Weapons Giveaway Might Be Illegal

According to Virginia law, illegal gambling is defined as "any bet or wager . . . of money or other thing of value made in exchange for a chance to win a prize." But the state can issue special permits for charitable gaming, such as bingo and raffles. Although the group doesn't have a permit, Van Cleave said the drawing conforms to state law because no tickets are being sold.

The group has been directing people to purchase guns at Bob Moates Sports Shop in Richmond and Old Dominion Gun and Tackle in Danville, two of the gun shops that New York is suing.

Customers who spent more than $100 had their names entered in the drawing. More than 2,500 people were awarded tickets for chances to win a semiautomatic pistol, hunting rifle or ammunition. Winners will be able to view the guns at the meeting but will take possession of their weapon later at a gun shop.

Van Cleave said the group consulted the Virginia Department of Charitable Gaming before establishing the raffle.

But Harry Durham, the agency's director, denied that his office sanctioned the raffle. In fact, Durham said, he believes the drawing raises legal questions.

"Based on what I read, it looked like they were very restrictive on who could have tickets," said Durham, who has been in touch with Horan's office.

Fairfax Supervisor Sharon S. Bulova (D-Braddock) said she hopes the legal questions will persuade the group to abandon plans for the giveaway.

"The idea of raffling off weapons in a public space or elsewhere makes me feel a little queasy, and if indeed this turns out to be not legally permissible, then I am happy to hear that," Bulova said.

League member Mike Stollenwerk of Fairfax accused county officials of engaging in "dirty pool."

"It is kind of last-minute of the county to do this," he said. "I don't know if it is political or suddenly they had a legal revelation, but it doesn't sound right."