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DALLAS - Texas Attorney General Ken Paxton has appealed a Dallas judge's ruling that would allow the State Fair of Texas' gun ban to remain in effect.
This year, the State Fair is banning guns from the fairgrounds, even if a person has a license to carry.
Paxton argues the ban violates Texas law because the fair is held on government-owned property.
The Star Fair of Texas argues that the ban should be allowed because it is a nonprofit that leases the land from the City of Dallas for the duration of the fair.
The attorney general filed a lawsuit against the City of Dallas and the State Fair in an attempt to keep the ban from going into effect.
A Dallas judge ruled against Paxton in a hearing last week.
On Friday, Paxton's office filed an appeal with the 15th Court of Appeals.
"The City of Dallas and the Texas State Fair are not above the law, and we are seeking emergency relief to uphold Texans’ Constitutionally-protected Second Amendment rights," said Attorney General Paxton in a statement on Monday.
Paxton is requesting a ruling by noon on Tuesday to allow for time to appeal to the Texas Supreme Court, if needed.
The new rule comes after a shooting at the State Fair last year. Three people were hurt in the shooting near the Food Court on October 15, 2023.
The alleged shooter, Cameron Turner, did not have a license to carry.
Back in 2016, Paxton took a very different position with a non-binding opinion giving nonprofits the green light to do what the fair did. In fact, that same year, Paxton's office told the Fort Worth mayor that the Fort Worth Zoo was within its rights to ban concealed carry.
Paxton withdrew that opinion on Sept. 10 after Paxton sued Dallas.
The State Fair of Texas begins on Friday.
Under the new rules, anyone in violation of the gun policy would be asked to take the firearm back to their vehicle.
If they refuse, then law enforcement could get involved.