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.
