Can a Virginia political party hold a raffle to raise money, and if there's a gun as a prize, does the winner need a background check?

Plain-English summary

Senator Scott Surovell asked the AG two related questions: (1) can a Virginia political party or candidate's campaign committee run a raffle? and (2) if a raffle awards a firearm, does the background-check rule in § 18.2-308.2:5 apply?

The AG's answer to the first question: no. Gambling is generally prohibited in Virginia under § 18.2-325. The narrow exception for "charitable gaming" in Article 1.1:1 of Chapter 8 of Title 18.2 lets only certain nonprofit organizations run raffles, and only for "lawful religious, charitable, community or educational purposes" for which the organization is "specifically chartered or organized" (§ 18.2-340.33). A political party is not chartered or organized for any of those purposes; neither is a candidate's campaign committee. Prior AG opinions reach the same conclusion. So Virginia law does not currently permit a political party or campaign committee to run a raffle.

On the second question, yes. Section 18.2-308.2:5(A) prohibits selling a firearm for "money, goods, services, or anything else of value" without first verifying through a criminal-history-record check that the prospective purchaser is not legally barred from possessing a firearm. A raffle, under § 18.2-340.16, is "a lottery in which the prize is won by ... a random drawing of the name or prearranged number of one or more persons purchasing chances." Buying a chance is an exchange "of value." So if the prize is a firearm, the background-check rule applies.

Currency note

This opinion was issued in 2020. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Background and statutory framework

Virginia treats gambling as generally illegal under § 18.2-325, then carves out specific exceptions. Charitable gaming is the largest carve-out, governed by Article 1.1:1 of Chapter 8 of Title 18.2. The framework regulates bingo, raffles, instant bingo, network bingo, and similar fundraising activities, requires registration with the Virginia Department of Agriculture and Consumer Services in many cases, and limits where the proceeds can go.

The proceeds limitation is the key constraint here. Section 18.2-340.33 requires that the proceeds of charitable gaming be used for the "lawful religious, charitable, community or educational purposes" for which the organization "is specifically chartered or organized." A political party is, by definition and by long-standing AG opinion, organized for political purposes, not religious, charitable, community, or educational ones (citing 1975 Op. Va. Att'y Gen. 208; 1986-1987 Op. Va. Att'y Gen. 166). A candidate's campaign committee is similarly organized for the candidate's election, not charitable purposes.

The result: even though raffles are a common political-party fundraiser in some other states, they are not allowed in Virginia under the current statutory framework.

For the firearm question, § 18.2-308.2:5 imposes a transfer-side background-check requirement. Subsection (A) makes it unlawful for any person to sell a firearm "for money, goods, services, or anything else of value" without first obtaining verification through a criminal-history-record check. The "anything else of value" language is broad and captures non-cash exchanges. Section 18.2-340.16 defines a raffle as a lottery (a "payment of money for a chance to draw a prize by lot," per Maughs v. Porter, 157 Va. 415 (1931)). Purchasing a raffle ticket is an exchange of value. So if the prize is a firearm, the transfer of that firearm has to go through the standard background-check process.

The practical effect: any organization legally running a raffle in Virginia that includes a firearm as a prize must coordinate the prize transfer through a federal firearms licensee or equivalent process that performs the background check. The winner cannot just walk off with the firearm.

Common questions

Q: I'm on a Virginia political party committee. Can we run a 50/50 raffle at our annual fundraiser?
A: Per this 2020 opinion, no. Virginia's charitable-gaming exception is limited to organizations chartered for religious, charitable, community, or educational purposes. Political parties and candidate committees do not qualify, even if the funds are used for ordinary political purposes.

Q: What if we partner with an actual charity that runs the raffle?
A: A legitimate charity that meets the chartered-purpose requirement can run a raffle. The charity must follow the charitable-gaming registration and reporting rules. Proceeds must go to the charity's chartered purposes, not back to the political party. Any arrangement designed to route raffle proceeds to political activity would likely run afoul of § 18.2-340.33.

Q: Can we just call it a "fundraising drawing" instead of a "raffle"?
A: Section 18.2-340.16's definition of "raffle" is broad: any lottery where the prize is won by random drawing of paid-chance holders. Renaming doesn't change the substance. If it works like a raffle, it is a raffle for purposes of Virginia law.

Q: I won a gun at a sportsman's club raffle. Do I just take it home?
A: Per this opinion, no. The transfer to you is a firearm transfer for "value" under § 18.2-308.2:5 because you bought a chance, so the opinion concludes the criminal-history check and verification must be satisfied before the firearm is awarded.

Q: Could the General Assembly change this?
A: Yes. The opinion says "current" Virginia law does not permit political-party raffles. Subsequent legislation could expand the categories of organizations eligible to conduct charitable gaming. Verify current law before relying on this conclusion.

Q: Are there other fundraising paths political parties can use that involve chance?
A: Standard auctions are not "raffles" (purchasers bid for items they get; no chance). Door prizes that do not require purchase of an entry chance generally fall outside the charitable-gaming definition. Even those should be reviewed with counsel to ensure they do not cross into prohibited gaming.

Citations and references

Statutes:

• Va. Code § 18.2-308.2:5 (Firearm transfer background check)
• Va. Code § 18.2-325 (Gambling generally)
• Va. Code § 18.2-340.15 (Charitable gaming)
• Va. Code § 18.2-340.16 (Definitions; raffle)
• Va. Code § 18.2-340.33 (Use of charitable gaming proceeds)

Cases:

• Maughs v. Porter, 157 Va. 415, 161 S.E. 242 (1931) (Virginia Supreme Court; lottery as payment for chance)
• Madison v. Vaughan, 9 Va. (5 Call) 562 (1805) (Virginia high court; cited for the seriousness with which Virginia treats chance)

Prior AG opinions:

• 1975 Op. Va. Att'y Gen. 208
• 1986-1987 Op. Va. Att'y Gen. 166
• 2018 Op. Va. Att'y Gen. 175 (Nov. 2, 2018)

Source

• Landing page: https://www.oag.state.va.us/annual-reports-opinions/official-opinions
• Original PDF: https://www.oag.state.va.us/files/Opinions/2020/20-047-Surovell-issued.pdf

Original opinion text

COMMONWEALTH of VIRGINIA
Office of the Attorney General
Mark R. Herring
Attorney General

October 6, 2020

The Honorable Scott A. Surovell
Member, Senate of Virginia
Post Office Box 289
Mount Vernon, Virginia 22121

Dear Senator Surovell:

I am responding to your request for an official advisory opinion in accordance with § 2.2-505 of the Code of Virginia.

Issues Presented

You ask: (1) whether a political party or a candidate's campaign committee may conduct a raffle, and (2) whether the verification requirements in Virginia Code § 18.2-308.2:5 apply if awarding a firearm as a prize in a raffle.

Applicable Law and Discussion

1. Virginia law does not permit political parties to conduct raffles.

Although gambling is generally prohibited in the Commonwealth, an exception exists for charitable gaming when conducted in "strict compliance" with relevant statutes. Under Article 1.1:1 of Chapter 8, Title 18.2, which governs "charitable gaming," nonprofit organizations may "raise[] funds by conducting raffles," but the expenditure of the derived proceeds is limited to the "lawful religious, charitable, community or educational purposes" for which the organization "is specifically chartered or organized." A political party is not an entity specifically chartered or organized for religious, charitable, community, or educational purposes. Likewise, a campaign for a candidate seeking elected office does not qualify. Accordingly, current Virginia law does not permit a political party or a candidate's campaign organization to conduct a raffle.

2. The requirements in Code § 18.2-308.2:5 apply to raffles.

Section 18.2-308.2:5 of the Code of Virginia provides that "[n]o person shall sell a firearm for money, goods, services, or anything else of value" unless they have "obtained verification" that "a criminal history record information check" has been conducted and "the prospective purchaser is not prohibited under state or federal law from possessing a firearm." These requirements apply where a firearm is awarded as a prize in a raffle. Under Code § 18.2-340.16, a "raffle" is defined as "a lottery in which the prize is won by ... a random drawing of the name or prearranged number of one or more persons purchasing chances." Because purchasing chances is an exchange "of value" for the purposes of Code § 18.2-308.2:5, the criminal history check and verification requirements must be satisfied for any firearms to be awarded through raffles. In short, the laws that require Virginia citizens to obtain a background check before purchasing a firearm apply with equal force to those who win a firearm in a raffle.

Conclusion

It continues to be my opinion that current Virginia law does not permit a political party or a candidate's campaign committee to conduct a raffle. It is also my opinion that the requirements of Code § 18.2-308.2:5 apply to any raffle where the prize to be awarded includes a firearm.

With kindest regards, I am,

Very truly yours,

Mark R. Herring
Attorney General