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Carrying Legal: When Rights Become Suspicion
NEWS
3 min read

Carrying Legal: When Rights Become Suspicion

Alex Pretti had a carry permit and never drew his weapon. Federal officials used his holstered gun to justify the shooting anyway. Gun rights groups that usually back Trump are calling it out—and it's not the only place the alliance is cracking.

Steve DuskettMarch 4, 2026
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Article Info

Carrying Legal: When Rights Become Suspicion

AdvocacyDeveloping
Carrying Legal: When Rights Become Suspicion
Scope
JurisdictionFederal
Impactnational
Key Entities
Licensed carry permit holder fatally shot by Border Patrol at Minneapolis protestAlex Pretti
Issued post-shooting statement characterizing lawful carry as threateningDepartment of Homeland Security
FBI Director who incorrectly claimed Pretti's carry was illegalKash Patel
Condemned federal officials' characterization of armed protest attendanceGun Owners of America
Called prosecutor's warning about armed citizens 'dangerous and wrong'National Rifle Association
Legal Issues
  • Second Amendment right to bear arms at public protests
  • Constitutionality of federal gun ban for nonviolent felons
  • Federal prohibition on gun ownership by cannabis consumers in legal states
What It Means
  • Federal officials are treating lawful concealed carry as inherently threatening—even when the weapon is never drawn
  • Carry permit holders attending protests may face elevated legal and physical risk regardless of their conduct
  • Second Amendment groups are signaling they will push back on the Trump administration when gun rights are at stake
  • DOJ positions on nonviolent felons and cannabis users further strain the administration's relationship with gun rights advocates
Timeline
January 25, 2026Alex Pretti fatally shot by U.S. Border Patrol agents at Minneapolis protest
January 28, 2026Gun Owners of America and NRA publicly condemned federal officials' statements

Carrying Legal: When Rights Become Suspicion

The Pretti shooting is exposing a real fault line between Trump officials and the gun rights groups that support them

From The Boise Gun Club Handbook

A Minneapolis man was fatally shot by U.S. Border Patrol agents at a protest last Saturday. Alex Pretti had a carry permit, a holstered 9mm, and never drew it. Federal officials called him a "domestic terrorist" anyway—and kept pointing to the gun.

That should bother every permit holder in Idaho.

Reality check: Video shows Pretti never reached for his weapon. Agents didn't even see the holstered gun until after they'd already tackled him—and by the time shots were fired, an agent had already removed it. None of that stopped DHS from framing his lawful carry as the central threat.

Federal officials have been remarkably direct about where they stand. FBI Director Kash Patel claimed Pretti's carry was illegal. It wasn't. First Assistant U.S. Attorney Bill Essayli warned that approaching law enforcement with a gun means "there is a high likelihood they will be legally justified in shooting you." President Trump stopped short of that, but told the Wall Street Journal he was troubled that Pretti showed up to a protest with a "fully loaded gun with two magazines."

That's a description of half the people at any gun show in Ada County.

"The Second Amendment protects Americans' right to bear arms while protesting—a right the federal government must not infringe upon." — Gun Owners of America, responding to Essayli's comments

What they're saying: The groups most aligned with Trump aren't staying quiet.

  • condemned Essayli's comments directly and by name.
  • The NRA called his statement "dangerous and wrong"—pointed language from an organization that rarely picks fights with Republican officials.

Yes, but: This friction didn't start with Pretti. The Trump DOJ is actively defending the federal ban on gun ownership for nonviolent felons—a position the NRA says is unconstitutional. They're also defending the law that strips gun rights from cannabis users in legal states, which the NRA has called "unjust." A floated proposal to ban gun ownership by transgender people alarmed groups before apparently dying quietly.

The bottom line: An administration can launch a litigation project and still, in practice, treat a holstered carry permit as probable cause. Pretti's permit was issued by Minnesota and recognized under the same constitutional framework that covers every one of us. If carrying legally to a protest is grounds for official suspicion—or worse, a justification for a shooting—then the promise of support from Washington is worth less than the paper your permit is printed on.

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