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by Tex1961
Sun Oct 02, 2022 5:59 am
Forum: General Texas CHL Discussion
Topic: State Fair
Replies: 16
Views: 3283

Re: State Fair

srothstein wrote: Sat Oct 01, 2022 11:51 pm
Tex1961 wrote: Sat Oct 01, 2022 7:51 pm Yes, they are a private entity. Just like any other business, so they can ban open carry. Most believe that because the property is city owned that there is no restrictions allowed by state law. But this is a private group renting the facility which negates that rule. Same thing when you go to a gun show at a convention center. It’s city owned but is being rented by a private entity. As far as the constitutional carry part, they again are within their right as a private entity to restrict unlicensed carry.
I disagree. Sections 30.06 and 30.07 expressly state that they do not apply to property owned or leased by a governmental agency. No place does the law allow a private party to make a rule on governmental property. The AG has even ruled this is true because it came up with the question of illegal posting of no guns signs. The official opinion said that the private party may post the signs on government property if it wishes but the signs are not enforceable based on the law.

What we end up with is that they can make the rule forbidding open carry by an LTC and may post 30.07 compliant signs, but the offense does not truly exist. If they do this and someone does try to enter while openly carrying their weapon, they will be stopped. If a police officer is called, you will probably be arrested (I would not want to bet on the average street officer knowing the finer points of the law in this area). You will win the court case and probably could win a lawsuit for the illegal arrest, but you will have spent time in jail and money on the defense.
carlson1 wrote: Sat Oct 01, 2022 6:29 pmI know I have always carried at the fair. I always carry concealed so I haven’t had any problems. I wanted to look at their sight because of constitutional carry. Of course they said it is prohibited. They are also prohibiting open carry even with a LTC. I was curious about the open carry if you have a LTC. I would assume the same law that allows concealed carry would allow open carry with a LTC. Would love to hear why there is a difference.
I believe you are correct and you can openly carry if you have your LTC. But, as I state above, it is going to be messy and I would not recommend it.
I hear what your saying and technically you are correct to the letter of the statutes as written. And I agree that this would be a case of who has the better attorney. You can argue the letter or the spirit of the law. If a police officer tells you that you cannot enter and arrests you if you do, are you following a lawful order. This is one of those legal rabbit holes.
by Tex1961
Sat Oct 01, 2022 8:37 pm
Forum: General Texas CHL Discussion
Topic: State Fair
Replies: 16
Views: 3283

Re: State Fair

Welcome.
On a personal note, you won’t ever catch me there. To many wackadoodles out there nowadays. I’d probably carry even if it was posted. What’s the worst they can do, ask me to leave.
by Tex1961
Sat Oct 01, 2022 7:51 pm
Forum: General Texas CHL Discussion
Topic: State Fair
Replies: 16
Views: 3283

Re: State Fair

Yes, they are a private entity. Just like any other business, so they can ban open carry. Most believe that because the property is city owned that there is no restrictions allowed by state law. But this is a private group renting the facility which negates that rule. Same thing when you go to a gun show at a convention center. It’s city owned but is being rented by a private entity. As far as the constitutional carry part, they again are within their right as a private entity to restrict unlicensed carry.
by Tex1961
Sat Oct 01, 2022 7:24 pm
Forum: General Texas CHL Discussion
Topic: State Fair
Replies: 16
Views: 3283

Re: State Fair

Not quite sure what your asking, but as they state on their webiste they are a private entity and as such have the right to allow or restrict carrying a firearm as they see fit.

There are 3 types of restrictions now.
30.05 Permit less carry (Constitutional carry) - No carry at all without an LTC.
30.06 LTC - No carry at all
30.07 LTC - No Open Carry, but can carry concealed with LTC.

So what I am reading is that they are ok with you carrying a handgun concealed only if you have an LTC. If you don't have an LTC then they do not want you there with a firearm.

Hope this is what you are looking for.

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