Was Alex Pretti in possession of a firearm during, not leading up to, the moment he was shot?

1. The visual record: independent videos show Pretti unarmed in his hands when shots were fired

Multiple videos shared and verified by news organizations depict Pretti holding a phone and not a gun during the initial tussle with agents, and at least one clip shows an agent walking away from the scuffle holding a handgun seconds before gunfire erupts, a sequence reporters describe as contradicting early DHS and administration statements that Pretti “brandished” a weapon ^{[1] [2] [6]}.

2. Eyewitness affidavits and sworn testimony back the video’s depiction

Two sworn affidavits filed in a federal court lawsuit and reported by The Guardian recount witnesses who said they did not see Pretti holding or brandishing a weapon at any point and described him as not resisting when agents pulled him to the ground — testimony that aligns with the video angles showing no visible gun in his hands during the confrontation ^[4].

3. Federal officials’ public claims and the DHS photo of a recovered gun

Department of Homeland Security leaders have repeatedly stated that Pretti “approached U.S. Border Patrol officers with a 9 mm semi-automatic handgun” and that a firearm and magazines were recovered from him; DHS also released an image of a gun it said was in his possession, which the agency points to in support of its account that agents faced an armed subject ^{[1] [5] [3]}.

4. Forensic and expert readings of the footage: disarmament before the shots

Firearms instructors and analysts interviewed by local outlets reviewed the footage and said it appears that an agent removed a gun from Pretti just seconds before shots were fired — one instructor told KSTP that the threshold for justified use of lethal force would require an imminent threat, and that, on the videos, it appears Pretti had been disarmed when the shots occurred ^[3].

5. Contradictions about who fired first and whether the recovered gun discharged

Reporting notes important uncertainties: some videos do not clearly show who fired the first shot, and expert commentary has floated the possibility — unconfirmed in public reporting — that the recovered firearm might have discharged accidentally amid the struggle, a scenario cited in some commentary but not established by the publicly released footage or official statements ^{[2] [7]}.

6. Political, institutional and narrative stakes shaping the dispute

High-level officials, including DHS leaders and members of the administration, framed the shooting as an act of self-defense by agents and emphasized that a weapon was recovered, while gun-rights groups, local officials and many witnesses stress Pretti’s lawful concealed-carry status and point to video evidence that he did not brandish a gun — a split that has driven calls for a full independent probe and fueled intense public reaction ^{[8] [9] [10]}.

7. Final assessment: what can and cannot be concluded from current reporting

Based on multiple independent videos and sworn witness accounts reported so far, the best-supported factual conclusion in public reporting is that Pretti did not have a firearm in his hands at the precise moment he was shot and that an agent is seen with a gun taken from Pretti seconds earlier; however, federal claims that Pretti “approached” with a handgun and the DHS release of a recovered-weapon image create a factual dispute about timing, provenance and who fired first that current reporting cannot fully resolve without a complete forensic timeline and the full investigative record ^{[1] [3] [2] [4] [5]}.