Legality info

[Patrick del Poker Grande]

Alright, so obviously home games are quite popular. I just wonder about the letter-of-the-law legalities. Some states are very tight on gambling/gaming and don't allow betting games at all. Others, like Colorado, limit the initial bet amounts to something like $5 (this is how you get 5/5 hold-em at the casinos - what a crock!). While I'm not worried about the cops pulling a sting busting through the windows and repelling from the roof on my $20 buy-in home game with friends, I still wonder and would like to know if I'm looking into getting more into these things.

The point essentially is: are home games strictly speaking legal (in Colorado in my case)? Where can I go to see the official last word on their legality? Also, what's a good way to go about finding a good home game and making sure it's on the up-and-up without knowing anybody involved? Is the only way to just go in with a little cash to feel it out until you can trust the place? What kind of recourse does a player have if the house pulls some dirty tricks - besides getting the crap kicked out of him starting a fight or just going home and feeling sorry for himself?


Thanks,
Patrick

[Stew]

[ QUOTE ]
Alright, so obviously home games are quite popular. I just wonder about the letter-of-the-law legalities. Some states are very tight on gambling/gaming and don't allow betting games at all. Others, like Colorado, limit the initial bet amounts to something like $5 (this is how you get 5/5 hold-em at the casinos - what a crock!). While I'm not worried about the cops pulling a sting busting through the windows and repelling from the roof on my $20 buy-in home game with friends, I still wonder and would like to know if I'm looking into getting more into these things.

The point essentially is: are home games strictly speaking legal (in Colorado in my case)? Where can I go to see the official last word on their legality? Also, what's a good way to go about finding a good home game and making sure it's on the up-and-up without knowing anybody involved? Is the only way to just go in with a little cash to feel it out until you can trust the place? What kind of recourse does a player have if the house pulls some dirty tricks - besides getting the crap kicked out of him starting a fight or just going home and feeling sorry for himself?


Thanks,
Patrick


[/ QUOTE ]

Strictly speaking no b/c you would need a gaming license, end of story.

[daryn]

can't you just have a friendly poker game in your house legally, as long as nobody takes a rake?

[jdl22]

There was a similar question a while back in the zoo. Here is a good link for legal info (http://govinfo.library.unt.edu/ngisc/reports/statutes.html)

[SDA004]

I could be completely wrong here, but I was under the impression that since poker was considered a game of skill, as opposed to a game of chance, it was legal to have home games as long as the house did not take a rake. I know from state to state the law varies, for instance in Fla you can only have a pot of $10, but I'm pretty sure that home games are legal as long as no profit is being made by the house, this includes profits on anything that is not associated with the game, such as alcohol.

[Patrick del Poker Grande]

Thanks, jdl, for that link. Just looking real quickly, it appears as though in CO:

1) "All establishments where limited gaming is conducted and where gambling devices are operated... must therefore be licensed, controlled, and assisted..."

2) "'Gaming device' or 'gaming equipment' means any equipment... The term includes a slot machine, poker table, blackjack table, and the cards used to play poker and blackjack.

3) "'Poker' means a card game played... the dealer may play, but under no circumstances may the dealer place a wager in any game in which he or she is dealing."

It goes on to say that limited gaming can only be licensed in a few Colorado cities and only within their commercial districts. It also limits the maximum single bet in the state to be $5. I haven't read the parts about enforcement or penalties.

I guess this means by the letter of the law, you can't play poker for money unless it's in the casinos. I wonder how this relates to playing online. I heard one person say once about how it's classified as a service, that we can't be denied use of a service outside the borders of the US, and since they're all located offshore, we are free to use their services, regardless of our physical location within the United States. Something like that - I'm sure I said it wrong or unclearly.


Patrick

[Manwich]

Nope, in Washington State it is illegal to do any gambling online. I don't remember the exact phrasing, but we can only gamble in casinos and card houses. Of course, a lot of people do gamble online anyways.

[Stew]

[ QUOTE ]
can't you just have a friendly poker game in your house legally, as long as nobody takes a rake?

[/ QUOTE ]

No, that is still illegal, but you would probably not be subject to prosecution.

[tripdad]

in indiana, i play every week with a member of the sherriff's department. and the house takes a "rake", but only to provide chips and drinks. i assume it is don't ask, don't tell.

cheers!