Minneapolis shooting: DHS has claimed it's unlawful for protesters to carry a gun…even with a legal permit
MINNEAPOLIS (FOX 9) - Border Patrol Commander Gregory Bovino claimed the man killed by a Border Patrol agent in Minneapolis was repeatedly shot because he had a loaded handgun. The man had a legal permit to carry a firearm, according to Minneapolis Police, but DHS has argued it is "unlawful" for protesters to bring a firearm to a demonstration.
Man shot while face down on the ground
What we know:
Alex Pretti, 37, was killed after being repeatedly shot by a Border Patrol agent in Minneapolis Saturday morning.
He had been taken to the ground, was face down on the street and being detained by several agents when he was shot.
Alex Pretti had permit to carry a firearm
Alexi Pretti's handgun, which he had a legal permit to carry, according to Minneapolis Police.
What they're saying:
Border Patrol Commander Gregory Bovino defended the agent who fired his weapon and blamed Pretti for carrying his own loaded 9mm handgun.
"The suspect had a gun and magazines full of ammunition," Bovino said.
Pretti had a permit to carry a firearm, according to Minneapolis police.
"If he had a permit to carry, it's not unlawful to be carrying while you're exercising your 1st Amendment right," said Rob Doar of the Minnesota Gun Owners Law Center. "You don't have to pick between which rights you exercise."
But that's exactly the argument the Department of Homeland Security has tried making.
Minneapolis shooting: Who is Alex Pretti?
Alex Pretti, 37, of Minneapolis, was fatally shot by Border Patrol in Minneapolis on Saturday. He was an ICU nurse for the VA.
DHS makes legally dubious claim
Big picture view:
DHS has claimed that it is unlawful for protesters or observers to bring a firearm to demonstrations, even if they are legally permitted to carry a firearm, according to court records reviewed by the FOX 9 Investigators.
During a similar immigration operation in Chicago last year, two people who lawfully possessed loaded firearms at a protest were arrested and charged under a federal statute that makes it a felony to assault or impede a federal agent.
"These are potentially explosive situations, and if people start bringing firearms, or they think they can bring firearms, I think that's a reflection on his dangerousness and the need to protect the public in addition to protecting the safety of the agents," argued Assistant U.S. Attorney Brian R. Havey.
Why you should care:
That argument quickly failed when a federal grand jury took the rare step of issuing a "no bill" in that case, which meant they declined to issue indictments.
Yet, U.S. Attorneys under the Trump Administration appear to be doubling down on that stance.
"If you approach law enforcement with a gun, there is a high likelihood they will be legally justified in shooting you," Bill Essayli, First Assistant U.S. Attorney for the Central District of California, posted on social media Saturday.
Minneapolis shooting: Disconnect between DHS claim, wtiness video
A 37-year-old Minneapolis man was fatally shot by a Border Patrol agent Saturday morning. FOX 9's Tim Blotz takes a look at how the DHS claims of self-defense appear to differ from eyewitness video. We also hear from the Minnesota Gun Owner's Caucus as Alex Pretti, the man killed, had a legal permit to carry a firearm.
Rick Hodsdon is an expert on 2nd Amendment rights and permit to carry laws in Minnesota.
He told the FOX 9 Investigators the notion that federal agents would be justified in shooting anyone approaching them who is legally carrying a firearm is "absurd."
Bovino suggested, without providing evidence, that Pretti intended to inflict maximum damage on law enforcement since he was armed with a loaded firearm and "violently resisted."
Bovino has previously lied about use of force
Who is Border Patrol Chief Gregory Bovino?
Border Patrol Chief Gregory Bovino has been spotted in the Twin Cities as thousands of federal immigration agents descend on Minnesota.
Dig deeper:
Bovino, who previously lied about agents’ use of force during immigration operations, declined to answer questions about whether Pretti brandished his firearm at any point.
"Every video angle we have seen seems to indicate that there was no visible firearm at that point, so it’s uncertain why there would have been any perception of a threat," Doar said.
Multiple videos of the shooting appear to show Pretti being disarmed after being taken to the ground and before shots were fired.
The video shows one agent reaching into the huddle as Pretti is being detained and pulling out a handgun that Doar says matches the description of the gun provided by DHS.
"My take of it is it looks like he was actually disarmed prior to the fatal shots being fired," Doar said.
Minneapolis shooting: Gun Owners Caucus reacts to fatal shooting
A 37-year-old Minneapolis resident was fatally shot by a Border Patrol agent Saturday morning during a targeted immigration operation. Rob Doar with the Minnesota Gun Owners Law Center reacted to Saturday's incident.