Your state law and "personal gambling"

Hello, all!

This is mainly a call to those in the legal profession, with access to the current, full state law in whatever state you live in.


If you have the ability and time to access and summarize your state's position on the legality/illegality of the following areas:

Internet gambling (as a player, or as a Multi Level Marketing participant in things such as UB-2)

Home poker games (player, or a host of a game... I assume raking is always illegal)

Other home gambling events (bingo, raffles, casino nights, etc)


... then any solid information would be welcome (DISCLAIMER for all future postings- all of the information posted can NOT be considered a legal opinion! Don't try to use what you may see as a legal justification for doing something, or as a defense! If you want an exact, defensible legal ruling, talk to your own lawyer!)


Obviously we're primarily interested in poker (internet and home) here on 2+2, but if you stumble on other areas of interest to us gamblers, we won't reject it out of hand....


So far, sparse information I've seen or heard about seems to indicate the following (please refute or fill in the gaps if you're from these states):


Nevada- home games may be illegal, Internet is going to (already is?) legal under new state law.


California- home games are illegal (i think, can't remember where I read that), as is the Internet


New York- most items in the list are illegal, including home games


New Jersey- hosting poker may be illegal, but playing isn't (check the "UB-2 and Org Crime Control Act" thread on RGP for more info/links on this)


Pennsylvania- charity casino nights are illegal (source- article I saw on the Web, quoting Mike Fisher, Penna's AG, about a Republican committee's request for a fundraiser).


Home games, playing or hosting, seem to be illegal


If anyone who is a lawyer (law student?), or has access to current full state lawbooks and the time to check this issue out, can give us a brief conclusion (NOT a legal decision, of course!) based on what they find out for the state that they are in, it could be interesting for people to know.... since state law at this point seems to be the source of the most risk to us players...


Feel free to post anonymously, if you have any legal concerns.

Thanks!

Easy E

I am not a lawyer, and my legal background is extremely dubious. Nonetheless, my understanding of Minnesota's laws, gleaned from local newscasts and conversations with other poker players is this:


Home poker games are perfectly legal as long as at least half the players know each other and the stakes are not too high. I don't know what the threshold is for "too high." The biggest public games are $30/60 at Canterbury Park. I am aware of $5/10 (and I think $10/25) pot limit games which get much bigger than that, so I'm guessing that those are illegal on that basis. It is illegal for the house to cut the pot or otherwise charge for play, and all of the larger home games of which I'm aware either have a rake or charge a flat fee for the evening, so those games are illegal on that basis anyway.

maybe someone with a legal connection can post a link, or info, on the appropriate statutues so Minn. folks know for sure...


It does sounds vague- I'd love to see them try to prove that under half of the players knew each other!!

The Michigan Gaming control and revenue act of 1997 Says:


You can play poker in a private residance so long as noboday has an interest in the game other than as a player. (paraphrased)


no duscussion of limit or if people know each other.


no rake/fee no problem in Michigan.


Jdoe

In Florida the Statute states that penny ante games are allowed where the total pot does not exceed 10.00. Also The host of the game cannot advertise or charge a rake/fee for participation in such games. This is not a direct quote from the state statute but is in Lamens Terms.


As for bingo I am not quite sure But I beleive it is ok to have charity/recreational bingo games up to a certain limit.


On Internet gambling: It is in my opinion that the State Would not have jurisdiction over Internet Gambling as the activity goes over state lines/International borders. The main Federal Law that may or may not pertain to internet gambling for all states is the Wire act. The Wire act states that it is illegal to engage in bookmaking or in the buisness of accepting sports wagers over any wire transmission. It only pertains to those accepting the wagers, and to those in the buisness of profiting from acceptance of the wagers.


Hope this could be of some help

The bill to raise the games to the $1/2 level (or whatever it was) never went through?


I experienced that $10 limit rule a few years ago when I was down in Florida- that was crazy... money coming out of the pot, back to players, because the cap had been hit.


Only the house can make money in that one...

I would would be curious as to the legal status of home games in Nebraska and South Dakota? I've heard as long is there is no rake or time charge that it is legal, but I am not sure if that is correct. Thank you for any help.

"The bill to raise the games to the $1/2 level (or whatever it was) never went through? "


NO. Every year they say "this is the year". But then faggot ass bush vetos the bill.

[Casey]

In Minnesota it basically comes down to this a private social bet not part of or incidental to organized, commercialized, or systematic gambling is not considered gambling under the criminal code. Minnesota Statute 609.75

[AlanBostick]

The best indication I have seen is that unraked home poker games are legal in the state of California, if they are not banned by local ordinance.

Check out this reference:
http://www.pokerpages.com/articles/homepoker/augustine01.htm