Virginia Attorney General Opinions
Free plain-English summaries of attorney general opinions issued in Virginia, with full citations and the original source on every page.
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Can Virginia keep purging registered voters off the rolls inside the 90 days before a federal election when the flag came from a DMV data match?
No. Both of Virginia's DMV-driven noncitizen list-maintenance programs (the documentation-of-legal-presence removals under § 46.2-328.1(E) and the self-attestation removals under § 24.2-410.1) count a…
Can Virginia state troopers enforce state criminal law on tribal land within the Commonwealth, including the Pamunkey, Mattaponi, and the six federally recognized tribes that gained recognition in 2018?
It depends on whether the specific tribal land is 'Indian country' under federal law. The Pamunkey and Mattaponi reservations are not Indian country under current AG analysis, so the Commonwealth reta…
Can Virginia local police arrest someone solely for a civil immigration violation, and what risks come with signing a § 287(g) agreement with ICE?
The AG concluded prior opinions (2007 and 2010) holding that state and local officers may not arrest individuals for civil immigration violations without express federal authorization remained valid, …
Would NOAA's proposed Mallows Bay-Potomac River National Marine Sanctuary take fishing-regulation power away from Virginia and Maryland's joint Potomac River Fisheries Commission?
No. The AG concluded NOAA has authority under the National Marine Sanctuaries Act to regulate fishing within marine sanctuaries, but is not proposing to do so for the Mallows Bay-Potomac River Sanctua…
Can Virginia or its cities pass their own rules about drones, or does federal law lock the state out?
Mostly locked out. AG Herring concluded that federal law preempts state and local rules about drone safety, operation, certification, airspace, and (for cross-state commercial cargo drones) prices and…
When a federal credit union takes title to Virginia real estate, does the clerk of court collect the grantee's recordation tax?
No. The opinion concluded that 12 U.S.C. § 1768, which exempts federal credit unions from all state taxation other than tax on their real or personal property, blocks Virginia from collecting the reco…
Can a Virginia locality limit uranium mining to certain zoning districts, set stricter pollution standards, require extra bonds, or hold miners liable for property value loss?
No, on each. Virginia has a statutory moratorium on uranium mining, so localities cannot regulate something that isn't permitted. Even if the moratorium were lifted, federal law preempts nuclear safet…
Can a Virginia legislator raise money for Super PACs and federal party accounts during the General Assembly session?
Mostly yes. The AG concluded that during a regular session of the Virginia General Assembly, a member could solicit or accept contributions on behalf of candidates in other states, federal PACs, feder…
Do Virginia clerks have to collect recordation taxes when Fannie Mae or Freddie Mac is the grantor or grantee on a deed?
No. Their federal charters exempt Fannie Mae, Freddie Mac, and the FHFA from 'all taxation' by state and local governments except for direct real property tax. Virginia's recordation tax is a tax on t…
Can a Virginia state legislator raise funds for a federal candidate during the General Assembly session?
Yes. The AG concluded that § 24.2-954's ban on fundraising during a regular General Assembly session reached only campaigns for state offices, not federal ones. A Virginia legislator could raise funds…
Can Virginia enforce its ban on hiring unauthorized aliens by getting a court injunction against the employer?
Federal IRCA expressly preempts state civil or criminal sanctions for employing unauthorized aliens, except for licensing-and-similar laws. A Virginia injunction against an employer is a civil sanctio…
Does Virginia need a constitutional amendment to extend the military property-tax exemption to a vehicle jointly titled with a nonmilitary spouse?
No. The federal Servicemembers Civil Relief Act preempts Virginia's personal property tax on motor vehicles jointly titled by a nonresident servicemember and a nonmilitary spouse. For leased vehicles …
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Attorney general opinions in Virginia are written by the Virginia Attorney General's office in response to questions from state agencies, legislators, and prosecutors. They are not binding like court decisions, but courts and agencies treat them as persuasive guidance on how state law applies. Every opinion above has a plain-English question and short answer, plus a link to the full original text.