Rep. Jim Jordan (R-Ohio) presided over a hearing on May 22 regarding why Bryan Malinowski of Little Rock, Arkansas, was killed by Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) agents 57 seconds after they first set foot on his front porch at about 6 a.m. on March 19.
Mr. Jordan chairs the U.S. House Select Subcommittee on the Weaponization of Government, which heard testimony about alleged abuses by the ATF. The committee also heard testimony from the agency’s defenders, who claim that Republicans are trying to destroy the ATF at the behest of the firearms industry.
According to Mr. Jordan, the ATF agents were not using body cameras, in contravention of ATF policy.
He was especially incensed over the report of Ms. Malinowski, who he said was forced from her home in freezing weather in nothing but her night clothes. He said he wants to know why she was held in a police car for up to five hours with no access to warmer clothing or a restroom.
Mr. Jordan promised Bud Cummins—a Little Rock lawyer representing the Malinowski family—the committee was going to find out why his client was shot in the head moments after ATF agents entered his home that cold March morning.
“That’s what we’re going to find out tomorrow,” Mr. Jordan told Mr. Cummins.
“[ATF Director Steven] Dettelbach will be sitting right where you’re sitting.”
An ATF spokesperson did not respond to an email or telephone message seeking comment on this story.
At the time of his death, Mr. Malinowski was the executive director of the Bill and Hillary Clinton National Airport in Little Rock, Arkansas. According to Mr. Cummins, his client caught the ATF’s attention because he allegedly bought and sold a large number of guns through private sales and at gun shows.
Mr. Cummins said this was before the ATF’s rule change redefining what it means to deal in firearms. At that time, only those who earned their livelihood buying and selling firearms needed a federal firearms license (FFL), Mr. Cummins said. Since Mr. Malinowski earned his living as an airport manager, he didn’t believe he needed a license.
“It is legal to buy and sell firearms if you’re a hobbyist,” Mr. Cummins told the subcommittee.
According to Mr. Cummins, the ATF decided that Mr. Malinowski’s activity “crossed a very murky line” and put him under investigation. This included following him, placing tracking devices on his car, and studying his daily habits and schedule.
He said that the affidavit the ATF submitted to get its search warrant claimed that some of the guns Mr. Malinowski sold were used in crimes. Mr. Cummins said that is misleading. He said that none of the firearms referenced was used to commit a crime. Instead, they were found at or near the scenes of other crimes.
For example, in at least three cases, police found guns in cars from which they had seized marijuana. According to Mr. Jordan, this shows that the ATF case was about licensing and had nothing to do with so-called gun crime.
“I can’t figure out what the crime is. [The guns] were never used in the commission of a crime,” Mr. Jordan said.
Ryan Cleckner is a military veteran and an attorney who specializes in ATF regulations. He said the raid is indicative of the agency’s attitude since President Joe Biden ordered a “zero tolerance” policy for FFLs in 2021. Under the policy, Mr. Cleckner and others claim that even minor paperwork errors can cause an FFL to be put out of business.
Mr. Cleckner told the committee that the ATF should not be focused on administrative tasks for legal business owners.
“The ATF should focus on the trigger pullers on the street,” he said.
Andrew Graham agreed. He is a retired deputy director for the ATF, having spent 37 years at the agency.
He said the overwhelming majority of FFL holders support the ATF’s mission to keep guns away from criminals. But overzealous enforcement of paperwork rules shuts down honest dealers the ATF has depended on in the past.
He pointed out that even in cases in which it is shown the FFL did nothing wrong, the expense of fighting a government agency is enough to bankrupt a small business.
“It’s not just the loss of a license; it’s the loss of a livelihood,” he told the subcommittee.
But defenders of the ATF said the agency serves an essential purpose in combatting violent crimes committed with guns. Kelly Sampson, the director of Racial Justice for Brady, a national gun control organization, said the majority of Americans want Congress to enact “common sense” gun safety laws.
According to her organization, she said, 44,000 people are killed with guns each year and gunfire is the leading cause of death for children in the United States. According to the Centers for Disease Control and Prevention, there were 48,000 firearm-related deaths in 2022.
She said that instead of attacking the ATF, Congress should be providing the resources it needs to better fulfill its mission of keeping guns away from those prohibited from owning them.
“Thousands of kids and their parents are pleading for Congress to protect them,” she said.
Rep. Debbie Wasserman Schultz (D-Fla.) agreed. She said Republicans turn a blind eye to victims of school shootings and domestic violence. Instead, they promote the interests of gun makers.
“They want to bury those realities,” she told the committee. “They brought us here at the bidding of the gun lobby.
Rep. French Hill (R-Ark.) said his party is concerned with violence involving guns. He pointed out that such violence comes from various sectors of the community.
“Maer Malinowski is a widow by gun violence at the hands of her own government,” he said.
