A group of Arkansas state senators has sent a letter to President Donald Trump and the Department of Justice (DOJ) demanding an investigation into a botched 2024 Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) raid that ended in the death of Clinton National Airport Director Bryan Malinowski.
Mr. Malinowski was an avid firearms collector who purchased multiple guns. He would attend gun shows to sell firearms he no longer wanted. The ATF opened an investigation into the man, believing he was engaged in the business of selling firearms without a federal firearms license (FFL). Arkansas allows the private sale of guns between individuals without requiring an FFL.
On March 19, 2024, ATF agents and Little Rock police executed a search warrant at Malinowski’s home at 6 a.m. to look for evidence of wrongdoing. The ATF breached the door with a battering ram. According to Malinowski’s wife, he believed the intruders were home invaders. He fired at the agents, striking one in the foot. Law enforcement officers returned fire, hitting Malinowski in the head. Two days later, he was pronounced dead at the age of 53.
The letter reads: “Awakened by the sound of the breach, Mr. Malinowski retrieved a handgun and encountered an armed silhouette entering his home. He fired toward the intruder’s feet. An ATF agent immediately returned fire, striking Mr. Malinowski in the forehead and killing him. Mrs. Malinowski was standing only inches behind him.”
The raid has left many questions and few answers. Mr. Malinowski had no criminal record. He was a well-liked member of the community with a high-paying job. Many Arkansans, including Arkansas State Senator Mark Johnson, have questioned the need for a pre-dawn, high-risk raid on Malinowski’s home. Sen. Johnson highlighted that the ATF even stated in its search warrant application that it did not believe Malinowski was a dangerous criminal.
“We don’t have answers, we only have questions,” Sen. Johnson told AmmoLand News. “We are asking the President to direct the DOJ to investigate. There is conflicting information from the ATF. The citizens of Arkansas deserve the truth.”
Another major question is the lack of body cameras. Most law enforcement agencies now employ body cameras for their officers. According to Sen. Johnson, the Little Rock Police Department has a policy requiring body cameras for all its officers, yet none of the Little Rock officers wore them during the raid. Additionally, ATF agents reportedly covered Malinowski’s doorbell camera with tape to prevent it from recording the operation.
The Arkansas legislature questioned Little Rock Police Chief Heath Helton, but the chief refused to answer any questions on the advice of the Little Rock City Attorney. Sen. Johnson said he was troubled by the lack of transparency, stating that Helton “stonewalled” the legislature. Instead of clearing up the situation, the non-answers only created more questions.
The letter highlighted several concerns of Arkansans. The senators who signed the letter believe these concerns have not been adequately addressed and are hoping a full and open investigation will resolve them. Both Republicans and Democrats signed onto the letter.
This incident raises numerous unresolved issues of grave concern to the State of Arkansas, including:
- Threat Assessment: The ATF identified no exigent circumstances, no criminal history, and no credible risk of violence prior to deploying high-risk tactics.
- Choice of Tactics: The use of a pre-dawn dynamic entry—normally reserved for dangerous suspects—appears irreconcilable with the known facts.
- Execution Failures: Agents deviated from the operations plan, failed to properly identify themselves, and failed to provide adequate notice to the occupants.
- Alternative Enforcement Options: Comparable cases involving suspected unlicensed firearm sales are frequently handled through warnings or cease-and-desist letters rather than tactical raids.
- Body-Worn Camera Compliance: Neither ATF nor Little Rock Police Department officers utilized body-worn cameras during the operation, despite departmental policies absolutely requiring their use.
- Potential Political Motivation: Questions remain as to whether the timing and aggressiveness of the operation were influenced by the impending rollout of the ATF’s final rule redefining “engaged in the business” of selling firearms.
Another concern in the letter is whether the raid was a pre-enforcement effort related to the “engaged in the business” (EIB) rule, which would have required citizens like Malinowski to obtain an FFL. Although the rule was not yet in effect, many believe it would have led to more similar incidents. On Wednesday, the ATF announced at a press conference attended by AmmoLand News that the rule was being repealed.
Currently, Bryan Malinowski’s wife, Maria “Maer” Malinowski, is suing the federal government for wrongful death. That case is still pending in federal court. The government has filed a motion to dismiss, arguing that the case should be dismissed under the Federal Tort Claims Act and the Bivens doctrine, thereby ending the lawsuit and preventing a jury trial.
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About John Crump
Mr. Crump is an NRA instructor and a constitutional activist. John has written about firearms, interviewed people from all walks of life, and on the Constitution. John lives in Northern Virginia with his wife and sons, follow him on X at @right2bear, or at www.crumpy.com.
The atf and all who ever worked with them, or for them, should be prosecuted for murder, tyranny and treason, breaking and entering, assault, lies and perjury, treats, intimidation, insinuation, theft etc. Officers, staff, lawyers and judges — all of them. This raid was a show of force by brandon to enforce his, “if you sell more than one gun you are a dealer policy”. Change hearts and minds through the use of fear and violence — TERRORISM. It’s not the first time that the atf has done this. Life is cheap at the atf. State sponsored terrorism. When you… Read more »
This is a knock on the door and ask questions case, with one officer, not a SWAT team no-knock raid killing someone. It’s (potentially) a licensing issue. Also, the ATF has never specified how many firearms you have to sell to require an FFL. Losing court case from the start which resulted in an innocent man’s murder. ATF should be abolished. Although with the FBI as corrupt as it is, I don’t trust them to take over their previous responsibilities, either!
The weak DOJ under Bondi neglected this important case. Bondi was a disappointment to me. I thought she was more competent at this job. Guess not.
This ATF atrocity was committed during the Fraudulent 46 era and it should have been made clear in the article. Having dealt w/the ATF over 25 yrs. when I was a licensed dealer, I can assure you that the ATF IS NOT YOUR FRIEND. Although I was always in full compliance, their approach and demeanor was adversarial in every way. ZERO respect for the ATF. .
There was no legal basis for the break in and murder of Brian. That entire team murdered an innocent man, terrorized his wife, and they should all go to jail. Life for those who ordered it. Life for those that OKed it. And life with no parole for the killer that broke into Brian’s house with the intent to kill him if he did not comply. You just have to wonder how that murdering POS sleeps at night. I am surprised he hasn’t eaten the business end of a .38 by now. And minimum of 15 to 20 for the… Read more »
While I wish them luck my expectations are about a .03 out of 10 that anything will actually happen. It’s not just ATF that’ll be under scrutiny it’ll also be OIA and OIG if the investigation was done correctly.
Good luck with that.
The ATF was suppose to be abolished; they “played” us with “time” so that we would cool off so to speak, and accept a new ATF Director who claims he is more Citizen and 2nd. Amendment Gun Owner friendly, and publicly sign some documents rolling back some regulation changes. When and if in the future the Left steals the election again and cheats/wins the presidency these regulations will be reverted back and the Agents of the ATF will rise-up with their Military Dress, Military Gear, Military Weapons and anxiously come against the Law-abiding U.S. Citizens with a long-suppressed pent-up blood-thirsty… Read more »
Nothing will happen. With all the incidents during the immigration-enforcement actions and the ensuing wailing, gnashing of teeth, and tearing of beards by the Left & the Independents, the Federal gov’t can’t afford to be culpable for anything and that, unfortunately, likely extends to BATFE actions – even though the incident in question happened under the former administration.
I suppose that if Trump wants to pile more blame on Shaky Joe he could direct the DOJ to look into it but, if so, it’s not likely to happen until after the midterms.
Well done. Your decision matrix is spot on. And the final component of your matrix is spot on both in this case and in many other cases where the Obama /Biden regime chose to execute low risk search and arrest warrants with SWAT teams late at night. The same was done to a Catholic pro-life demonstrator in Pennsylvania. This man showed no threat and volunteered to turn himself in to the US Attorney’s Office in Philly. Hardly a flight or resistance risk. Or take the televised case of Roger Stone and other Trump political operatives and allies who got the… Read more »