which owns it, and then the AG if Dallas doesn't comply. I may be wrong, but I think there are posts about the process here on the forum.ajwakeboarder wrote: Fri Aug 09, 2024 5:13 pm I’m filing a complaint with the AGs office. I’d encourage yall to do the same. They tried this same argument at the Ft. Worth Botanical Gardens a few years ago and were struck down.
Edit: looks like I won’t be able to file until I’m actually turned away at the gate…
AG Waivers should be required to be published and displayed at the location where the waiver is in effect.carlson1 wrote: Fri Aug 09, 2024 11:14 am WELL SPOKE TO INVESTIGATOR JONES TODAY. Well here is the answer. “We don’t know for sure at this time. There have been 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 only to carry there. So if I was you I just wouldn’t carry there and just follow their instructions.”
So much for having a law and a so-called “second amendment AG.”
Penal Code sections 30.06(e) and 30.07(e) specifically say that it is an exception if the property is owned or leased by the government.Rex B wrote: Sat Aug 10, 2024 8:49 am I am in an email discussion with the KERA reporter who wrote their story on this. Can anyone help me find the stature that prohibits firearms bans on govt/publicly owned property, regardless of what organization is using it at the time?
I would ask what authority the AG has to waive any law.RottenApple wrote: Sat Aug 10, 2024 9:36 amAG Waivers should be required to be published and displayed at the location where the waiver is in effect.carlson1 wrote: Fri Aug 09, 2024 11:14 am WELL SPOKE TO INVESTIGATOR JONES TODAY. Well here is the answer. “We don’t know for sure at this time. There have been 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 only to carry there. So if I was you I just wouldn’t carry there and just follow their instructions.”
So much for having a law and a so-called “second amendment AG.”
Sec. 411.209. WRONGFUL EXCLUSION OF HANDGUN LICENSE HOLDER. (a) Except as provided by Subsection (i), a state agency or a political subdivision of the state may not take any action, including an action consisting of the provision of notice by a communication described by Section 30.06 or 30.07, Penal Code, that states or implies that a license holder who is carrying a handgun under the authority of this subchapter is prohibited from entering or remaining on a premises or other place owned or leased by the governmental entity unless license holders are prohibited from carrying a handgun on the premises or other place by Section 46.03, Penal Code, or other law.
(b) A state agency or a political subdivision of the state that violates Subsection (a) is liable for a civil penalty of:
(1) not less than $1,000 and not more than $1,500 for the first violation; and
(2) not less than $10,000 and not more than $10,500 for the second or a subsequent violation.
(c) Each day of a continuing violation of Subsection (a) constitutes a separate violation.
(d) A resident of this state or a person licensed to carry a handgun under this subchapter may file a complaint with the attorney general that a state agency or political subdivision is in violation of Subsection (a) if the resident or license holder provides the agency or subdivision a written notice that describes the location and general facts of the violation and the agency or subdivision does not cure the violation before the end of the third business day after the date of receiving the written notice. A complaint filed with the attorney general under this subsection must include evidence of the violation and a copy of the written notice provided to the agency or subdivision.
(e) A civil penalty collected by the attorney general under this section shall be deposited to the credit of the compensation to victims of crime fund established under Subchapter J, Chapter 56B, Code of Criminal Procedure.
(f) Before a suit may be brought against a state agency or a political subdivision of the state for a violation of Subsection (a), the attorney general must investigate the complaint to determine whether legal action is warranted. If legal action is warranted, the attorney general must give the chief administrative officer of the agency or political subdivision charged with the violation a written notice that:
(1) describes the violation;
(2) states the amount of the proposed penalty for the violation; and
(3) gives the agency or political subdivision 15 days from receipt of the notice to cure the violation to avoid the penalty, unless the agency or political subdivision was found liable by a court for previously violating Subsection (a).
(g) If the attorney general determines that legal action is warranted and that the state agency or political subdivision has not cured the violation within the 15-day period provided by Subsection (f)(3), the attorney general or the appropriate county or district attorney may sue to collect the civil penalty provided by Subsection (b). The attorney general may also file a petition for a writ of mandamus or apply for other appropriate equitable relief. A suit or petition under this subsection may be filed in a district court in Travis County or in a county in which the principal office of the state agency or political subdivision is located. The attorney general may recover reasonable expenses incurred in obtaining relief under this subsection, including court costs, reasonable attorney's fees, investigative costs, witness fees, and deposition costs.
(h) Sovereign immunity to suit is waived and abolished to the extent of liability created by this section.
(i) Subsection (a) does not apply to a written notice provided by a state hospital under Section 552.002, Health and Safety Code.
(j) In this section, "premises" has the meaning assigned by Section 46.03, Penal Code.
Added by Acts 2015, 84th Leg., R.S., Ch. 593 (S.B. 273), Sec. 1, eff. September 1, 2015.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 1143 (H.B. 435), Sec. 5, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 1143 (H.B. 435), Sec. 6, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 2.44, eff. January 1, 2021.
Acts 2019, 86th Leg., R.S., Ch. 784 (H.B. 1791), Sec. 1, eff. September 1, 2019.
Acts 2021, 87th Leg., R.S., Ch. 809 (H.B. 1927), Sec. 11, eff. September 1, 2021.
A very good point. I would say that the AG should have the authority to provide a waiver for an event, even if on public\government property, only in high profile (and high-value) potential targets such as President Trump's rally in Butler, PA. Were the rally being held here in TX and on public\government property, of course. But that would be the only exception that I can think of.