In Case No. 24-0813 before the Supreme Court of Texas, the petition for writ of mandamus filed by the State of Texas has captured significant attention. This case revolves around whether Texans have the right to carry handguns at the State Fair of Texas, a private entity operating on public land leased from the City of Dallas.
The State of Texas, through its legal team, petitioned the court to intervene, arguing that the City of Dallas, in conjunction with the State Fair, cannot prevent handgun-license holders from carrying their firearms onto the fairgrounds. This lawsuit arose after the State Fair announced a new policy prohibiting all firearms, including those carried by licensed individuals. The petitioners emphasized that this policy contradicts state law, which permits licensed handgun holders to carry firearms on public property, including leased properties, as long as no specific legal exemptions apply.
The court’s refusal to grant the petition for mandamus stems from the State’s failure to present a cohesive argument concerning whether the State Fair, as a private entity leasing public land, has the authority to exclude handguns. Justice Blacklock, in his concurring opinion, emphasized the importance of this question, which the State conspicuously avoided in its filings. While the State argued that the City of Dallas was prohibited from enforcing the fair’s gun ban, it failed to demonstrate that the State Fair itself lacked the authority to set such a policy.
The State’s filings leaned heavily on an assumption that the City’s enforcement, rather than the fair’s private security, was critical. However, the State Fair planned to hire private security to enforce the prohibition, thus weakening the State’s argument.
Notably, Attorney General Ken Paxton’s team referenced a 2016 Attorney General Opinion (KP-0108), which suggested that private entities leasing public land might retain the authority to exclude firearms under common law. However, the withdrawal of this opinion pending further review added complexity to the case, leaving the issue unresolved.
Justice Blacklock pointed out that future litigation might clarify these points, especially as the case could hinge on both statutory and Second Amendment grounds. For now, the court declined to offer injunctive relief, meaning that the State Fair’s ban on handguns will stand for the 2024 event.
The case underlines an important tension in Texas between gun rights advocates and private property operators, particularly when public land is involved. The outcome may signal broader implications for how gun laws are enforced at large public events across the state.
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