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AG Sues Businesses Over Firearm Carry Bans

Texas Attorney General Ken Paxton
Texas Attorney General Ken Paxton | Image by Bob Daemmrich/The Texas Tribune

Texas Attorney General Ken Paxton is suing several private businesses for allegedly refusing to allow certified peace officers to enter while off duty because they were armed.

Paxton’s lawsuit cites Texas Code of Criminal Procedure article 2.1305, which “prohibits certain establishments serving the public from restricting a peace officer from carrying a weapon the officer is otherwise authorized to carry, regardless of whether the peace officer is engaged in the actual discharge of the officer’s duties while carrying a weapon.”

Four of the entities facing litigation are located in North Texas, including the State Fair of Texas in Dallas, the Meow Wolf exhibit in Grapevine, Texas Trust CU Theatre in Grand Prairie, and The Factory in Dallas’ Deep Ellum neighborhood. The fifth business facing litigation is The Lucky Duck in San Antonio.

Paxton’s office noted that it received complaints from peace officers who were denied entry at the above-mentioned establishments because they were carrying firearms, purportedly in violation of the law.

“Texas law must be respected to ensure the safety and well-being of our citizens,” said Paxton, per a press release. “Criminal activity can occur at any time and any place. Peace officers are often well-positioned to prevent and suppress crime, even when they are out of uniform and off duty.”

As previously reported by The Dallas Express, three people were shot at the State Fair last October following a purported altercation, prompting thousands to flee the premises of one of the Lone Star State’s flagship events. The suspected shooter, 22-year-old Cameron Turner, was arrested and charged with three counts of aggravated assault with a deadly weapon.

A Dallas County judge subsequently lowered Turner’s bail from $1.6 million to $350,000 earlier this year.

For its part, Deep Ellum has seen more than its share of crime in recent years, prompting an exodus of some businesses and some entrepreneurs to consider leaving, as reported by DX.

While Dallas has seen a decline in violent crime since the Dallas Police Department launched its hotspot policing program, overall crime has continued to steadily tick upward, and the department continues to suffer from a longstanding officer shortage, fielding only around 3,000 cops when a City analysis claims that closer to 4,000 is a more appropriate figure for a municipality the size of Dallas.

The Dallas City Council only budgeted $654 million for DPD this fiscal year, considerably less than other high-crime jurisdictions like New York City, Los Angeles, and Chicago opted to spend on public safety.

Relatedly, Downtown Dallas regularly clocks significantly more crime than Fort Worth’s city center. The latter is patrolled by a dedicated neighborhood police unit and private security guards.

The Office of the Attorney General encouraged peace officers who want to file a complaint over a violation of their right to carry a firearm at a public establishment to reach out via email at [email protected]. Complaints can also be filed here.

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