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Gun expert explains legality of buying, selling firearms amid shootout involving Little Rock airport director

One Arkansas gun expert says there are ways for people to sell guns without being a federal firearms licensed dealer, but recommends keeping track of who buys them.

NORTH LITTLE ROCK, Ark. — On Thursday, an affidavit revealed that Bryan Malinowski, the executive director of the Bill and Hillary Clinton National Airport in Little Rock, was under federal investigation for illegally selling firearms.

Earlier this week, Malinowski was injured during a "shootout" as federal agents served a search warrant at his home. Malinowski died days later at the age of 53. 

According to the affidavit given to us by the U.S. Attorney's Office, Malinowski purchased more than 150 guns between May 2021 and February 2024.

The affidavit said at least six of those firearms were later recovered in separate crimes across the U.S., while three more were bought in undercover purchases by the ATF.

Agents accused Malinowski of selling guns without proper licensure and alleged he was doing so without completing the appropriate paperwork when making a sale.

ATF Form 4473 is the proof of transaction for a firearm buyer and seller. Local gun experts call it a crucial step to ensure a transaction is legal.

"Whenever those laws are broken, people are paying attention... going after that," Arkansas Armory General Manager Nathan House said. "The ATF Form 4473 gets filled out and must be retained on file forever. If that gun eventually ends up at a crime scene, it allows some level of tracing."

We wanted to learn the legal process behind gun selling, and the Arkansas Armory general manager provided some insight.

According to House, there are two ways to sell a firearm legally:

  1. A seller must be a federal firearms licensed dealer (FFL)
  2. Selling guns out of a personal collection without being a federal firearms licensed dealer

"An FFL dealer can sell guns, and we have to go through a process in order to do that," House said. "If someone has a gun that is no longer wanted in their personal collection, they're certainly welcome to sell that to any person if you don't know that they're a prohibited person."

However, there is a gray area when it comes to gun shows.

According to the affidavit, Malinowski, who did not have a dealer's license, is alleged to have resold guns as a vendor at a 2023 gun show in Conway, where he made several sales to subjects "without asking for any identification or paperwork."

"If a person is selling guns out of their private collection, then that paperwork isn't required, and the federal government doesn't allow that person to run a background check," House said.

Additionally, House recommended that personal sellers always do a bill of sale or ask for a buyer's concealed carry license before completing a transaction. House warned people trying to fly under the radar and bend the rules.

"Buying a gun for other purposes, like to immediately turn around and sell it within 24 hours, that's what's called a straw purchase," House said. "That's not legal."

House said most gun shows only require a registration fee to sell at their event.

We contacted the promoters of the Conway gun show where Malinowski made sales, and they declined to comment.

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