TVGuy wrote:RoyGBiv wrote:gemini wrote:this is also partial text from the "bigtex.com" website...... (I guess their explanation????)
...."the Fair has decided to prohibit open carry, while continuing to allow concealed carry. This decision is consistent with an August 9, 2016 opinion letter issued by Texas Attorney General Ken Paxton, in which the Attorney General confirmed that the law which prohibits the government from banning handguns from most government property (Texas Government Code 411.209) applies only to bans implemented by the government and does not override the rights of a private entity that happens to operate on property leased from the government. In that situation, the private entity is no different than any other business operating on private property........"
VERY telling that they selectively chose to stop reading after the part of that opinion letter with which they agreed....
Reading on.....
https://texasattorneygeneral.gov/opinio ... kp0108.pdf
The AG appears to agree that the private entity would not be subject to civil penalty per 411.209, however, he also seems to agree that a license holder WOULD have the exceptions described in 30.06 and 30.07, since the property "is owned or leased by a governmental entity".
Now.... Who is volunteering to be the test case?
This is my OPINION. Not legal advice. IANAL.
This opinion creates a loophole that needs to be fixed in the next session.
It doesn't create, it merely points out. A couple of the KP opinions have pointed out areas in the law where there are loopholes that make it difficult for the OAG to prosecute wrongful exclusion claims.
