Is Your Home Game Legal?

[chopper77]

So, you are like millions of Americans who occasionally get together for a poker game at one of the gang’s house.

Typically, the night is about bravado and beer, rather than serious poker play. Maybe you only play quarter games. You can usually walk away with pocket money for the week. After all, you know a little about the game. But, how much do you know about the law? What if, on one fateful night, your friend’s neighbor, still smarting because your friend’s barbeques last too late in the evening for his tastes, peers through the window and spots the cards and chips on the table. He calls the man in blue. What now?

If you happen to live in St. Louis, you may be surprised when the police cuff you and take you down to the station. This is because in Missouri, only poker games specifically sanctioned by the Missouri Gaming Commission are legal. In the United States, law enforcement authority over poker is primarily the responsibility of state and local officials. The laws that they enforce are typically either state laws or city ordinances. Therefore, the legality of home poker games can vary between states and even between cities and towns in the same state.

Unfortunately, Missouri does not stand alone. In Utah, all forms of gambling are unlawful, with no exceptions for licensed facilities or home games. Utah has a fairly common definition of gambling:

“Gambling” means risking anything of value for a return, or risking anything of value upon the outcome of a contest, game, gaming scheme, or gaming device when the return or outcome is based upon an element of chance and is in accord with an agreement or understanding that someone will receive something of value in the event of a certain outcome.

This would include a home poker game. The archaic laws of the state of Missouri and Utah are still common. Indiana, New Jersey and New York also fall within this category. Many states have some exemption for home poker games. But, the exemption can vary greatly between states, so you need to be careful. Michigan has a typical exemption for home games. Under 432.202 of the Michigan Gaming Control And Revenue Act, the legislature exempted playing in home card games from the laws that prohibit all forms of gambling except those licensed and played in the
casinos. The exact exemption is for “games played with cards in private homes or residences in which no person makes money for operating the game, except as a player.” Even Nevada, the
gambling capital of the world, has a virtually identical definition. Similar statutes exist in Texas, Arizona, Oregon, and Colorado.

Take a rake and the legal landscape changes dramatically in almost all states. Such was the case of Charles Winston in Cleveland, Ohio. Charles argued that he was merely entertaining relatives at his house when the police arrived and arrested him for “operating a gambling
house” under city ordinance. The testimony of liquor control agents, however, convinced the court otherwise. The agents testified that, at about 5a.m., they approached the Winston home to investigate complaints of illegal liquor sales. The front door was open and four people were observed playing cards. The agent saw Winston take his “cut” from the pot and place it into his sock. The defendant argued that the persons in the house were all relatives and the money found on the table at the time of the police raid was simply his cigarette money. The court went with the liquor control agents’ testimony.

Other states that permit home games can be more restricting than Michigan and Nevada. For example, the State of Florida only permits “penny-ante” games. While these are not literally penny games, they are very low limit games and unsuspecting participants can easily violate the law without knowing it. A penny-ante game is subject to the following restrictions:

The winnings of any player in a single round, hand, or game do not exceed $10 in value.

The game must be conducted in a residential premises owned or rented and occupied by a participant or its common areas and includes college dorms and publicly owned community centers.

No one can take a rake.

No one can charge admission or any other fee for participation in the game.

No one can solicit participants by means of advertising in any form, advertise the time or place of any penny-ante game, or advertise that he or she will be a participant in any penny-ante game.

A penny-ante game may not be conducted in which any participant is less than 18 years old.

Florida is typical of most states in one respect in that a debt created or owed as a consequence of any penny-ante game is not legally enforceable. Only a few states will allow participants in a home game to go to court to collect their winnings. Colorado is an example.

A court in Denver had to arbitrate a dispute among friends as to whether a debt occurred at one home game could be enforced. Ervin Houston was hosting a game at his home. His friend, Michael Younghans, and others, purchased chips at the start of the game. When the game was over, the players cashed in their chips. This posed a problem for Houston, who didn’t pay for his chips at the start of play. As a result, he did not have the money to repurchase all the chips. So he paid Younghans with checks totaling $240. When Houston only repaid $75, Younghans sued him for the balance. Houston claimed he did not have to pay gambling debts which were against public policy and therefore not enforceable. The court disagreed. While it noted that, ordinarily, gambling debts are not enforceable, “social gambling” is specifically legal in Colorado. This was defined as a game “incidental to a bona fide social relationship”, in which no one is participating as a professional gambler. Therefore, the debt was enforced.

Two important points to take away from this discussion are (1) while prosecution is unlikely, you cannot assume that the home poker game is legal in your state or city, and (2) even if it is legal, you are unlikely to be able to collect if you win and are not paid.



Lay Down the Law: Dumbass gambling laws from around the US

Arizona In Globe, AZ, cards may not be played in the street with a Native American. Hmm, can someone call a civil rights attorney?

New Hampshire In New Hampshire, you cannot sell the clothes you are wearing to pay off a gambling debt.

Oklahoma And speaking of clothes, or the lack thereof, in Schulter, Oklahoma, women may not gamble in the nude, in lingerie, or while wearing a towel – spoilsports! Having said that, have you seen the chicks in Schulter?

Virginia Some laws, designed to protect us from ourselves and shelter us from the evils of gambling, are a little over the top. In Richmond, VA, it’s illegal to flip coins to decide who pays for coffee, while in La Crosse, WI, it’s illegal to play checkers in public. Checkers – it’s a slippery slope.We all know checkers leads to harder stuff – like backgammon.

Maine In Maine, the most money one can legally win gambling is three lousy bucks, which is the exact amount you could be fined – per pack – should you be rumbled playing cards in Indiana.

California In San Francisco, it’s illegal to play poker in public or gamble in a ‘barricaded room’. We guess this means that you can only play poker by yourself, provided you keep the door open. And we always thought what San Franciscans did behind closed doors was their own business!

[xxxFTWxxx]

I believe we have a 17 year old that is turning 18 soon that plays..

we are going to hell.

[jaypasco]

Originally Posted by xxxFTWxxx

I believe we have a 17 year old that is turning 18 soon that plays..

we are going to hell.

happy bday trippler

[Jimmy K]

As far as I know in NY and NJ as long as the house doesn't get a piece it is okay to play home games.

[Big Pimpin]

U got busted before huh?

[Seanie Mac]

going to a poker room in long island this weekend. 5-10 no no. should be fun. met a dealer there when i was in AC. home games are boring, club games is where its at

[CrosseyedRooster]

When I have a pretty good size game in my house I inviet the local D A & Sheriff they also like to play.

[xxxFTWxxx]

Originally Posted by jaypasco

happy bday trippler

my birthday isnt until the 9th of April jay

[dannyray]

I know here in MO they are really cracking down on these Benefit Poker Tourneys....they raise good money for good causes....maybe the State wants their cut of taxes, who knows....