Gun rights groups, including the National Rifle Association and Gun Owners of America, hit back at a California federal prosecutor after he wrote that officers are likely "legally justified" in shooting someone who approaches law enforcement with a gun.
The row followed the fatal shooting of Minneapolis protester Alex Jeffrey Pretti by federal immigration officers.
Federal officials have said a Border Patrol agent shot and killed Pretti, a 37-year-old intensive care unit nurse, during an immigration enforcement operation Saturday morning in south Minneapolis and that Pretti was armed.
But bystander videos circulating after the shooting do not appear to show Pretti holding a gun, and local officials have said he was a lawful gun owner with a permit to carry.
In the wake of the shooting, U.S. Attorney for the Central District of California Bill Essayli posted on X: "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!"
The NRA responded on X that the sentiment was "dangerous and wrong": "Responsible public voices should be awaiting a full investigation, not making generalizations and demonizing law-abiding citizens."
Essayli responded, “My advice stands: If you value your life, do not aggressively approach law enforcement while armed.
"If they reasonably perceive a threat and you fail to immediately disarm, they are legally permitted to use deadly force.”
Gun Owners of America, in a statement shared online, said it was "essential" for the Justice Department to conduct a "complete, transparent, and prompt investigation," and added: "Furthermore, we condemn the untoward comments of U.S. Attorney Bill Essayli."
The GOA said federal agents are not 'highly likely' to be 'legally justified' in 'shooting' concealed carry licensees who approach while lawfully carrying a firearm," reported the Los Angeles Times.
After backlash, Essayli wrote on X that critics were "adding words to mischaracterize my statement," and said: "I never said it's legally justified to shoot law-abiding concealed carriers.
"My comment addressed agitators approaching law enforcement with a gun and refusing to disarm."
Essayli was sworn in as U.S. attorney for the Central District of California in April 2025, according to the Justice Department.
The shooting has also triggered a legal fight over evidence and investigative access in Minnesota.
A federal judge granted a temporary restraining order sought by state and local officials aimed at preventing federal authorities from destroying or altering evidence related to Pretti's death and set a hearing for Monday in federal court in St. Paul.
The Pretti shooting sparked major protests in a city already experiencing demonstrations after an ICE officer fatally shot Renee Good on Jan. 7.
Jim Thomas ✉
Jim Thomas is a writer based in Indiana. He holds a bachelor's degree in Political Science, a law degree from U.I.C. Law School, and has practiced law for more than 20 years.
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