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  #11  
Old 08-10-2003, 12:45 AM
BNO BNO is offline
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Join Date: Oct 2002
Location: Champaign IL
Posts: 19
Default Illegal Rake or No Rake

Okay, I'll fess up. The whole "it's OK if there's no rake" thing is generally a myth, started I believe by an old Phil Hellmuth article about his early playing days in Wisconsin where he claimed that poker was legal so long as there was no rake. He was wrong, at least in part. In Wisconsin, hosting the game is not illegal by itself so long as there is no rake, but playing in a home game is still illegal.

In Illinois, my home state, as in most states, it's the same. Poker is illegal, no matter what the stakes and regardless of whether there is a rake. It is prohibited "Gambling", a misdemeanor crime carrying the same penalties as DUI and Battery. I believe this is the case in most states.

But that doesn't mean that anyone gives a crap. I have seen only one reported case in Illinois where home game players were arrested, and it's from the early 80s. I have played with prosecuting attorneys and there is a monthly game in my town where a couple sitting judges are regulars. Unless the stakes are very high, you're probably more likely to win the Lotto than have a private home game busted.
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  #12  
Old 08-10-2003, 07:58 AM
Easy E Easy E is offline
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Join Date: Sep 2002
Posts: 1,449
Default Huh?

" In Wisconsin, hosting the game is not illegal by itself so long as there is no rake, but playing in a home game is still illegal."

You can HOST a game but not PLAY in one? THAT outta be an interesting court case...
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  #13  
Old 08-10-2003, 01:03 PM
Wake up CALL Wake up CALL is offline
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Join Date: May 2003
Posts: 1,591
Default Re: Illegal Rake or No Rake

[ QUOTE ]
Okay, I'll fess up. The whole "it's OK if there's no rake" thing is generally a myth, started I believe by an old Phil Hellmuth article about his early playing days in Wisconsin where he claimed that poker was legal so long as there was no rake. He was wrong, at least in part. In Wisconsin, hosting the game is not illegal by itself so long as there is no rake, but playing in a home game is still illegal.



[/ QUOTE ]

Well after some research I found 23 states where unraked home games are legal. I suppose the myth is yours. Besides these laws were written well before Phil Helmuth was even born so you are incorrect about the PH portion of any such myth.
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  #14  
Old 08-10-2003, 01:26 PM
jdoe jdoe is offline
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Join Date: Sep 2002
Location: MI
Posts: 29
Default MICHIGAN LAW

Home poker is legal in michigan. public act 69 of 1997
432.202 SEC II PART V

v) "Gambling game" means any game played with cards, dice, equipment or a machine, including any mechanical, electromechanical or electronic device which shall include computers and cashless wagering systems, for money, credit, or any representative of value, including, but not limited to, faro, monte, roulette, keno, bingo, fan tan, twenty one, blackjack, seven and a half, klondike, craps, poker, chuck a luck, Chinese chuck a luck (dai shu), wheel of fortune, chemin de fer, baccarat, pai gow, beat the banker, panguingui, slot machine, any banking or percentage game, or any other game or device approved by the board, but does not include games played with cards in private homes or residences in which no person makes money for operating the game, except as a player.
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  #15  
Old 08-10-2003, 01:55 PM
BigSlick BigSlick is offline
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Posts: 25
Default Re: MICHIGAN LAW

how about NH
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  #16  
Old 08-11-2003, 05:23 AM
Hung Hung is offline
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Join Date: Nov 2002
Location: Brussel (Belgium)
Posts: 994
Default Re: national home game listings

Can you please add Belgium? I need more players. We only have 2 games per week. I'd like to play every day [img]/images/graemlins/smile.gif[/img] [img]/images/graemlins/smile.gif[/img]

GAMES LOOKING FOR PLAYERS:
Locatio n: Belgium (Brussels)
Nights & Times: Friday, saturday and Sunday. starting: 8pm
Cash Games: NL and PL. Omaha, Hold'em, 5-card stud, 7-card stud, hi lo games.
Tourneys: Sometimes sit and go.
Usual 6-8 players
Play quality - mixed
House Rules - house fee $5
Openings - send me an e-mail or give me a call to check. I can always open a second table.
Email list - no
Contact : Hung, e-mail: hung@pokerclub.be
Random: More details about players and games on our website: http://www.pokerclub.be

Thanks,
I hope I'll have 50 players this week-end [img]/images/graemlins/smile.gif[/img] [img]/images/graemlins/smile.gif[/img]
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  #17  
Old 08-11-2003, 12:22 PM
Ray Zee Ray Zee is offline
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Join Date: Aug 2002
Location: montana usa
Posts: 2,043
Default Re: national home game listings

great idea unfortuneatley it is already out on where to hijack poker games .com----- they need more listings
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  #18  
Old 08-11-2003, 04:27 PM
BNO BNO is offline
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Join Date: Oct 2002
Location: Champaign IL
Posts: 19
Default Good!

It's good to hear that many states are more enlightened than Illinois, whose gambling law makes no sense at all. Please post your findings for everyone, since this question comes up all the time.
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  #19  
Old 08-11-2003, 06:18 PM
BNO BNO is offline
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Join Date: Oct 2002
Location: Champaign IL
Posts: 19
Default BE CAREFUL

That Michigan statute you cited only excludes home games from regulation as casinos. It does not legalize home games, and the criminal statute that prohibits gambling suggests that they are illegal (believe it or not, Michigan punishes winners and losers differently):

*****
THE MICHIGAN PENAL CODE (EXCERPT)

Act 328 of 1931

750.314 Winning at gambling.
Sec. 314.

Any person who by playing at cards, dice, or any other game, or by betting or putting up money on cards, or by any other means or device in the nature of betting on cards, or betting of any kind, wins or obtains any sum of money or any goods, or any article of value whatever, is guilty of a misdemeanor if the money, goods, or articles so won or obtained are of the value of not more than $50.00. If the money, goods, or articles so won or obtained are of the value of more than $50.00, the person is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00.

750.315 Losing at gambling.
Sec. 315.

Losing at gambling—Any person who shall lose any sum of money, or any goods, article or thing of value, by playing or betting on cards, dice or by any other device in the nature of such playing or betting, and shall pay or deliver the same or any part thereof to the winner, and shall not, within 3 months after such loss, without covin or collusion, prosecute with effect for such money or goods, the winner to whom such money or goods shall have been so paid or delivered, shall be guilty of a misdemeanor, punishable by a fine not exceeding 3 times the value of such money or goods. Such loser may sue for and recover such money in an action for money had and received to the use of the plaintiff; and such goods, article or valuable thing in an action of replevin, or the value thereof in an action on the case.
*****

I AM NOT claiming to know the ultimate answer. I only point out that the statute you cited does not answer the question. I do not practice law in Michigan, and the short time I was able to spend today when I should have been working only produced this information. I was not able to find an exception in the statute for home games and, in fact, there is a specific statute providing a detailed exception for recreational card games conducted in a senior citizen's home or by a senior citizen's club, with detailed limitations on how old the participants have to be and how much can be bet. (750 Mich. Comp. Stat. Section 303a) I do not think this exception would even exist if home games were legal, but it would not be the strangest thing I've seen.

I invite people to prove me wrong, and I hope I am. These laws are ridiculous. Home games should be legal everywhere.
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  #20  
Old 08-12-2003, 06:20 PM
orbie orbie is offline
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Join Date: Feb 2003
Posts: 86
Default Re: colorado game

On this forum there was once mention of a Colorado 2+2 get together. The problem seemed to be where to host a game.

Blackhawk was suggested with the idea of meeting up prior to playing.We would be sitting at seprate tables and then reuniting agian at a later time to share plays and bad beat stories. I think this would work well until a location sutiable for game was found.

Please PM me about any intrest or ideas.
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