laws about home casino

[standard toaster]

what are the laws? A poker game is legal as long as there is no rake for the house or any other person am i correct? What about blackjack and all other casino games? If you played for fake money but had to pay to come inside and get your play chips is that legal as long as you dont buy them back? what if some guy down the road had a fascination with chips and would buy them from anyone who came by is it legal then?

[FLASH1296]

The laws and local statutes vary, in extremus, from State to State and from community to community.

You should NOT assume anything, as you are implying in your post.

Here is the best example that I can think of
I am sorry that i do not have a link for you:

Earlier this year, In South Carolina, (I do not think that it was North Carolina) a group of people were playing poker at home, including a woman in her seventies. Most of the players and the homeowner paid some fairly hefty fines. However two (or three) of them plead "not guilty" and proceeded to trial.

They were found guilty of violating a LAW that forbids playing ANY game with either cards or dice - whether or not ANY money is involved. Clearly this statute included children's games like "Chutes and Ladders" and "Old Maid"

They appealed.

They lost.

The Appellate Court refused to overturn the 1898 law stating that there had been numerous attempts to overturn the law in the 20th century and the law had never been shown to be unreasonable.

Apparently it is far too easy for many of us to forget that there is only minimal separation of Church in State in some sectors of American society.

[callipygian]

Originally Posted by standard toaster

A poker game is legal as long as there is no rake for the house or any other person am i correct?

I'm pretty sure this is incorrect in general, although some jurisdictions may allow it. This is almost certainly considered on a state-by-state, county-by-county basis.

Originally Posted by standard toaster

If you played for fake money but had to pay to come inside and get your play chips is that legal as long as you dont buy them back? what if some guy down the road had a fascination with chips and would buy them from anyone who came by is it legal then?

Again, the letter of the law may vary, but in general these sorts of schemes are also made illegal if the direct transaction is illegal, usually under the heading "conspiracy to <illegal activity>". You are neither the first nor the last person who thinks that you can get away with an illegal activity by pretending it is something else.

For example, you are not fooling anyone by hiring a woman to act in a porno film with you, paying her money, and then destroying the videotape. It's as illegal as prostitution (which varies per locale), and periodically someone gets the bright idea that they can skirt laws by pretending it is the combination of two otherwise totally legal activities.

[standard toaster]

these are some laws i found..... wtfff

Sec. 5-419. Property staked may be recovered.
Any person who shall pay, deliver or deposit any money, property or thing in action, upon the event of any wager or bet prohibited, may sue for and recover the same of the winner or person to whom the same shall be paid or delivered, and of the stakeholder or other person in whose hands shall be deposited any such wager, bet or stake, or any part thereof, whether the same shall have been paid over by such stakeholder or not, and whether any such wager be lost or not.

Sec. 5-421. Losers of certain sums may recover them.
Every person who shall, by playing at any game, or by betting on the sides or hands of such as do play, lose at any time or sitting, the sum or value of twenty-five dollars or upwards, and shall pay or deliver the same or any part thereof, may, within three calendar months after such payment or delivery, sue for and recover the money or value of the things so lost and paid or delivered, from the winner thereof.

Sec. 5-423. Money paid for lottery tickets may be recovered by action.
Any person who shall purchase any share, interest, ticket, certificate of any share or interest, or part of a ticket, or any paper or instrument purporting to be a ticket or share or interest in any ticket, or purporting to be a certificate of any share or interest in any ticket, or in any portion of any lottery, may sue for and recover double the sum of money, and double the value of goods or things in action, which he may have paid or delivered in consideration of such purchase, with double costs of suit.
Any person who shall have paid any money, or valuable thing, for a chance or interest in any lottery or distribution, prohibited by the penal law, may sue for and recover the same of the person to whom such payment or delivery was made.

[ChefJJ]

Out of curiosity, Toaster, what state is that from?

good luck

[standard toaster]

Originally Posted by ChefJJ

Out of curiosity, Toaster, what state is that from?

good luck

new york kinda weird laws....

[standard toaster]

yeah i dont understand those laws i found

but does anyoen know more?

[davidpom]

I've got no specifics on this, but it is a very interesting question you raise.

I would assume (and this might be a dangerous assumption) that unless you personally hold a state issued GAMING LICENSE that any gaming held on your home premises for money, or perhaps more specifically casino-style gaming (i.e. so Monopoly is ok to play), is Illegal (or at least frowned upon). Of course even with a gaming license it's probably illegal - because I expect that the premises themselves also need to be licensed for gaming to occur.

Put it this way: I wouldn't try to operate some type of shady casino operation from your house - tempting though that is, whether people are buying chips, buying entry, or paying an "entertainment charge"...

Maybe buy an online casino operation. You can operate that from anywhere!

[shadroch]

The law in NY, as explained to me by a lawyer.
Home gambling games are permitted, as long as the house doesn't charge admission or take a rake. Any food and or refreshments must be provided free. No gambling is permitted anywhere on a premesise that has a NY State liquor permit.
Football pools in bars are illegal, even if the house doesn't take a cut. However, it's not illegal to play them. Only to run them.
It is illegal to run a card tournament, but not illegal to play in one.

[ccibball50]

Originally Posted by standard toaster

what are the laws? A poker game is legal as long as there is no rake for the house or any other person am i correct? What about blackjack and all other casino games? If you played for fake money but had to pay to come inside and get your play chips is that legal as long as you dont buy them back? what if some guy down the road had a fascination with chips and would buy them from anyone who came by is it legal then?

The law where I live prohibits any type of gambling with out a permit. If money is exchanged directly though Card playing, then it is illegal where I am. However, you can charge a door fee for anyone who enters (which would really be the buy-in), and then give out prizes for the winners. It cant be cash though. Many places will do something like keep a point system, and the winners at the end of the year get a trip to Vegas, and if big enouph they have their buy-in paid for the World Series of Poker Tournament.