Illegal guns sales led to fatal ATF raid on airport director Malinowski’s home, affidavit says

 A federal magistrate judge on Thursday afternoon unsealed a search warrant, a supporting affidavit and other records related to the case against Bryan Malinowski, the Little Rock airport executive director fatally wounded Tuesday in an exchange of gunfire with agents with the  Bureau of Alcohol, Tobacco, Firearms and Explosives. Malinowski, 53, died earlier Thursday.

The search warrant lists two violations that allowed ATF agents to enter Malinowski’s house: dealing in firearms without a license and unlawful acquisition of a firearm.

Details are provided in an affidavit, provided by the U.S. Attorney’s office for the Eastern District of Arkansas. It says Malinowski purchased at least 150 guns over the past three years, many of which he sold at gun shows or to private buyers in other settings. Six firearms that passed through Malinowski’s hands are known to have been recovered in the commission of a crime, the affidavit says, although at least half of the crimes it describes are marijuana possession. He sold three firearms to undercover officers.

Buying and selling guns is not illegal. But according to court documents released Thursday, Malinowski signed forms when he purchased the guns declaring he was buying them for himself and not for resale. This stipulation is included on federally required paperwork signed by Malinowski: “I further understand that the repetitive purchase of firearms for the purpose of resale for livelihood and profit without a Federal firearms license is a violation of Federal law.” A single offense can result in a fine and up to 20 years in prison.

While court documents suggest Malinowski spent a lot of time buying and selling guns and likely skirted the law in regards to paperwork, it remains unclear exactly what happened during the early morning raid at his home or why he fired on federal agents.Malinowski’s family issued a statement Thursday afternoon through Bud Cummins, a former U.S. attorney and onetime chief legal counsel to former Gov. Mike Huckabee, who is acting as a spokesperson for the family. 

“We do not understand the government’s decisions which led to a dawn raid on a private home and triggered the use of deadly force,” the statement said. “We are obviously concerned about the allegations in the affidavit released by the government today. Even if the allegations in the affidavit are true, they don’t begin to justify what happened. At worst, Bryan Malinowski, a gun owner and gun enthusiast, stood accused of making private firearm sales to a person who may not have been legally entitled to purchase the guns.”

MARY HENNIGAN

An ATF agent sits on the edge of a U-Haul and looks through items removed from Malinowski’s house on March 19.

Despite rumors the ATF investigation may have been related to Malinowski’s leadership position at the airport, the affidavit released today doesn’t contain evidence of that. (The only mention of the airport is a passage in which agents follow and observe Malinowski as he drives to and from work.)

The 34-page affidavit, filed with U.S. Magistrate Judge Joe Volpe on March 6, paints a picture of a man who spent weekends traveling to gun shows and selling tables full of weapons. Some of those guns ended up at crime scenes in Arkansas, California and Canada, although the document does not say any of those weapons were used in the commission of a violent crime.

Court documents say Malinowski bought dozens of guns from federally licensed dealers over recent years, each time affirming that he was buying them for himself. His purchases from a single federally licensed dealer in North Little Rock include multiples of the same type of gun: 24 Glock Model 45 pistols, nine Fed Arm Model FR-16 pistols, nine Beretta Model 92A pistols and smaller numbers of multiple other models. He bought 142 guns from this dealer between 2019 and December 2023.

Malinowski went on to sell some of those guns at gun shows and informally through word of mouth. Malinowski allegedly offered to find specific guns for potential customers. He made some of his sales in parking lots and his vehicle was seen late at night in parts of Little Rock “known for violent crime, and buying and selling contraband such as firearms and controlled substances, specifically during the evening and midnight hours,” the affidavit says.

MARY HENNIGAN

HEADED OUT: A firefighter leaves Malinowski’s neighborhood on March 19.

It appears Malinowski was operating as a private dealer, taking advantage of what’s known as the “gun show loophole” that allows individuals to sell guns without conducting background checks.

The weapons spread far and wide, according to the affidavit. In January, a gun Malinowski had purchased in May 2022 was found on a 15-year-old boy in California known to be a member of the Nortenos gang. Police in Canada used serial numbers to trace weapons found illegally in that country to Malinowski, the affidavit says.

There’s been much speculation about whether Malinowski was aware the people at his door Tuesday morning were federal agents. The search warrant offers no indication that it was a “no-knock warrant,” when officers storm in unannounced. Sources with law enforcement experience say officers would typically loudly announce themselves in such a situation. But according to the ATF’s statement Tuesday, Malinowski greeted agents with gunfire, injuring one.

Among the documents released by the court Thursday was a list of materials ATF officers seized from Malinowski’s house. Little Rock police, Little Rock firefighters and ATF agents were on-site for more than 12 hours Tuesday, with federal agents removing upwards of 80 items from the home, according to a court document. Those items include dozens of guns, primarily handguns. Ammunition was taken from specific containers, bags, a “vault in closet” and the master bedroom closet. Ammo was also collected from the garage floor, according to the court document.

Officers also took other items: Malinowski’s tax records, invoices related to gun sales, receipts, “vendor tags,” two cellphones, three computers, an iPad and an undisclosed amount of cash.

Here’s the full statement from the Malinowski family, via Cummins:

Our family has endured an unspeakable tragedy and one that is almost impossible to understand. We are mourning the loss of Bryan, who passed away earlier today.

Our thoughts and prayers also go out to the government agent who was injured yesterday, and to his family

We do not understand the government’s decisions which led to a dawn raid on a private home and triggered the use of deadly force.

We are obviously concerned about the allegations in the affidavit released by the government today. Even if the allegations in the affidavit are true, they don’t begin to justify what happened.

At worst, Bryan Malinowski, a gun owner and gun enthusiast, stood accused of making private firearm sales to a person who may not have been legally entitled to purchase the guns.

For now, we will wait for all the facts to come out. In the meantime, we ask that the public and the media respect our privacy.

https://arktimes.com/arkansas-blog/2024/03/21/judge-unseals-documents-in-malinowski-case