They are arranged next to each other in the Constitution – the First Amendment and its guarantee of free speech and religion, and the Second Amendment, as currently interpreted, with its guarantee of the right to bear arms. Neither right is absolute. The First Amendment does not protect a right to slander someone, or in the classic example, to yell “fire” in a crowded theater. The Second Amendment does not automatically convey the right to everyone to buy or carry firearms. Gun laws limit sales of all guns to those over 18, and the sale of some guns only to those over 21. Various gun laws place limits on where you can carry firearms – not within businesses which ban guns, for example, not on the grounds of schools or universities which ban guns, not within churches that gun bans, and perhaps most interestingly, privately owned guns must be licensed on military bases and cannot be publicly carried even by the soldiers or sailors stationed there.
So, what happens when you combine the two rights? Did Alex Pretti have a Second Amendment right to carry a firearm while he exercised his First Amendment right to protest in the streets of Minneapolis? Not according to DHS Secretary Kristi Noem and her designated Gestapo leader, Border Patrol chief Greg Bovino, who before even a minute had been devoted to investigating the shooting of Pretti, accused him of being bent on inflicting “maximum damage and massacre law enforcement” simply because he was carrying a legally licensed semiautomatic pistol and “two magazines.”
What we have from Trump, Noem, Attorney General Bondi, and Bovino is an anti-Second Amendment presumption that anyone who chooses to legally carry a handgun at a demonstration is doing so with ill intent. And yet the Second Amendment makes no demand of intent on gun owners or gun carriers. The Second Amendment Right to “keep and bear arms” is not abridged by a requirement that one’s heart be pure and one’s behavior be unblemished. Gun rights advocates have gone into court repeatedly to argue that people who have been convicted of crimes such as domestic abuse should still have the right to own guns under the Second Amendment. Insurrectionists convicted of violent January 6 crimes such as beating police officers had their gun rights restricted after felony convictions. And yet Trump restored those gun rights with his pardons of violent felons convicted of January 6 crimes.
Let’s examine the case of Alex Pretti. There are numerous photographs of Pretti with his cell phone, confronting ICE or Border Patrol officers on the street in Minneapolis. We now know that when those photos were taken, he had his firearm with him, a 9-mm Sig Sauer pistol. There is no evidence that he had drawn his gun while he took cell phone videos of the action on the street. Nor is there evidence that once he was assaulted by federal agents, that he reached for his gun and “brandished” it, as he was charged with doing by at least one Trump administration official.
As ICE agents were pinning him to the ground and hitting him repeatedly – one agent was hitting him with the butt of a can of pepper spray – when his gun was discovered and removed from him, an agent called out “Gun!” and agents began shooting at him. He died from those gunshot wounds.
By the evidence as seen in cell phone videos, and according to the analysis done by the New York Times and CNN, Alex Pretti was killed because he was carrying a firearm. No agents pulled their weapons while they were attempting to pin him to the ground facedown. They didn’t pull their guns when they were shooting pepper spray at him. They didn’t pull their guns as Pretti struggled to get back to his feet.
They pulled their guns and fired them only after Pretti’s firearm had been taken away from him by one of the federal agents.
So, what are we to conclude from the circumstances surrounding Pretti’s killing? What the Department of Homeland Security and the Department of Justice apparently want us to conclude is that it is legal for ICE and Border Patrol agents to carry guns, but it is not legal for civilians on the streets of Minneapolis to carry guns.
But that is not true. The NRA and other gun rights groups have been screaming for years that citizens should have what amounts to an unfettered right to publicly carry all manner of firearms, from semiautomatic pistols to AR-15 style assault rifles. Gun rights groups want people to have the right to carry concealed weapons and openly displayed weapons. They want that right to be absolute, without the requirement for a license to carry. In some states, gun rights advocates have been successful in getting laws passed allowing exactly that – no license, no training, no safety inspection, nothing is required for people to have open or concealed carry firearms.
What has happened in this country is that the advocates for Second Amendment rights have outstripped any and all practical considerations when it comes to enforcing the law. There is, in fact, no doctrine to deal with free-for-all gun ownership by American citizens. The gun advocate slogan, “The solution to a bad guy with a gun is a good guy with a gun” has been shown to be patently ridiculous.
Who was the “good guy” in Minneapolis yesterday? Law abiding Alex Pretti, who obtained a license to publicly carry a firearm? Or ICE agents who were authorized by federal law to carry firearms in the carrying out of their duties?
It is becoming obvious that the federal agents on the streets of Minneapolis have not received adequate training. They don’t know what the law is. They violate common law enforcement practices every day. With the shooting deaths of two civilians in the space of two weeks, it is clear that their “use of force” training was either poor or non-existent.
By the evidence, I don’t think it’s possible to adequately train someone to deal with the wild west we have created with the Second Amendment madness of unrestrained gun ownership and public display of firearms. Military training is different. Soldiers are trained to understand that in warfare, they will face an armed enemy who is trying to stop them and kill them. Still, soldiers have use of force training. In Iraq and Afghanistan, soldiers were trained that that they could not shoot at a civilian simply because they suspected him or her of being armed or outfitted with a suicide vest. Some action indicating that they were about to shoot or detonate a bomb had to be taken before soldiers could shoot at them.
ICE and Border Patrol agents appear to have gotten their use of force training from watching TV shows. On cop shows, when an officer shouts “Gun!” everyone starts shooting. But that is not the way it works on the ground with well-trained law enforcement officers. Officers don’t have to wait until they have been fired at to shoot back at a suspect, but if a suspect has a gun that is visible, the suspect must show an intent to fire at officers in order for them to discharge their firearms to prevent the suspect from shooting.
None of these circumstances were present with Alex Pretti.
There are many, many problems with the thousands of ICE and Border Patrol agents who are on the streets of Minneapolis. But the biggest problem appears to be that they are being given free dispensation by the Trump administration at every level to use violence against protesters even when the protesters are not using violence against them. The assumption by Donald Trump and those who work for him is that everyone in Minneapolis, especially protesters in the street, is the enemy, and they should be treated accordingly.
The descriptions of Alex Pretti by Trump and Noem and Bovino are of an enemy in a war. They regularly describe what is going on in the streets as an “insurrection,” and protesters as “insurrectionists.”
In the case of Renee Good, who did not have a gun, Trump administration officials have tried to describe her car as a weapon she was wielding against ICE agents. In the case of Alex Pretti, when they discovered that he had a gun, they used that fact as a justification for killing him, even after his guy had been taken away from him.
But you can’t have it both ways: You can’t have a Second Amendment right to carry a gun that applies only to ICE and Border Patrol agents, but not to a civilian who is abiding by Minnesota gun laws. Gun rights are not just for one side but not the other. Trump, however, does not want even the First Amendment to apply to everyone. He wants the right to slander people and tell lies in public and on Truth Social, but when news organizations report negatively about him, or publish polls that he doesn’t like, Trump wants laws passed to make both forms of speech illegal.
The right wing has met its match with the Second Amendment. That’s why they’re fighting so hard to control the investigation of the killing of Alex Pretti. The right wing knows it’s going to blow up all their fantasies about gun rights and all their lies about protests in the streets of Minneapolis. The turning point we’ve reached is larger than we thought. The First and Second Amendments must apply to everyone, or they have no meaning at all.





