SOUTHEASTERN N.C. — As arguments over U.S. Immigration and Customs Enforcement authority and behavior crosses aisle lines, another debate has transpired in the wake of a Minnesota man’s death over the weekend: whether guns are allowed to be carried by the public at protests.
While in Minnesota, the answer is yes, it’s not the same in North Carolina. It’s illegal to carry a weapon — including but not limited to a gun, rifle, pistol, or other firearm — to a protest in the Tar Heel State. The law was first ratified in 1981, enacted to prevent people from using weapons to intimidate, threaten or try to terrorize others in public spaces.
READ MORE: Wilmington joins nationwide protests over fatal ICE shooting of Renee Good
The law details any person “participating in, affiliated with, or present as a spectator” to a parade, procession, or demonstration is prohibited from carrying or having “immediate access” to a dangerous weapon. Breaking the law could result in being charged with a Class 1 misdemeanor, according to General Statute 14-277.2. The second-most serious classification of misdemeanor, it is punishable with a maximum jail sentence of 120 days, with fines at a judge’s discretion
Every state’s laws are different when it comes to carrying weapons at protests, as there is no overarching federal regulation. According to Everytown, a national gun violence prevention organization, 25 states allow — or do not specifically prohibit — firearms at demonstrations, while 25 do not.
In Minnesota over the weekend, Alex Pretti, a veteran ICU nurse and legal gun owner, was filming an ICE arrest, no weapon in either hand, when he was shot and killed on Jan. 24 by ICE officers. As shown in a video, Pretti was attempting to help a woman up from her knees when approached by ICE agents. Pretti reprimanded the agents, telling them to not push anyone in the middle of the street in front of traffic. ICE then began spraying a chemical irritant and the video shows Pretti holding his cellphone in his right hand, recording the incident, with his other hand lifted in front of his face.
Federal agents then threw Pretti to the ground, with one agent repeatedly smacking him with the metal chemical spray bottle. Officers searched him and discovered a concealed handgun, with one agent removing it from Pretti’s holster before others opened fire, shooting Pretti 10 times even after he was unmoving. According to PBS, a federal agent said “boo hoo” to a nearby person in distress over Pretti’s shooting.
The Department of Homeland Security posted on X that Pretti approached officers with his weapon and “wanted to do maximum damage and massacre law enforcement,” with the suspect having two magazines and no ID. Video indicates Pretti’s gun was not brandished.
The day after the shooting, FBI Director Kash Patel told Fox News: “You cannot bring a firearm loaded with multiple magazines to any sort of protest that you want. It’s that simple.”
However, the Minneapolis Chief of Police, Brian O’Hara, also went on the record on CBS on Sunday morning saying Pretti held a permit and was within his rights to carry a firearm in a public space and even to a protest, as allowed under Minnesota law.
A flurry of responses have posted on social media since the shooting — one from First Assistant U.S. Attorney for the Central District of California Bill Essayli: “If you approach law enforcement with a gun, there is a high likelihood they will be legally justified in shooting you.”
This prompted the U.S. premier gun rights lobbying group, The National Rifle Association, to respond to Essayli’s sentiments as “dangerous and wrong.”
“Responsible public voices should be awaiting a full investigation, not making generalizations and demonizing law-abiding citizens,” according to the official NRA X account.
The NRA posted a separate statement on the social media platform the same day of the shooting, 10 minutes prior to its response to Essayli:
“For months, radical progressive politicians like Tim Walz have incited violence against law enforcement officers who are simply trying to do their jobs. Unsurprisingly, these calls to dangerously interject oneself into legitimate law-enforcement activities have ended in violence, tragically resulting in injuries and fatalities.”
The group continued to urge a thorough investigation, noting as “facts” emerge, political voices should “lower the temperature to ensure their constituents and law enforcement officers stay safe.”
The NRA, with its more than three-million member base, has been a donor to right-leaning politicians and the Republican National Committee, giving tens of thousands of dollars, including $115,000 in 2024, to ensure gun rights and policy align with its interpretation of Second Amendment rights. The organization donated more than $25,000 to President Donald Trump in 2020 and 2024 combined, according to Open Secrets, though spent upward of $30 million in 2016 for Trump’s campaign.
The NRA has given money to well-known political state leaders like Senator Ted Cruz (R-Florida) and Senator Mitch McConnell (R-Kentucky). In North Carolina, it contributed $2,000 to Rep. David Rouzer’s 2024 campaign and donated the same amount to Rouzer in 2022. That year the organization also gave $4,950 to Senator Ted Budd. The last time Senator Thom Tillis received support from the NRA was in 2020, with $8,000.
Tillis, who decided to not run for reelection this year after a dispute with the president over Medicaid, also called for a “thorough and impartial investigation” into the shooting of Pretti. He wrote on X on Jan. 25 that it was the basic standard.
“For this specific incident, that requires cooperation and transparency between federal, state, and local law enforcement,” Tillis wrote. “Any administration official who rushes to judgment and tries to shut down an investigation before it begins are doing an incredible disservice to the nation and to President Trump’s legacy.”
Port City Daily reached out to the state chapter of the NRA to ask about further statements on the Minnesota shooting but also to inquire about its lobbying efforts in North Carolina. Most recently, the NRA advocated for permitless concealed carry in the state, which Gov. Josh Stein vetoed but it was overridden by the Senate last summer; Senate Bill 50 is slated to go before the House, which needs a three-fifths majority vote, next month. Port City Daily wanted to know if the NRA also would be advocating for firearms being allowed at demonstrations, but didn’t receive a response by press.
Not only has the NRA spoken out, other gun rights’ groups have too. The U.S. Concealed Carry Association backed Pretti’s protected rights in Minnesota. The Gun Owners of America also issued a statement: “The Second Amendment protects Americans’ right to bear arms while protesting — a right the federal government must not infringe upon.”
Locally, should a weapon be brought to a protest, Lt. Jerry Brewer of the New Hanover County Sheriff’s Office informed Port City Daily it results in an immediate arrest.
The most recent arrests, Brewer confirmed, were back in 2020 during protests held in downtown Wilmington at the height of George Floyd’s murder and Black Lives Matter demonstrations. Three or four individuals were arrested for gun possession, as reported by Port City Daily. Three individuals had been arrested for being armed at the protest in May, though four were said to have been seen carrying.
PCD asked Brewer how the sheriff’s office differentiates between a passerby with a gun and a participant or spectator at a demonstration, procession, or parade.
“We rely on training and experience when making a decision on whether or not someone has broken the law,” Brewer said. “This training includes crowd management and control, lawful assembly considerations, de-escalation techniques, use-of-force decision-making, coordinated response strategies, and adherence to constitutional policing principles.”
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