On Saturday, January 24, 2026, U.S. Border Patrol agents in Minneapolis, Minnesota, who were conducting a DHS/ICE immigration enforcement operation, fatally shot 37-year-old Alex Pretti, who was armed with a handgun, during an attempt to subdue and arrest him. While details of the actual encounter make it unclear exactly what the chain of events was (an investigation is ongoing), statements from the Bondi Justice Department and the Department of Homeland Security pose serious causes for concern about their understanding of and position on Second Amendment rights.
In a press conference following the shooting, DHS Secretary Kristi Noem criticized the Minnesota governor and Minneapolis mayor, stating that they “need to evaluate their rhetoric.” She then went on to characterize the possession of the handgun and magazines in clearly unfavorable terms, stating, “the suspect also had two magazines with ammunition in them that held dozens of rounds…. This looks like a situation where an individual arrived at the scene to inflict maximum damage on individuals and to kill law enforcement.” No investigation had been completed when she made this statement.
Video evidence shows Mr. Pretti did indeed resist arrest; however, according to an Associated Press report, he possessed a handgun permit, making the mere possession not a violation of any law.
On January 25, in an interview with Fox News, FBI Director Kash Patel expanded on Secretary Noem’s inflammatory remarks with more anti-gun rhetoric: “But as Secretary Noem said, no one who wants to be peaceful shows up at a protest with a firearm that is loaded with two full magazines. That is not a peaceful protest, and you do not get to touch law enforcement. You do that anywhere – this FBI is going to be leading the charge to arrest those [who do].”
Mr. Patel’s comments impugn the motives of millions of Americans who lawfully conceal carry a firearm on a daily basis, and often carry one or more extra magazines.
Later that same day, First Assistant U.S. Attorney for the Central District of California, Bill Essayli, responded to the news of the Homeland Security update on the shooting by stating, “If you approach law enforcement with a gun, there is a high likelihood they will be legally justified in shooting you. Don’t do it!”
Millions of lawfully armed, law-abiding Americans have peaceful, one-on-one encounters with law enforcement on a nearly daily basis – making Mr. Essayli’s characterization both incorrect and illegal – law enforcement cannot shoot individuals simply because they are armed.
U.S. Representative Thomas Massie (R-Kentucky) who is an outspoken proponent of the Second Amendment and who also spoke at the 2025 Gun Owners of America G.O.A.L.S. conference in Knoxville, sternly corrected the Justice Department when he responded, “Carrying a firearm is not a death sentence, it’s a Constitutionally protected God-given right, and if you don’t understand this you have no business in law enforcement or government,” in a post on X.
After three statements from high-level government officials that mischaracterized state and federal law in relation to Second Amendment rights, gun rights groups responded.
Gun Owners of America responded, clarifying that Americans do indeed have the right to be armed during protests: “…we condemn the untoward comments of @USAttyEssayli. Federal agents are not ‘highly likely’ to be ‘legally justified’ in ‘shooting’ concealed carry licensees who approach while lawfully carrying a firearm. The Second Amendment protects Americans’ right to bear arms while protesting – a right the federal government must not infringe upon.”
The National Rifle Association’s response, by comparison, was largely criticized as it didn’t mention the mischaracterization of Second Amendment rights: “As we await these facts and gain a clearer understanding, we urge the political voices to lower the temperature to ensure their constituents and law enforcement officers stay safe.”
Only an investigation will yield a full understanding of whether this was a justified shoot or not, but what is clear is that the Pam Bondi Justice Department – with the exception of the Second Amendment Section – appears to have a hostile view of armed Americans, and failed to affirm Americans’ Second Amendment rights in their handling of this issue.
