Agents with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) say Brian Malinowski, the managing director of the Little Rock, Arkansas, airport and an avid gun collector, is reselling enough guns at gun shows to make more money for himself. I doubted it. It is closer to a commercial person than a hobbyist. In the ATF’s view, this meant he had to obtain a federal firearms license. So on March 19, agents did what law enforcement officers do when they suspect people may have violated their paperwork. They raided his home before dawn, recorded it on a doorbell camera, and shot and killed Malinowski less than a minute after he opened fire on the intruder. He was arrested at his front door.
Naturally, ATF agents are on the move to avoid the consequences of a paperwork violation that led to the man’s death.
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Who is self-defense for?
“A law enforcement officer is justified in using deadly physical force when the officer reasonably believes that use of force is necessary to protect himself or a third party from the use of deadly force,” said Will Jones, 6th Judicial District Attorney. Will Jones said: writes in his letter To ATF Special Agent Joshua Jackson Representative exemption The person who killed Malinowski is legally responsible. “Considering the totality of the circumstances, Agent 2 had a reasonable belief that deadly force was necessary to defend himself and Agent 1. Therefore, Agent 2’s use of deadly force was justified and warranted under Arkansas law.”
Of course, Malinowski himself may have felt justified in using deadly force, considering that the front door of his family’s home was broken down just seconds after strangers began pounding on the door.
“Had he survived, he would almost certainly have been entitled to claim self-defense for the agent’s injuries based on the reckless manner in which the government planned and executed the search,” said Bud Cummins, a former U.S. attorney representing the Malinowski family. me.
A raid that defies the rules
Reckless is right. In 2021, the Justice Department issued guidance to federal agencies on the use of chokeholds and knock-knock raids. The raid on Malinowski’s home went far beyond those guidelines.
“Because of the risk posed to both law enforcement and civilians while executing a ‘no-knock’ warrant, it is important that this authority is exercised only under the most compelling circumstances,” said Deputy Attorney General Lisa Monaco. wrote. “At the time the warrant was sought, the deputy’s knocking and announcing the deputy’s presence created an imminent threat of physical violence to the deputy and/or another person.”
Malinowski was a prominent member of the community. he still listed Executive Director of Bill & Hillary Clinton National Airport, posted on the Little Rock website. It is suspected that he was classified as a dealer engaging in commercial activities in the category of selling unwanted firearms as a hobby. This is not an actual crime involving the victim, it is just a technical violation (leaving aside issues of rights and constitutionality) that can be legalized by obtaining the necessary licenses. Surely ATF agents had to do more than that before kicking down Malinowski’s door?
ATF did not respond to my inquiries. but affidavit Search warrants in the case focused exclusively on Malinowski’s sales at gun shows and noted that some were later involved in the crime. There is no hint that Malinowski posed any danger.
Cummins, the Malinowskis’ attorney, said, “Malinowski is only accused of violating the ATF’s unconstitutionally vague rule regarding what qualifies as a ‘person engaged in the business of selling firearms’ based on subjective observations of his occasional gun show appearances.” He said. me. He added that based on his experience, “this is without a doubt the most minor crime that the U.S. Attorney’s Office can ignore.”
“Unconstitutionally vague” is a good way to describe a rule that could shut you down if ATF agents read the wrong tea leaves or simply don’t like you.
Legality is a matter of interpretation
According to the ATF, “Federal law does not set ‘clear’ rules for when a federal firearms license is required.” Official Guidance for the Public, updated last year. “As a result, there is no specific threshold number or frequency of sales, quantity of firearms, amount of profit or time invested that triggers licensing requirements. Instead, determining whether you are ‘engaged’ in the business of handling firearms requires: Your activities Please look at the specific facts and circumstances.”
Malinowski would have read those amorphous instructions and come to very different conclusions about the nature of his activities than an ATF agent who woke up in a bad mood. He was able to have a steady job and establish his hobbies so that he could ~ no While commercial dealers, ATF agents decided differently. These differing interpretations lead to 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., according to Assistant U.S. Attorney Will Jones, who says the ATF did nothing wrong. Opened at 27 seconds, Bryan defeated Malinowski. be mortally wounded 6:03:44 AM.
Don’t expect results
After the release of a local prosecutor’s report exonerating the agent who killed Malinowski, the ATF will conduct an internal review of the agents’ conduct. You can probably guess what happens. But some elected officials are also concerned. Member of the House Judiciary Committee Grilled ATF Director Stephen Detelbach Last month we talked about the validity of crackdowns and the lack of cameras.
“The highest paid citizen in Little Rock, Arkansas city government runs the airport and makes $260,000 a year. No criminal history, nothing. And he was killed in a dawn raid when he sure looks like you. When he wasn’t there. “They could have served this search warrant.” Rep. Jim Jordan (R-Ohio) broken In Dettelbach.
Malinowski’s death at the hands of ATF agents has received widespread attention. was A famous and wealthy person. What about those without resources and connections? raidSet for a sleazy bust or something. abuse It’s based on the mood of agents interpreting vague federal regulations in a way that suits their own biases. second amendment.
Despite Malinowski’s reputation, his brutal death at the hands of ATF agents will likely go unpunished. Unfortunately, the agent who killed him wouldn’t be the first agent to get away with murder.
