Concealed Carry – Why State Law, Not Federal Law – Determines the Answer
Over the past few weeks, I’ve had several people reach out on social media asking some variation of the same question: “Can I legally carry a concealed firearm if I attend or observe a protest against ICE?” The reason these questions are coming up now is tied to some national news that grabbed attention earlier this year, including the fatal shooting of a Minneapolis resident named Alex Pretti during a demonstration around
federal immigration enforcement. Pretti was an ICU nurse and lawful gun owner with a Minnesota concealed-carry permit when he was killed by federal agents during an enforcement operation in downtown Minneapolis amid protests. This shooting — and the disagreements about what happened in those moments — has been a central catalyst for protests and discussions about recording ICE activity and the right to bear arms in public.
At first glance, it’s easy to assume that when an issue involves federal agents, it must be governed by federal law. But in the context of firearms and public protests, that assumption leads many people astray. The legality of carrying a concealed firearm while participating in — or even just present at — a protest against ICE isn’t governed by some nationwide federal rule; it’s governed by the handgun and carry laws of whatever state you are in.
Let’s start with something that surprised me personally.
About a year ago, I went through the process of purchasing a handgun in North Carolina. What struck me wasn’t the political debate or the commentary around the Second Amendment; it was how fast and straightforward the purchase was. I walked into a store, filled out the required questionnaire, and the instant background check cleared. In roughly fifteen minutes, I walked out with a handgun in hand. There was no
waiting period and no purchase permit requirement.
What many people overlook is what happens after that when you want to carry the firearm in public. In North Carolina, carrying a concealed handgun requires a Concealed Handgun Permit (CHP), and North Carolina law requires the applicant to complete a state-approved class with at least eight hours of instruction, including a live-fire demonstration and instruction about legal use and safe handling. Many instructors offer the bare minimum to satisfy the statute, but I intentionally took one of the longer, more comprehensive options — two full eight-hour days of structured training — because that level of preparation feels appropriate for anyone choosing to carry in public.
That background matters because the core of the question you’re asking — about carrying at a protest — isn’t primarily about federal policy. It’s about how your state treats firearms in public, including at demonstrations.
Federal Law Isn’t the Deciding Factor
Contrary to what some statements in national media might suggest, there is no general federal law that says you can’t carry a concealed firearm while protesting ICE or any other federal agency. Federal criminal statutes do include prohibitions on firearms in certain federal facilities or restricted zones around federal buildings, but they do not contain a blanket ban on carrying firearms at protests involving federal operations. In most settings, federal law defers to the relevant state’s concealed-carry and open-carry rules.
So rather than asking whether federal law allows it, the real issue is: What does your state law say about carrying a firearm while attending or observing a protest?
The Default if a State Is Silent
Here’s an important principle that often gets lost in the noise: If a state does not have a law that specifically prohibits firearms at protests, then the default rule is that lawful carry — whether concealed or open — is still lawful in public places. States generally do not need to pass a special law saying “yes, you can carry at protests.” They simply allow carry under their general rules, and unless they specifically carve out protests as a forbidden location, that permission continues to apply.
This basic rule isn’t intuitive to everyone, but it’s how most state firearms laws are structured.
Minnesota: No Protest-Specific Ban
Under Minnesota law, a person who has a valid permit to carry a firearm — whether concealed or openly — may generally carry that firearm in public, and there is no statute that says that right evaporates simply because the person happens to be at a protest or demonstration. Permit holders in Minnesota keep their rights on that front unless another specific legal restriction applies. That’s important context for understanding public debates following incidents like the killing of Alex Pretti, because subsequent gatherings in Minneapolis and beyond have included people discussing their rights to record federal agents or observe enforcement actions while legally armed.
It’s also worth noting that Minnesota does not criminalize what some states call “brandishing” as a separate offense; rather, threatening or reckless conduct with a firearm is subsumed under broader criminal statutes. But the simple act of carrying a permitted firearm at a protest is not, by itself, a violation of Minnesota’s gun laws.
North Carolina: A Very Different Rule
North Carolina takes a markedly different approach. While the state issues Concealed Handgun Permits, state law expressly prohibits carrying a concealed firearm at parades, demonstrations, and protests. The statute’s language does not limit this prohibition only to people actively participating in non-peaceful conduct; it applies to anyone with a concealed handgun who is present at such an event. In practical terms, that means you could be observing on the sidewalk, filming, or simply walking past and still be violating the law if you are carrying concealed. This is one of those areas where a permit does not provide a blanket authorization, and it underscores why it’s critical to know your own state’s particulars before showing up somewhere armed.
Comparing with Another State: Rhode Island
To illustrate just how different these laws can be, consider a state like Rhode Island. Rhode Island is a “may issue” jurisdiction, meaning local authorities have discretion in granting concealed-carry permits, and the process can involve background checks, training requirements, and character references. Once a permit is issued, Rhode Island’s firearm laws — like every other state’s — determine where carry is allowed. Rhode Island does not have a blanket federal-style prohibition on protest carry; instead, the law follows the general public-carry framework established by state statute and any applicable local restrictions expressly authorized by law. This shows that the requirements to get a permit and the scope of what that permit allows are both matters of state law.
The Bottom Line
If there’s one clear takeaway from all of this, it’s that the question of whether you can legally carry a concealed firearm to a protest is not determined by federal policy, even when federal agencies like ICE are involved. Federal law largely defers to state firearms law on concealed and open carry in public places. Some states, like Minnesota allow lawful carry — including at demonstrations — under its general rules. Others, like North Carolina, expressly prohibit concealed carry at protests, regardless of whether the person is actively participating.
Your permit only authorizes what your state statute allows. Knowing the statute — not national headlines, not social media debates — is the only reliable way to know where you stand legally.
A Related Topic Worth Watching
If you’re thinking about firearms, responsibility, and planning beyond the question of protest carry, there’s another topic — often overlooked until it matters — that you might find useful: gun trusts. I’ve put together a related video explaining what gun trusts are, why people use them, and how they fit into legal and estate planning.
You can watch that here: https://youtu.be/AtdV7xMxNJ0?si=HokCJb9u0ceip-4c
Understanding the law before you need it is easier than trying to sort things out afterward — especially in emotionally charged situations.