By now, you’ve probably heard that the ATF shot and killed Bryan Malinowski, a well-respected Arkansas airport executive, during a predawn raid at his home. What you might not have seen is the 230+ page lawsuit [H/T arkansasadvocate.com] just filed by his widow, Maer Malinowski — and it lays out a jaw-dropping case of overreach, recklessness, and deadly incompetence by the federal government.
Let’s break it down.
A Deadly Raid Over… a $200 License?
Malinowski’s alleged “crime” wasn’t murder, trafficking, or terrorism — it was allegedly selling too many guns at local shows without an FFL. He wasn’t running an underground arsenal. He was a coin and gun hobbyist who liked to wheel and deal on weekends. He made over $260,000 a year running Little Rock’s airport — hardly someone flipping guns for a living.
But in the early hours of March 19, 2024, the ATF rolled up in ten vehicles, disabled his security cameras, banged for less than 20 seconds, and blew down his door with a battering ram. Within a minute, Malinowski was shot in the head and left to die.
“The ATF predicated this ultimate seizure of his person on a federal search warrant… for acting as a firearms dealer without having secured a $200 firearms license.” — [Complaint, p. 1]
The Lawsuit: A Scathing Indictment
The federal lawsuit, filed May 15, 2025, charges ATF agents and the U.S. government with:
- Wrongful Death [some call it murder]
- Excessive Force
- Failure To Knock And Announce
- Illegal Entry
- False Imprisonment
- Assault And Battery
- Intentional Infliction Of Emotional Distress
Malinowski never received a letter, a visit, or even a phone call to inform him he was being investigated. He had no criminal record, no signs of being violent, and lived a quiet life with his wife and dogs.
Even the ATF agents themselves admitted they expected no trouble.
“Mr. Malinowski was ‘the last person I would have imagined that we would have been in an armed confrontation with.’” — [Agent Shannon Hicks, Complaint, p. 13]
Yet ATF chose to launch a military-style raid using tactics designed for drug dealers and violent felons.
Bodycams Off. Shield Left Outside. No Real Announcement.
Despite ATF policy requiring body cams during raids, not a single agent wore one. They didn’t use their PA system. They covered the Ring doorbell. The one cop who flipped his siren did so for just 1.5 seconds — so brief, not a single neighbor noticed.
Worse? They waited just 19 seconds after knocking before smashing through the door.
“At 6:02:58 a.m. they began knocking… at 6:03:17 a.m., they stopped knocking and breached.” — [Complaint, p. 27]
Malinowski, awakened from sleep, thought he was being attacked by home invaders. He grabbed a pistol and fired a warning shot into the floor. An agent fired back, hitting him in the head.
“He did not know… the people who broke down his front doors were law enforcement.” — [Complaint, p. 3]
They Let Him Die. Then Treated His Wife Like a Criminal.
After the shooting, agents offered no medical help. Bryan lay on the floor, gasping for air. His wife, Maer, was detained in 30-degree weather, barefoot in a tank top and boxers, for hours. She was denied a ride in the ambulance, denied clothes, denied even a bathroom break — then filmed by bodycam while using the restroom at a firehouse.
“We didn’t do anything wrong… Oh, you guys got the wrong house.” — Maer Malinowski, over heard on a patrol car audio.
The Rule Changed… After They Killed Him
Even more outrageous? The ATF rule that supposedly justified the raid — the “engaged in the business” definition — didn’t take effect until a month after Bryan’s death.
“The law at the time… required the principal motivation behind selling guns be livelihood and profit.” — [Complaint, p. 11]
But Bryan was a collector, not a dealer. And ATF knew it.
“They decided his suspected infraction was serious enough to warrant a pre-dawn dynamic raid.” — [Complaint, p. 12]
No Accountability. No Arrest. No Justice… Yet.
The Arkansas State Police refused to evaluate whether ATF’s tactics were lawful, saying that’s up to DOJ. And DOJ? Crickets. Nobody’s talking. Nobody’s facing consequences.
This lawsuit might be the only shot at justice.
Why This Lawsuit Matters
This wasn’t just a botched raid. This was the state using federal firepower against a peaceful, law-abiding citizen over a paperwork technicality — and executing him in his own home.
Gun owners across America should take notice. If they can do this to a well-paid airport exec with no criminal record, they can do it to anyone.
As the lawsuit reminds us: “The Constitution is designed to prevent this very tragedy.” — [Complaint, p. 1]
Final Thoughts
We’ve seen the ATF bungle operations before — Waco, Ruby Ridge, Fast and Furious — but this feels different. This is post-Bruen. This is post-Trump raid. And this time, they left a quiet coin & gun collector dead in a pool of his own blood, over an accusation that wouldn’t even be illegal under the rules in effect at the time.
Let’s be clear: The ATF isn’t just out of control. It’s out of bounds. And if Congress doesn’t rein them in, we’re going to see more body bags before we see justice.
MARIA DEL SOCORRO MALINOWSKI v. UNITED STATES OF AMERICA, BUREAU OF ALCOHOL, TOBACCO, FIREARMS
ATF Agent Who Killed Little Rock Airport Executive Will Likely Walk
Give the ATF a break,after all they did kill the right guy at the right address just like they will when they come for me and you.
They should be disbanded, if not that disarmed. Take away all their tacticool toys, and give them a .38 snubbie, with one bullet they must carry in their top pocket like Barney Fife.
Raid was not incompetence. It was planned too carefully to maximize opportunity to shoot Mr Malinowski for me to believe that was accidental. It was cold-blooded deliberate murder for which not only the agents involved but any who participated in planning for the raid should face prosecution. I’d go further and say those people’s supervisors should be charged and fired for failure to properly supervise. Qualified Immunity only applies only to legal actions performed in pursuit of their duties. Their duties do not include cold-blooded murder nor is it a legal action. Arkansas state police refused to investigate because they… Read more »
I can’t comment about this. Ammoland would probably ban me from the site for what I have to say!
How much more innocent than Malinowski can one get? Where is Schumer to lead the outrage which this atrocity deserves?