The Texas State Fair officially kicks off tomorrow, and unless the state Supreme Court issues an emergency injunction, the fair's prohibition on lawful carry will be in place when the gates open on Friday. 

A judge in Dallas County denied an injunction requested by Texas Attorney General Ken Paxton just a few days ago, and earlier this week Paxton's appeal to the 15th District Court of Appeals was also turned away, leaving the state's top court the only remaining body that can block the ban from taking effect. 

The attorney general has asserted that the policy violates gun owners’ rights and that since the fair is held on land owned by the city of Dallas, it’s illegal to restrict access to people lawfully carrying firearms. He has sued the fair, the city and its interim city manager over the new rule.

“The Court of Appeals clearly abused its discretion by denying emergency relief from the trial court’s order because the city’s ultra vires acts violate state law,” Paxton’s latest challenge says.

The new fair policy allows only elected, appointed, or employed peace officers to bring firearms onto the fairgrounds. Previously, attendees with a valid handgun license could carry their gun onto the 277-acre Fair Park during the event as long as it was concealed. State law doesn’t require Texans to have a permit to carry a firearm in a public place.

The fair is one of the biggest annual celebrations in the state and welcomed more than 2.3 million people last year. The policy change comes after a man shot three people at the fair last October.

That suspect did not possess a valid concealed carry permit but still managed to get his gun past security, which casts considerable doubt on the fair's claims that the new policy will improve public safety. 

While the rule in question directly implicates our right to keep and bear arms, Paxton isn't raising a Second Amendment claim in his litigation. Rather, his argument is that a statute adopted by the legislature meant to protect the right to carry on government-owned property precludes the fair board from making the property a "gun-free zone" while the State Fair is taking place. 

Fair officials have argued the new policy is meant to increase the safety of attendees and state law allows private groups to prohibit firearms on property leased from a city for private events. City attorneys have said Dallas officials have no say in any fair policies, and as Fair Park’s lessee, the nonprofit can implement whatever rules it wants for the 24 days of the annual celebration.

Even if the Texas Supreme Court denies Paxton's request for an injunction, the courts could still rule in his favor when a trial on the merits of the lawsuit takes place. Of course, that would be long after this year's fair wraps up, and fairgoers would still be required to disarm themselves before walking the midway or checking out the barns and exhibit halls over the next few weeks. 

The state legislature could also act when it returns to Austin in January by adopting legislation that specifically bars non-profits from establishing "gun-free zones" on property they lease from political subdivisions or the state government. A number of lawmakers have criticized the State Fair's gun ban policy, but if Second Amendment advocates want additional protections added to state law they should start lobbying for that change now, or else the issue could buried under an avalanche of bills that will be introduced ahead of the 140-day session.