Agents with the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) suspect Bryan Malinowski, executive director of the Little Rock, Arkansas, airport, is an avid firearms collector. Sell enough guns at the show to earn more guns. In the ATF’s view, this means he should obtain a federal firearms license. So on March 19, agents did what law enforcement officers do when they suspect someone of a clerical violation: They raided his home before dawn, taped off the doorbell camera, and less than a minute later, Malinowski was shot and killed when he opened fire on the intruder.
As expected, ATF agents are running away from consequences for a paperwork violation that resulted in the death of a man.
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Self-defense, but for whom?
“A law enforcement officer is justified in using deadly force if he reasonably believes that the use of force is necessary to protect himself or a third person from lethal force,” Sixth Judicial District Attorney Will Jones wrote in the letter. “Given the totality of the circumstances, Agent 2 had reasonable grounds to believe that the use of deadly force was necessary to protect himself and Agent 1. Therefore, Agent 2’s use of deadly force was consistent with Arkansas law and was reasonable.”
Of course, Malinowski himself may have felt justified in using deadly force because his front door was smashed down seconds after the stranger started banging on the door.
Bud Cummins, a former U.S. attorney who represents the Malinowski family, said: “Had he survived, he would have almost certainly been entitled to claim self-defense for injuries sustained by agents because of the reckless manner in which the government planned and executed the search. .
Rule-breaking raid
It’s right to do whatever it takes. In 2021, the Justice Department issued guidance to federal agencies on the use of chokeholds and no-knock searches. The search of Malinowski’s home went well beyond that guidance.
“Due to the risks to both law enforcement officers and civilians during the enforcement of a ‘no-knock’ warrant, it is important that this authority be exercised only in the most pressing circumstances,” Deputy Attorney General Lisa Monaco wrote. Important. “Agent may seek judicial authorization to conduct a “no-knock” entry only if, at the time the warrant is sought, the agent has reasonable grounds to believe that knocking on the door and announcing the agent’s presence would pose an imminent threat of physical violence to the agent./or otherwise one person.
Malinowski, a prominent member of the community — he is still listed on the Little Rock website as executive director of the Bill and Hillary Clinton National Airport — allegedly slipped from the category of hobbyist selling unwanted firearms to the category of dealers engaged in commercial activities. This is not a real crime involving the victim, just a technical offense that can be legalized by obtaining the required permission (rights and constitutionality issues aside). Surely the ATF agents had more to do before they kicked down Malinowski’s door?
The ATF did not respond to my inquiry. But the search warrant affidavit in the case focused entirely on Malinowski’s sales at gun shows and mentioned some of them were later involved in crimes. There was no indication Malinowski posed a danger.
Cummins, the Malinowskis’ attorney, told reporters: “Malinowski is suspected of violating the Bureau of Alcohol, Tobacco, and Firearms’ unconstitutionally vague provisions regarding the qualifications of ‘persons engaged in the business of selling firearms.’ This is based on his being an occasional A subjective observation of the appearance of an exhibitor at a gun show. Speaking from experience, he added, “this is certainly the least serious crime that the U.S. Attorney’s Office will overlook.” “
“Unconstitutionally vague” is a good way to describe the rules that could kick you in the door if an ATF agent reads the wrong tea leaves or just doesn’t like you.
Legitimacy is a matter of interpretation
According to the ATF’s official public guidance, updated last year, “Federal law does not set out ‘clear’ rules on when a federal firearms license is required.” “Therefore, there is no specific quantity or frequency of sales, number of firearms, amount of profit, or input time to trigger the licensing requirement. Rather, determining whether you are “in the business of dealing in firearms” requires consideration of the specific facts and circumstances of your activity.”
Malinowski likely read these unclear guidelines and came to very different conclusions about the nature of his activities than an ATF agent would come to in a bad mood. He could have taken on a steady job and established his own hobby, which shows he was no Commercial dealers, and ATF agents have different decisions. Prosecutor Will Jones said the ATF did nothing wrong, and according to these varying explanations, there was a knock on Malinowski’s front door at 6:02:59 a.m. on March 19 and a knock on the door at 6:03 a.m.: 27 was knocked away and Brian Malinowski was shot and killed at 6:03:44 AM.
Don’t expect consequences
The ATF will conduct an internal review of its agents’ conduct following the release of a local prosecutor’s report exonerating the agent who killed Malinowski. You can probably guess how things will turn out. But some elected officials are also concerned. Last month, members of the House Judiciary Committee questioned ATF Director Steven Dettelbach about the propriety of the no-knock search and the lack of cameras.
“You have a citizen, the highest-paid official in city government in Little Rock, Arkansas, making $260,000 a year running the airport. No criminal background, nothing. And he died in a predawn raid, and that does look like you He could have executed the search warrant when he wasn’t there,” Rep. Jim Jordan (R-Ohio) snapped at Detelbach.
Here’s a thought: Malinowski’s death at the hands of ATF agents attracted widespread attention because he used to be A prominent and wealthy person who has no resources and connections can be raided, framed, or otherwise mistreated based on the emotions of agents who conveniently interpret vague federal rules in any way that suits their biases—these Rules cannot be reconciled with individual rights and national interests.
Despite his reputation, Malinowski died at the hands of ATF agents with seemingly impunity. Unfortunately, the agent who killed him wasn’t the first to get away with murder.
