Private Entity on Public Property Bans Guns at State Fair. Texas Legislature and AG say NO!

Cameron Alexander Turner, 22 

In 2002, the City of Dallas leased part of its property, about 77 acres, to a private entity, the State Fair of Texas, for 24 days each year, to operate the State Fair. The State Fair allowed people with a handgun carry permit to carry on the fair grounds. The 2002 lease has a duration of 25 years.

On October 14, 2023, a young man, 22 year old Cameron Alexander Turner, fired 3 or 4 shots and wounded three people at the fair. Turner did not have a concealed carry permit.  Turner claimed self defense. Video from the fair does not appear to support that claim. Turner was charged with three counts of aggravated assault and serious bodily injury.

From wfaa.com:

Jeff Cotner, the director of security for the fair says they still don’t know how Turner got that gun onto the fairgrounds.

“I’m little emotional, I’m sorry,” he told WFAA. “It was very traumatic on Saturday night.”

He says in the time since the shooting they’ve made some subtle changes – like new fences at the main entrance and increased security.

“We moved like 2 extra officers from one spot to another spot and we moved to police stand about 30 feet,” Cotner said.

According to fair officials, they are still allowing people to enter the fairgrounds with guns, as long as they have a concealed carry permit – something some fairgoers question.

According to fox4news.com, a grand jury formally indicted Turner on November 21, 2023, on three counts of aggravated assault with a deadly weapon. The dentonrc.com showed Turner was also indicted with unlawful carrying of a weapon in a prohibited place.  On Jan 26, 2024 Bond was reduced from 1.6 million to $350,000.  From the dentonrc.com:

  The new bonds were assigned by Dallas County District Court Judge Nancy Mulder, according to the documents.

It was the first time a firearm at the fair had been fired to injure someone since 1988, according to reports.  Initially, the State Fair indicated no policy changes were planned.

In August of 2024, in response to the incident which did not involve anyone with a carry permit, the State Fair changed its policy to ban people with carry permits from carrying at the fair. Retired and active law enforcement personnel would be allowed to carry. Studies have show people with carry permits in Texas, are less likely to break the law than law enforcement officers.

71 Texas State legislators signed a letter asking the fair to restore its previous policy. They stated if he State Fair did not do so, they would work to change State Law to put the change into effect by law. From the letter:

The Texas Legislature has repeatedly enhanced Texans’ Second Amendment Rights, but your actions raise questions about the need for legislation next Session to further protect these rights on lands managed by the public. Should you have any questions or wish to discuss our opposition to this policy further, please do not hesitate to contact any of our offices.

Texas AG Ken Paxton has threatened to sue the City of Dallas to require the State Fair to restore the situation to what it was from 2002 to 2023. From x.com/KenPaxtonTX/.com:

“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,” Paxton said in a statement. “The State Fair of Texas’s recent policy that infringes on LTC holders’  Second Amendment is unlawful. Dallas has fifteen days to fix the issue, otherwise I will see them in court.”

Texas law is not completely clear about whether a private entity who leases public property can restrict carry permit holders on the public property. A lawsuit resulting from the crime, against the security company and the perpetrator, has been filed by one of the people who was injured. This letter from the office of the Texas Attorney General explains some of the issues:

Texas Government Code § 411.209(a) states that “. . . a political subdivision of the state may not take any action, including an action consisting of the provision of notice by 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.”

In Oklahoma, a private entity was found to have unlawfully prohibited firearms at “The Gathering”, located on public land.

It remains to be seen if the State Fair of Texas or the City of Dallas will respond to the requests of state legislators or AG Paxton.

©2024 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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