Abilene Gun Ban. Is it Legal?

[Pig Renter]

This is a question mainly for anyone within the Abilene area, but also for anyone knowledgeable about state gun laws.

Once a year Abilene holds the annual Western Heritage Classic. Its a pretty big shindig. There are various events held throughout a 4-day period at the Taylor County Expo center. Among them are Chuck wagon cook-off, live music, vendor booths, and the main event - the Ranch Rodeo.

Now I was considering going to the Rodeo portion this weekend and was curious of their handgun policy. I assumed since it was on Taylor County property (public property) then handguns could not be legally prohibited. I am aware that in some instances, despite being public property, handguns are automatically prohibited based on certain stipulations in the statutes, such as a "professional sporting event".

But this is a "Ranch Rodeo". These are not professionals. They are a handful of local ranches who compete against each other in rodeo events.

The reason for this post is I found this statement on the Western Heritage Classic webpage:

"No firearms or other weapons are allowed, regardless of whether bearer holds a concealed weapons permit; law enforcement officers while on duty are excluded."

My question is, do they have the legal authority to prohibit guns and if so under what statute?

Thanks

[LucasMcCain]

If there are prizes for the rodeo, then I think it would be considered a professional sporting event. You should be able to carry outside the rodeo arena, I would think. They may say otherwise, but I don't think they should be able to do so legally.

[Pig Renter]

Thanks for the reply LucasMcCain.

You're reply made a lot of sense to me. There are indeed cash prizes to be won. However after reading it I came across this article about the Fort Worth Stock Show (http://www.star-telegram.com/news/local ... 53700.html) Here is an excerpt:

At the Stock Show...officials say guns will be allowed — but with limitations. The Stock Show is held at the Will Rogers Memorial Center, which is owned by the city of Fort Worth.

“Our attorneys, our legal counsel consulted with the city’s attorneys,” said Matt Brockman, publicity manager for the Stock Show. “It is our intent to comply with the law.”

With safety in mind, open carry won’t be allowed everywhere.

GUNS WILL BE PROHIBITED FROM THE PRCA RODEOS, 4-H EVENTS, THE BACKSTAGE CLUB AND THE COORS LIGHT ROADHOUSE.

For example, the display of handguns won’t be allowed at any professional rodeo (PRCA) events, which run from Jan. 19 to Feb. 6, because state law says so.

But those restrictions don’t apply to the Best of the West Ranch Rodeo, Best of Mexico or Cowboys of Color rodeos on the opening weekend since they are amateur events.

I am now wondering if this is one of those gray ambiguous areas of the law or if anyone can show me how its clear-cut, one way or the other.

Thanks

[mloamiller]

There isn't any specific definition of a "professional sporting event" as it relates to carrying, but I did find this section of the Penal Code that sort of defines "professional":

TITLE 7. PROFESSIONAL ENTITIES
CHAPTER 301. PROVISIONS RELATING TO PROFESSIONAL ENTITIES
(2) "Professional association" means an association, as distinguished from either a partnership or a corporation, that is:
(A) formed for the purpose of providing the professional service rendered by a doctor of medicine, doctor of osteopathy, doctor of podiatry, dentist, chiropractor, optometrist, therapeutic optometrist, veterinarian, or licensed mental health professional; and
(5) "Professional individual," with respect to a professional entity, means an individual who is licensed to provide in this state or another jurisdiction the same professional service as is rendered by that professional entity/association.

While that is not directly related to a "sporting event", I think it is pretty clear that a "professional" is someone participating in an activity that is more than just a hobby, occasional activity, etc. The dictionary's definition backs that up as well:

Professional - a person engaged in a specified activity as one's main paid occupation rather than as a pastime.

Given that, I don't think a "handful of local ranches who compete against each other in rodeo events" would qualify, even if there are monetary prizes, assuming the participants have a real "day job" and they rodeo mainly for fun.

IANAL - that is only my opinion. That and $5 might get you a cup of coffee at Starbucks.

[TexasCajun]

It doesn't sound like there is any statute-based reason to lawfully exclude LTCs. Use the website statement as a basis and submit a complaint to the county as outlined on the TFC website: https://www.texasfirearmscoalition.com/ ... aint-forms

If you then go to the event and see 30.06/07 signs, take pictures and submit a complaint to the AG's office. The more of these offenses that get reported, the easier it will be to tighten up the law & process in the next legislative session.

[Topbuilder]

They include restrictions on off duty LEO's? I wonder how they feel about that and whether they would comply...