Arkansas Lawmakers Haven't Forgotten ATF Raid That Led to Death of Airport Executive

AP Photo/Andrew Harnik

It's been more than two years since Little Rock airport director Brian Malinowski was shot and killed during an early morning ATF raid on his home, sparked by Malinowski's private sales of firearms at area gun shows. 

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The ATF described Malinowski as a "major gun trafficker" and an unlicensed dealer, and the agency's raid took place just about a month before the Biden administration finalized a rule treating almost every gun owner who even offers a firearm for sale as someone "engaged in the business" of dealing firearms and subject to acquiring a Federal Firearms License. At the time of the raid, though, only those whose principal objective in selling firearms was "livelihood and profit" were required to get an FFL, and Malinowski's primary source of income, by far, was his job as Executive Director of the Clinton National Airport in Little Rock. 

Malinowski's widow has maintained that she and her husband believed they were being burgled when the ATF broke through their front door early on the morning of March 19, 2024. Malinowski allegedly fired several shots before he was shot in the head by an ATF agent, and Malinowski passed away from his injuries two days later. 

On Monday, 30 Arkansas state senators held a press conference with Malinowski's widow to announce they're seeking a federal investigation into Malinowski's death, and are sending a letter to President Donald Trump outlining their request. 

Sen. Mark Johnson (R-17) said the letter was to “find out what happened fully, and find out  the truth.” It was signed by 30 state senators. 

... Johnson was joined by Malinowski’s wife, Maria “Maer” Malinowski, who reportedly was by his side when he was shot by ATF agents. She thanked Johnson and the 30 senators who signed the letter, adding, “We need answers.”

This was Maer Malinowski’s first public statement since her husband’s death.

Johnson said the letter contained several questions that have been ongoing since Malinowski’s death, including agents not using body cameras, despite regulations requiring it, and the timing of the raid when the ATF was about to do a rollout on a policy regarding people who sold guns at gun shows but did not have a license.

... Maer Malinowski issued a statement through her attorney, Bud Cummins, after the news conference, calling for accountability.

“I am immensely grateful for this letter to President Trump, signed by so many Arkansas Senators. It has been two years since my husband was senselessly killed in our home. The government has never answered obvious questions about what happened or why. This letter shows that our state elected officials do not intend to let ATF sweep this tragedy under the rug without accountability.”

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Malinowski has also filed a wrongful death suit against the ATF. Second Amendment Foundation investigative journalist Lee Williams noted some of the issues raised in the lawsuit shortly after it was filed last year. 

During the investigation, at least two agents acting undercover interacted with Bryan at a gun show in Arkansas. Bryan answered one of the undercover agent’s inquiries by noting that he was a private seller, meaning he believed he did not need an FFL.

During their investigation, ATF learned a lot about Bryan. They knew he worked in a secure environment at the airport, where guns were not allowed.

They knew he had lived a law-abiding life with no criminal history, that he lived at home with his wife and two dogs, and that they kept a very regular schedule.

Bryan had no reason to believe that he was under investigation for violating the law. Bryan never received a letter of inquiry, audit, personal visit, or request for information from the ATF; nor did he ever receive a target or subject letter from the Department of Justice notifying him that he was under investigation.

On March 6, 2024, ATF Special Agent Troy Dillard obtained two federal search warrants, which authorized federal agents to search the Malinowski home and Bryan’s vehicle for firearms, ammunition, electronics, sales records, and correspondence.

Importantly, it was not an arrest warrant. Nor did it set forth any facts that would lead any person to believe Mr. Malinowski would evade law enforcement, fail to cooperate, be dangerous, or pose a threat or risk of destroying evidence.

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It still makes no sense to me why the ATF decided to serve the search warrant by conducting an early morning raid on Malinowski's home instead of sending a team to serve the warrant on Malinowski at his workplace, or even stopping him on his way to work. The lack of body cameras by ATF field agents is also troubling.

A local prosecutor ruled that the ATF agent who shot Malinowski was justified in his actions, but that decision hasn't stopped Maer Malinowski and others from seeking a more thorough investigation and accountability. We'll have to wait and see if the lawmakers' letter has any effect when it reaches the president and acting Attorney General Todd Blanche, but I hope that it will lead to Maer Malinowski getting answers to the questions she's been asking for the past two years. 

Editor’s Note: The radical Left will stop at nothing to enact their radical gun control agenda and strip us of our Second Amendment rights.

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