Buckeye Reporter

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) faced scrutiny during two days of oversight hearings on Capitol Hill last week. The hearings aimed to investigate a fatal raid and other recent enforcement actions that have raised concerns among lawmakers and the public.

On May 22, the House Select Subcommittee on the Weaponization of the Federal Government held a hearing regarding a March 19 raid on Bryan Malinowski's home in Little Rock, AR. The operation resulted in one ATF agent being shot and Malinowski being killed. The raid involved ten carloads of ATF agents and local officers who entered Malinowski’s residence before dawn, cut power to the home, covered up a security camera, and broke through the locked front door. None of the agents wore body cameras to record the incident.

Bud Cummins, a former U.S. attorney representing Malinowski’s family, testified about the events leading up to Malinowski's death. Cummins described how Malinowski armed himself with a handgun upon hearing agents break into his home, believing them to be intruders. Malinowski fired at their legs, striking an agent in the foot before he was fatally shot by returning fire from the entry team.

Cummins emphasized that only 57 seconds elapsed between an agent covering up the security camera and Malinowski being shot. He argued that this indicated a no-knock entry in practice, if not officially sanctioned. Cummins also criticized how Maer Malinowski was treated following her husband’s death; she was detained for hours without proper clothing or access to basic needs.

The raid stemmed from an investigation suggesting that Malinowski was dealing firearms without a license. This took place shortly before ATF published its rule redefining what constitutes being "engaged in the business" as a firearm dealer under federal law.

During testimony, it was revealed that ATF believed Malinowski had purchased approximately 147 guns over three years and resold some of them. Nine of these guns were later found at crime scenes or with prohibited individuals.

Cummins highlighted that Bryan Malinowski had no criminal history and worked as director of Bill and Hillary Clinton National Airport in Little Rock. He suggested less aggressive measures could have been taken by ATF instead of conducting a high-risk raid.

The day after this subcommittee hearing, ATF Director Steven Dettelbach appeared before the full House Judiciary Committee for an oversight hearing attended by Maer Malinowski. Pro-gun members questioned Dettelbach about the raid but received limited responses due to ongoing investigations cited by Dettelbach.

Dettelbach defended ATF's operations as necessary for public safety while acknowledging budget constraints affecting compliance with body camera policies. He refrained from commenting on controversial ATF rules currently under legal challenge.

Pro-gun committee members expressed frustration with Dettelbach's lack of detailed answers while anti-gun members emphasized cooperation between federal and local law enforcement agencies in enforcing gun control laws.

Despite extensive questioning during these hearings, many questions remained unanswered about specific concerns raised regarding ATF tactics and enforcement practices.

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