Fact Check: Is Kash Patel’s claim that guns are barred at protests true?

WASHINGTON, DC: The fatal shooting of Alex Pretti by a federal agent during a protest against President Donald Trump’s aggressive immigration polices in Minneapolis has sparked a debate over gun rights. FBI Director Kash Patel has said that carrying guns during protests is barred, referring to Pretti carrying a handgun at the time of death. Let us fact-check his claim.

Claim: Guns are barred at protests

The day after Alexi Pretti was killed, Patel discussed the case on Fox News' Sunday Morning Futures.

Patel said, "You cannot bring a firearm loaded with multiple magazines to any protest that you want. It's that simple. You don't have the right to break the law and incite violence."

The Department of Homeland Security even shared an image of a gun and extra ammunition, which it said Border Patrol agents took from Pretti on January 24.

Clarifying his stance on the incident, Patel said, "We are not going after people and infringing on their freedom of speech to peacefully protest."

"We are definitely not going after people in their Second Amendment rights to bear arms, only if you incite violence and or threaten to do harm to law enforcement officials and break the law in any other way."

Fact Check: Minnesota has no such law in place

The shooting of Pretti, who had a concealed carry permit, prompted criticism by gun-rights advocates, who pointed to Second Amendment protections.

"Every peaceable Minnesotan has the right to keep and bear arms — including while attending protests, acting as observers, or exercising their First Amendment rights," the Minnesota Gun Owners Caucus wrote.

"These rights do not disappear when someone is lawfully armed, and they must be respected and protected at all times."

Moreover, legal experts have also disagreed with Patel’s statement, although they cautioned that some states do ban guns at protests.

In general, "There is no blanket prohibition or long-standing tradition against bringing otherwise lawfully owned and carried firearms to a protest, parade, demonstration, or other public event," said Clark Neily, senior vice president for legal studies at the libertarian Cato Institute.

"To the contrary, the default practice or tradition is that someone who is lawfully carrying a firearm may bring it to public gatherings, including protests and demonstrations."

While some states' laws restrict guns at protests, "Minnesota has no such law in place," said Konstadinos Moros, director of legal research and education at the Second Amendment Foundation.