A Texas appeals court on Thursday upheld the State Fair of Texas’ handgun ban, rejecting the state’s argument that Dallas illegally allowed a private operator to prohibit licensed handgun holders on city-owned property.

Background of the Case

The 15th Court of Appeals affirmed a Dallas County judge’s dismissal of a lawsuit filed by Attorney General Ken Paxton and three gun owners. The ruling leaves the ban in place unless the Texas Supreme Court intervenes.

The court ruled the state law applies only to government entities, not private organizations like the State Fair. Judges found Dallas didn’t take any action prohibited by law and didn’t create, direct or enforce the fair’s firearm policy.

Paxton argued the city’s ownership of Fair Park made it responsible for the State Fair’s gun policy. The appeals court disagreed, saying the statute governs government conduct and doesn’t apply to the State Fair and other private organizations.

Reaction to the Ruling

Chris McNutt, president of Texas Gun Rights and the Texas Gun Rights Foundation, criticized Thursday’s ruling, saying the policy ‘does nothing to stop criminals’ and instead ‘turns peaceable Texans into sitting ducks.’ McNutt argued the 2023 shooter was not a licensed handgun holder and illegally brought a firearm into the fairgrounds.

Original reporting: Texarkana Gazette — read the source article.