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Gambling Legality By State

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Welcome to GamblingStates.com, your resource for finding everything you need to learn about all US states with gambling available. When you consider that gambling in the USA brings in billions of dollars each year, there is no question that Americans love to gamble. There are several different forms of gambling that exist in the U.S. and there are large markets for each. Sports bettors wager more than $4.7 billion on the Super Bowl alone, and horse racing betting brings in over $3 billion annually. The amount spent at casinos is even greater, easily surpassing $100 billion each year. Even though gambling in the USA is undoubtedly big business, there are still questions concerning which states offer specific types of gambling. That is where our helpful guide comes in.

  1. Online Gambling Legality By State
  2. Gambling Laws United States
  3. Legal Definition Of Gambling
  4. Gambling Illegal States

States That Have Legal Online Gambling. There are three states that currently offer legal online gambling in the USA- Delaware, Nevada, and New Jersey. Delaware was the first state to legalize online gambling with the passage of the Delaware Competitiveness Act of 2012. Gambling in the United States is a wagering activity offered by the gaming industry. Gambling is legal under US federal law, and each state is free to regulate or prohibit it. If state-run lotteries are included, almost every state can be said to allow some form of gambling. However, casino-style gambling is much less widespread.

  1. State By State Legal US Gambling Guide For 2020. We've compiled this legal online betting guide for US players arranged by state, to provide accurate and up to date information on the legal online gambling status and gaming options available within each US state.
  2. Gambling Laws by State – Full List of Legal Online Gambling Over the years, online gambling has become a billion-dollar industry. And legislators have been paying attention to the industry, developing gambling laws to deal with the rise in online gambling.

If you want to learn more about gambling in the United States, continue reading. We will not only provide you with details on the land-based gambling options in different states, but also go over online gaming options as well. Sports bettors, horse enthusiasts, bingo players, casino gamers, and those who play the lottery can all find valuable information regarding statewide gambling options across the country.

Quick State Gambling Statistics

States With Casinos: 43

States With Poker: 40

: 2

States With Bingo: 48

States With Parimutuel Betting: 43

Online

States With Lottery: 44

States With Daily Fantasy Sports: 13

Facts About The USA Gambling Industry

The gaming industry has had a positive impact on the United States economy in several ways. Casinos, suppliers, manufacturers, and other gaming entities account for 1.7 million American jobs according to the American Gaming Association (AGA). These jobs provide more than $74 billion in income to workers across 40 different states. While casino dealers and hosts may come to mind, a report by Oxford Economics cited more than 200 unique careers that the gaming industry provides. The workforce is also more diverse than the national average – 5 percentage points higher to be exact.

On a global scale, the gambling industry in the United States contributes $240 billion to the national economy. This includes tribal and commercial casino revenues, tax payments, property taxes, and impacts on other businesses. U.S. casinos account for the largest contribution, with $81.2 billion, followed by payments to suppliers which accounts for $60 billion. The $38 billion in tax revenues help to pay for various services that benefit Americans, such as education, healthcare, and retirement programs.

Why States Should Regulate Online Gambling

States should regulate online gambling in the USA because the benefits far outweigh the risks. If states were to regulate gambling sites, they would be able to tax the gambling revenues that are generated by operators. New Jersey is a perfect model of how imposing an online gambling tax can stimulate the local economy. Since NJ legalized online gambling in 2013, regulated online casino and poker operators have generated more than half a billion dollars in revenue. The operators have paid more than $51,358,216 in taxes as of April 2017. If legalized, it would also open the door for existing sites to move operations to the US, creating more jobs to help lower the unemployment rate in the nation.

Statewide regulation of gaming sites could also help with identifying problem gambling early on. About 3% of U.S. adults suffer from a gambling disorder. Offshore gambling sites do offer resources for problem gambling, but since they are located overseas it is impossible to have a hands-on approach. If states were to take the reins they would perhaps be able to conceptualize additional safeguards and implement more aggressive treatment programs.

Billion In Tax Revenue Per Year

The gambling industry as a whole paid out $38 million in taxes. If the US government would regulate online gambling, then you would see that number multiplied by several. There is over $100 Billion in illegal gambling each year in the USA, and that money is not taxed.

Million Jobs Created In Gaming Industry

According to the latest research, there are currently more then 1.8 million people working in the gambling industry in the USA. That number would more then double if they would let the states decide if they want to regulate gambling both online and land based.

Of Workforce Are Minorities

The gambling industry is well known for giving minorities jobs that range from the bottom to the very top. Minorities make up 45% of the workforce in the gambling industry and this includes job titles such as casino managers, pit bosses, and other great gaming jobs.

Billion Into The Economy

If you add up all the money that is brought into the economy because of gambling, you will come up with $240 billion a year. This comes from research from the American Gaming Association and would grow tremendously if online gambling were legalized and regulated.

States That Have Legal Gambling

As gambling proponents who believe that every state should have some form of gambling, we hate to say that this is not quite the case. While the majority of states will have horse racing betting or a state lottery, other types of gambling such as sports betting are not as prevalent. Though online gaming makes all types of gambling in the USA more accessible, it is still worth knowing what the gambling landscape looks like on a national level. You will find that the lottery and bingo are the most common land-based options, while horse racing betting and poker rooms are not as widespread as you would initially think.

Right now there are commercial casinos in 24 states and tribal casinos in 28 states. Some other states have casino cruises or other types of small casino gambling, but there is only 24 states that have true commercial casino gaming. In total, 43 US states have casinos in some shape or form. For the most part, you can be to a casino in less then 8 hours in most parts of the country.

As far as sports betting goes, there is only one state that has legal sports betting in it's full capacity, and that is Nevada of course. The other is Delaware, who lets you do parlay bets with NFL football. If you want to have legal sports betting available to you, then you have to look into online sportsbooks.

States that have poker rooms are alot more numerous with a total of 37 states offering land based poker rooms. Most of the poker rooms in the USA are located inside of casinos or race tracks, but there are a few states with stand alone locations.

States That Have Legal Online Gambling

There are three states that currently offer legal online gambling in the USA- Delaware, Nevada, and New Jersey. Delaware was the first state to legalize online gambling with the passage of the Delaware Competitiveness Act of 2012. All three states have regulated online poker and casino sites, however, the rules differ slightly. Nevada and Delaware have entered into an interstate agreement where residents of both states can play online poker against each other. New Jersey has no such agreement in place, meaning only residents of the state can use the regulated online gambling sites.

Just as there are states that have legalized online gambling, there are also states that have expressly forbid it. In Washington, the penalty for using the internet to gamble can range from a misdemeanor to a felony. In Utah, it is considered a class B misdemeanor to participate in online gambling. Louisiana also has strict anti-online gambling laws as well. These are the only three states that have internet gambling laws that directly target bettors instead of just online operators. If you reside in any other state, offshore online gambling sites are free game as there are no laws to indicate otherwise.

All the states with legal online gambling have its own laws regarding what types of land-based gambling residents can and cannot participate in. Some states are much stricter than others when it comes to betting. Online gambling is a little different, and thankfully, most US residents are able to use online gambling sites to bet on what they want, when they want. To find out exactly what states you can gamble in, we've put together a network, detailing the gambling laws in each and every state in the US.

Is Online Gambling Illegal

No, gambling in and of itself is not an illegal activity. There are certain state and federal laws which restrict the locations you can gamble, as well as how you are able to place those bets, though. This is why certain states are able to have casinos or poker rooms while others don't. The same goes for racetracks where you can bet on the horses, and sportsbooks.

Some states are stricter than others and have tried to go after online gambling as well as land-based gambling. But when the websites are based in other countries, they fall outside of the jurisdiction of those laws, making them a viable gambling alternative when the state has banned everything else. You can find individual state laws on the corresponding legal gambling state pages. Below, we'll go over the federal laws that govern gambling in the United States.

States With Legal Sports Betting

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In the USA, there are two states with land-based sports betting – Nevada and Delaware. Nevada is a paradise for sports bettors, being the only state where single-game wagering is permitted. In 2016 alone, Nevada sportsbooks raked in $219.17 million in revenue. Delaware is a bit limited when it comes to sports betting, allowing residents to wager on NFL parlays. No straight wagers are permitted, but the huge potential payoffs make parlay betting extremely popular. Though Montana and Oregon can legally offer land-based sports betting, neither state currently operates sportsbooks.

States With Legal Online Sports Betting

Legal online sports betting can be done from any state in the US through offshore sportsbooks. These are sports betting websites run by businesses that are located in other countries. The sites that we recommend on this page all accept American bettors and are based in Panama, Costa Rica, and Canada. Legal online sports betting sites will allow you to wager on any of your favorite sports, and usually, have lines on events well in advance so that you can have the best possible payout. Choosing any one of the legal online sports betting sites recommended on this page will ensure that you have a spectacular betting experience, every time.

States With Land Based Casinos

The states with land-based casinos have dramatically increased since the early 20th century, with 43 states now offering some form of casino gaming. There are more states with Indian gaming than commercial casinos, the distinction being that tribal casinos are independently operated by federally-recognized tribes. There are also some states, such as Louisiana, that have riverboat casinos with a variety of table games and slot machines. The U.S. casino gaming market revenue was $71 billion in 2016, and this number only increases each year. Casino tax revenues serve as a big benefit to local economies, and the growth of the industry also increases employment opportunities in the USA.

States With Legal Online Casinos

For American bettors, the top casinos aren't going to be found in Las Vegas or Atlantic City – they're going to be found on your computer. The Best USA online casinos are legal online gambling websites that can be easily accessed through your favorite browser or downloaded to your computer. These sites use the latest betting software in order to bring you better games and more tables than you would ever be able to find at a land-based casino. Below is just a small list of the best USA online casinos.

States With Land Based Poker Rooms

The states with land-based poker rooms constantly changes, but as of this writing, there are 38 states. Whether you are looking for low stakes poker or consider yourself a high roller, there's a good chance that you will be able to find a seat at one of the 596 poker rooms in the United States. Poker tournaments of all varieties take place at casinos and card rooms all over the nation. You can play No Limit Hold'em, Omaha, Seven-card Stud, and just about any other variation that you can think of. Not only is the game fun, but depending on where you play it can also have a positive social impact. Many poker rooms use a portion of revenues to support local organizations to make a difference in the community.

States That Have Legal Online Poker

If you want to play poker with the best of them, and not be weighed down by low table limits or a poker room that doesn't offer exactly what you're looking for, try our guide to states with legal online poker. This is a legal gambling alternative available to US residents who are looking for bigger, better options. At an online poker room, you'll be offered more bonuses, have more tables to choose from, and higher limits to contend with. Some online poker rooms even have no-limit, high-stakes tables. All of the classics like Texas Hold'Em, 7-Card Stud, and Omaha can be found at legal online poker sites. We've compiled a list of all the states with legal online poker below.

US States With Legal Horse Betting Malaysia singapore online casino free credit.

Of the 50 states in the nation, there are 22 states with land-based horse racing betting. America has a longstanding history with betting on horses, with events such as the Kentucky Derby, Preakness Stakes, and Belmont Stakes garnering national attention. There is nothing more exciting than betting on the next potential Triple Crown winner. Tracks around the nation have their own live racing schedules and various betting opportunities. There are also off-track horse betting locations where horse enthusiasts can bet on horse races that are simulcast from tracks all over the nation.

States With Legal And Regulated Online Horse Betting

Horse racing betting can be done in a number of ways. You can attend a racetrack in your state, or place your bets at a licensed off-track betting location. Another legal horse racing betting option is using an online racebook. At these websites, you can bet on more races and have access to more wager types, like quinellas and superfectas. Horse racing betting online is legal, safe, and incredibly fun. Instead of waiting for the horse racing circuit to make its way to your neck of the woods, now you can instantly be where the action is, no matter what time of the year. Below are some of the best legal horse racing betting sites available to US residents in all 50 states.

States That Have Land Based Bingo

All but two states in the USA offer land-based bingo halls – Hawaii and Tennessee. That means the majority of bingo enthusiasts can find a bingo hall at a local casino, church, Elks Lodge, or other facility. Depending on the state, you will be able to find either charitable or real money bingo games. The game of chance is actually more popular than NASCAR in the U.S., with more than 60 million bingo players participating in more than 1 billion games yearly. The billion dollar industry benefits plenty of charitable organizations and also helps line the pockets of players. States with land-based bingo will oftentimes offer variations of the popular game to make playing even more fun.

States With Legal Online Bingo

You've come to the right page if you're looking for legal online bingo sites. Here, we only recommend top gambling sites, and we take our bingo seriously. No matter which states have legal online gambling they offer a legal game of online bingo. If you want to play a simple nickel game, or partake in a high-stakes round of 90-ball bingo, we've got the sites for you. Betting bingo online is legal in all fifty states. At legal online bingo sites, you'll also be able to play video poker and slots, as well as a few rounds of keno if you want.

States With Legal Daily Fantasy Sports

Currently, 13 states have legalized daily fantasy sports contests. Even with debate over whether or not DFS constitutes gambling in the USA, more and more states are pushing to regulate the contests. Daily fantasy sports operators such as FanDuel and DraftKings bring in millions each year, and the states that regulate DFS are able to benefit from these numbers. Between upfront licensing costs, renewal fees, and taxes, states can benefit from both immediate and long-term income. For players, daily fantasy sports are more widely accepted than sports betting, the contests are fun, and there is less of a time commitment than with season-long fantasy sports. Once you have developed the right strategy, there are plenty of chances to win real money playing DFS.

States With A Lottery

There are currently 44 states with a lottery in the United States as of 2017, along with the District of Columbia. Each state is able to operate their own lottery, giving the local government control over how revenues are allocated. Some of the programs supported by lotteries include public safety, health, education, and infrastructure improvement. With more than 70 billion dollars generated each year from ticket sales, there is no denying that lotteries have a huge economic impact. De facto national lotteries such as Mega Millions and Powerball offer a much larger prize pool, with life-changing jackpots. Though six states have opted not to operate lotteries, there is no doubt that playing the lottery is one of the most popular ways to gamble.

Federal Gambling Laws

Federal gambling laws are acts that have been put into effect by Congress. When it comes to gambling, there are only three laws you really need to know. Below, we go over in detail what these laws entail and how they affect gambling on a national level and how they affect states with gambling.

The Wire Act was instituted in 1961, by then-Attorney General Robert F. Kennedy. In an effort to stem the flow of money from fixed bets to organized crime rings, Kennedy urged congress to pass a law that would make interstate gambling illegal. The Wire Act states that no one is allowed to take a wager over a wire of communication. This successfully stopped bettors from being able to phone in their bets to someone in another state, mainly Nevada, where gambling was legal.

This law did what it was supposed to do – it ended betting across state lines. It did this by going after the person who takes the bets, rather than the person placing the bet. This is because the Wire Act doesn't make gambling illegal. It just required people to make their transactions face to face. The Wire Act has been updated throughout the years to include different forms of communication, like the internet. The Wire Act prevents players from using US-based online sportsbooks. As a US law, the Wire Act does not have jurisdiction over companies based overseas.

By the early 90's, sports betting in one form or another had been legalized in four states, with several more states working on making it legal. Many of the commissioners of professional and college sports in America were afraid that if sports betting was made legal throughout the country, it would open many players and teams up to shady characters who might try to fix a game in order to win a bet. Bringing their concerns to Congress, these commissioners and owners were the driving force behind the Professional and Amateur Sports Protection Act (PASPA).

PASPA was signed into law in 1992 and effectively eliminated land-based sports betting in 46 states by banning individual states from regulating their own sports betting operations. The four states that are exempt from PASPA are Delaware, Montana, Nevada, and Oregon. Three of these states have limited sports betting capabilities, as they had only legalized one or two forms of sports betting before PASPA got signed into law. Delaware can offer NFL parlay cards with three or more teams per card during football season. Oregon offers NBA parlay cards. Montana is allowed to offer betting squares contests at Bars. Only Nevada can offer the full range of sports betting.

This federal law is another example of the federal government limiting where and how you can gamble. But, it does not actually outlaw the act of gambling. PASPA cannot prevent American bettors from using online, offshore sportsbooks.

The most recent federal law that was passed in regards to gambling is the UIGEA, the Unlawful Internet Gambling Enforcement Act. This law was passed in 2006 and the verbiage is confusing, to say the least, due to the rushed nature under which the bill was passed. What the UIGEA sought to do was extend the Wire Act. This law stipulates that owners of online gambling websites are not allowed to accept payment from US bettors and that banks were not allowed to process transactions between US bettors and overseas gambling businesses.

There was a two-fold result to this law. Almost immediately, the country of Antigua and the European Union accused the US of violating their free-trade agreement, requesting that they repeal the UIGEA. When they didn't, the World Trade Organization got involved, siding with Antigua when it sued the US for trying to enforce US law on businesses in other countries. Antigua won its case, and the portion of the UIGEA that banned gambling sites from accepting US players was nullified.

The banking side of this act, however, still stands. Banks are not able to process transactions between US bettors and online gambling sites because of the 'trouble' they were having with verifying payments. Because of this, credit cards and bank wires are occasionally denied when used to fund an online account. It's not every time, but it does occasionally happen. There are quite a few legal and reliable ways to fund your account without having to use credit cards now. The important thing to take away from this, however, is that the UIGEA does not make online gambling at overseas sites illegal. It just blocks a couple of popular banking methods.

Legal gambling ages are determined on a state by state basis. For example, some states, like Washington, have set a flat age restriction at 18. Other states, like Iowa, require you to wait until you're 21 before you participate in any gambling activity. Most states, though, have a mix of ages. You can usually start playing bingo at 18, while poker rooms and casinos usually require you to be 21. We've laid out all of the information for each of the state gambling ages on the individual legal online gambling state pages so that you can find exactly what you're looking for.
The Gaming Accountability and Modernization Enhancement Act, or The GAME act as we like to call it, is the most recent bill that has been put in front of congress, but it has definitely not been passed yet. The GAME act would essentially repeal the ban on legal sports betting in The United States and would let the states decide whether they want to regulate and legalize online gambling.

Right now, this is the only bill that looks like it may actually help Americans that want to bet on sports or gamble online. There has been a big time change in opinion when it comes to legalizing sports betting by some very important people, and this bill likely has something to do with that. Companies like the NFL, MLB, and the NBA have all recently changed their thoughts on legal gambling and the NHL now has a hockey team in Las Vegas.

What To Do If You Have A Gambling Problem
If you have a gambling problem, there are numerous resources for finding help. When it comes to gambling in the USA, whether offshore or land-based, any reputable operator will provide information for problem gambling. Below are some of the sites that we recommend visiting to locate counselors and programs to prevent or treat gambling problems:
What States Have No Gambling?
There are two states that have no gambling – Utah and Hawaii. There are other states that have very limited forms of gambling, such as only having a state lottery, but these two states do not even offer residents that option.
Can You Place Bets Online At Nevada Or Delaware Sportsbooks?
The laws for placing bets online at Nevada or Delaware sportsbooks differ. Nevada offers online sports betting via mobile betting apps provided by local sportsbooks. The apps are only available to Nevada residents and those visiting the state. You will not be able to place bets online at Delaware sportsbooks.
Are Online Gambling Sites Regulated And Safe?
Online gambling sites are regulated and safe like American gaming. The only difference is that the sites are regulated by their local gaming authority rather than a U.S. gaming board. Though considered 'unregulated' gambling sites within the states, offshore online gambling websites hold licenses and follow rules that are similar to those of US gaming sites. For example, when betting on sports at an online sportsbook you will find the same wager types that you would at a Vegas sportsbook.
Why Was My Credit Card Declined At A Gambling Site?
When gambling in the USA, your bank card may occasionally get declined while funding your account. This is due to a federal law – the Unlawful Internet Gambling Enforcement Act of 2006 (UIGEA) – that prevents U.S. financial institutions from processing transactions related to online gambling. Credit and debit cards are included in the designated payment systems that banks must monitor for gambling activity. The law does not make online gambling illegal, but it does make card deposits less reliable. You can use an alternative funding method or try using your card at a later time.
Is Bitcoin Safe To Use For Online Gambling In The USA?
Bitcoin is safe to use as a deposit method and is, in fact, one of the most reliable methods that you can use. When you make a bitcoin deposit at an online gambling site, you can transfer BTC directly from your wallet to the bitcoin address provided by the online cashier. There is no need to provide any banking account or credit card information. The deposits are extremely fast and 100% guaranteed to be applied to your account. Unlike methods such as bank wires or checks, there are no additional charges or long processing times.

An Overview of Gambling Laws in various US States

Though the United States federal government has its own set of laws governing the legality of gambling and plenty of restrictions therein (more on all of that below), most states have their own legislation that addresses everything from age limits to whether you have friends over for a friendly game of poker on a Friday night. Most states have gambling codes that reflect the values of the population: states in the Bible Belt trend towards the most conservative end of things while Nevada and New Jersey are consistently pushing the boundaries of progress.

Each individual state page, linked below, delves into the details of state statutes that define relevant gambling terms and shape how residents can risk their hard-earned wages. Some laws seem more reasonable than others and the loopholes are numerous (and in some cases quirky almost beyond belief). We also take a look at the still hazy laws outlining internet gambling. With technology still on the rise, regulations often lag behind and online poker players are caught between federal decrees and hazy laws in their home states. The answer? Often its offshore virtual casinos but that's another story.

One thing is for sure – gambling law in the United States is an ever-evolving thing and it pays (sometimes literally) to stay on top of each and every change.

Gambling Rules State by State: A Brief Introduction

Alabama: Welcome to the confusing gambling laws of the Bible Belt! As a conservative state, Alabama takes a fairly negative stance towards gambling, but they defy their own disapproval by allowing pari-mutuel betting and e-bingo. Combine that with tribal casinos (though game offerings there are depressingly limited) and you may have more options for betting in Alabama than you thought.

Alaska: You can't do much in the way of traditional gambling in Alaska but if you get the itch to place a bet in The Last Frontier state there's always charity betting on dog mushing or pull-tab games. That counts, right?

Arizona: Arizona is home to 22 federally recognized tribes, and that has made the state a jackpot for anyone interested in visiting a tribal casino. From bar poker to blackjack, gambling is alive and well in this hot, southwestern state, and that includes both pari-mutuel betting and the lottery.

Arkansas: If you love Atlantic City and Las Vegas, you would've gotten a kick out of Hot Springs, Arkansas, when the city was in its gambling heyday. Unfortunately, today's gambling opportunities in the state are limited to a couple casinos, some bingo halls, and a few other interesting exceptions.

California: When western expansion and fortune hunting sent thousands racing to California in the 1840s, gambling become almost a way of life. Not much has changed, although these days games mostly take place in tribal casinos and thriving legal poker rooms, with online sites potentially on the horizon.

Colorado: Colorado's Brown Saloon might be the first legal casino to have opened in the U.S., but it took Colorado a century and a half to open another. Luckily, that second spot was just the beginning and gamblers in the Centennial State now have their pick of everything from roulette to charitable raffles.

Connecticut: Connecticut might not seem like a gambler's paradise but tribal casinos in the Constitution State are every bit as big and thriving as the ones in Sin City. Outside the casinos, though, it's another story – and that story may or may not include wagering on duck racing…

Delaware: Delaware has several casino complexes, sports betting, and a state lottery, but its biggest claim to fame is that it was the first state to legalize online gambling.

Florida: Florida gives its residents plenty of spots to gamble at top-notch tribal casinos – the Hard Rock has several homes here – but bet outside the lines (as in outside those casinos) and you could set yourself up from some stiff penalties.

Georgia: If there was a contest for the state least likely to legalize gambling, Georgia just might win. These peach enthusiasts have all but banned commercial gambling and charity games, the lottery, and 'just for fun' poker leagues are about as far as the fun goes.

Hawaii: Want to gamble in Hawaii? You're better off heading to the islands for a lei and a luau because gambling is a major no-go here. Casinos are banned, as is almost everything else. The one exception? Social games, and you'll have to check out the restrictions on those before anteing up.

Idaho: Gambling laws in Idaho were once done on a town-by-town basis, but these days the state has the final word and that word is often 'no'. From the height of gambling back in the days of gold speculators to today's infinitely more restrictive climate, we've got the history, the current legislation, and a look at the future.

Illinois: You don't want to get caught operating an online gambling site in Illinois but you might get a pass for just playing – maybe. There are also gambling boats, race tracks, and lottery tickets on offer, and that's not half bad.

Indiana: A friendly home poker game in Indiana could cost you, but fear not – step outside the confines of your house and you can legally bet everywhere from riverboat casinos to racinos. AS for online poker, that still seems like a dodgy prospect (you can blame those casinos).

Iowa: In Iowa, it's a major case of 'if you can't pay the fine, don't do the gambling crime'. Consequences for illegal gambling are no joke, but there are plenty of riverboat and land-based casinos that offer legal opportunities for poker and slot play so you can have fun instead of facing charges.

Kansas: Who remembers Dodge City? Those smoky saloons may be a distant memory but gambling in Kansas is alive and well. There are casinos in the state as well as pari-mutuel betting and the lottery, but expansion into online gaming seems dicey at best.

Kentucky: Kentucky is mostly known for two things – bourbon and the Kentucky Derby. It's no surprise then that the state has a thriving pari-mutuel scene but beyond that, gambling isn't quite the popular pastime you might have expected from such a boozy and fun-loving state.

Louisiana: Louisiana might be the land of bayous and crawfish, but put down the gumbo for a minute or two and you might hear the ding of slot machines through all that incredible jazz music. There are a couple casinos here and, if you like video poker, you're going to love it here in Sportsman's Paradise.

Maine: There are only two casinos in Maine and few other opportunities for gambling. On the positive side, the lobsters and blueberries are delicious and pari-mutuel betting and the lottery are still perfectly legal.

Maryland: One of the 13 original colonies, Maryland has a long and complex history with gambling. The state was once called 'Little Vegas' thanks to a proliferation of slot machines in the 1950s, but these days new laws are pushing Maryland towards the forefront of legalized gambling.

Massachusetts: Casino gambling is a new development in Massachusetts as the state tries to be more competitive with its more lenient neighbors. Will this spell success for current pro-internet gambling initiatives? We wonder…

Michigan: Tribal casinos rule the roost in Michigan, and tourists from neighboring states know it. Head to the big mitten to enjoy everything from poker to pari-mutuel betting, and you might want to pack your passport – Canada's Windsor Casino is just across the water!

Minnesota: There are plenty of tribal casinos in Minnesota but what really stands out is the scope of the state's charitable gambling – we're talking billion-dollar years, here, and that means a whole lot of pull-tab games and e-lottos.

Mississippi: Mississippi put riverboat gambling on the map, but these days things are significantly more land-based – and that includes an assumed ban on online poker, which progressives have repeatedly failed to legalize.

Missouri: Missouri's riverboat casinos may be docked these days, but that doesn't mean there's been any dip in the fun. The state offers plenty of gambling options and those floating game boats are just the start.

Montana: From campfire poker to prohibition to a whopping 140+ legalized casinos, Montana has seen it all – and we've got the scoop on everything from then til now.

Nebraska: Omaha Poker may have been born in Nebraska, but that doesn't mean the state is exactly in love with gambling. There are casinos – all tribal – and pari-mutuel betting, but beyond the options are rather sad – and that includes poker.

Nevada: Ever since the mob era in the mid-20th century, Nevada has been a hotbed for all types of adult entertainment, gambling included. Today, the scene is still incredibly energetic, with huge casino complexes offering everything from tables to slots to world-class music and magic acts, and the celebrity chefs are on the scene, too.

New Hampshire: You can 'Live Free or Die' in New Hampshire but there's not much you can do gambling-wise. This state severely restricts gaming opportunities of all shapes and sizes but pending legislation may just change things for the better.

New Jersey: Nevada might be the United States' de facto gambling mecca, but New Jersey (and in particular Atlantic City) aren't far behind. See how this state is pushing progress one internet gambler at a time.

New Mexico: New Mexico may have its share of commercial and tribal casinos, but when it comes to online poker the state takes a somewhat hands-off policy. From games of chance to the future of internet gambling, here's a look at gaming in the Land of Enchantment.

New York: In New York, Black Friday isn't just a crazy shopping day in November. The state has led the crackdown against internet gambling (including that famous Friday in 2011) but the proliferation of casinos and racetracks tells a different story.

North Carolina: Gambling in North Carolina centers around a single tribal casino. Beyond that, picking in the Tar Heel State are sadly slim – but not nonexistent.

North Dakota: North Dakota may be small, but thanks to tribal casinos the gambling scene is rather mighty. Head to the Roughrider State and try your luck – just watch yourself if you're intending to roll the dice off tribal land.

Ohio: Legalized gambling is a fairly recent development in Ohio, but the new commercial casinos are a hit and even new laws may be in the offing.

Oklahoma: Tribal casinos? Oklahoma has them – more than 100, actually, and the state is reaping the benefits big time. Poker fans and bingo bunnies alike will hit their stride in this land of plenty.

Oregon: Oregon is a fairly easy-going state and in many ways gambling follows that trend. From social poker to sports betting, you can place your wagers and maybe even win them, too.

Pennsylvania: When it comes to gambling, Pennsylvania rakes in the dough, but most of that revenue is courtesy of some fairly recent legal changes. See what led to the betting boom and where the state might go from here.

Rhode Island: The residents of Rhode Island often head to neighboring states to gamble, and once you take a look at the restrictive laws those gamblers face back at home, the reason for rambling becomes pretty clear. Still, there is hope as well as some gaming fun thanks to Twin River Casino.

South Carolina: If you want to gamble in South Carolina, you'd better hope you have your sea legs. Casino cruises are the go-to option here and there's little else to help you scratch your gambling itch.

South Dakota: Back in the day, Deadwood, South Dakota, was the home of some of the most renowned gambling saloons in the country. That gold-rush glory has been somewhat restored and tribal casinos are helping to pick up the slack, too.

Tennessee: Eager to gamble in Tennessee? You'd better be a bingo fan or feel like falling in love with the lotto because those are your biggest options for betting in the Volunteer State.

Texas: The current climate for gambling Texas is pretty restrictive, but new laws – and the fact that the state loses tons of revenue to its neighbors – may lead to progress soon than you think. In the meantime, it's all about race betting and social poker.

Utah: In a word, gambling in Utah is dire. The state's residents are mostly Mormon and that deeply religious conservatism has stifled gambling in all its forms.

Vermont: If you want to gamble in Vermont, you better put on your do-gooder hat. Charitable gambling is the one loophole here, so any bets you make will benefit a worthy cause – just not necessarily your own bank account.

Casino bei furth im wald kopf. Virginia: Like to play the ponies? Sports betting – in particular wagers on horse and dog racing – is alive and well in Virginia. It's the other gambling opportunities that are less than stellar.

Washington: Washington loves gambling as long as it's done in one of the state's 100 or so brick-and-mortar casinos. Take your poker play online, though, and it's a much different story.

West Virginia: In many ways, West Virginia is moderate when it comes to gambling. A handful of casinos, a lottery, and some other options make this a fairly friendly place for those who want to wager and win.

Wisconsin: America's Dairyland owes its gambling scene to federal Indian gaming laws. Thanks to several compacts, tribal casinos are alive and well here as is racetrack betting – even though there are no racetracks…

Wyoming: Wyoming is so dedicated to its anti-gambling environment that it illegally denied tribes the right to host casinos on Indian land. The federal government intervened and now things in the Equality State are little more interesting.

Federal Gaming Laws & Statutes

Unlawful Internet Gambling Enforcement Act (UIGEA)

In 2006, the United States federal government introduced the Unlawful Internet Gambling Enforcement Act (UIGEA) as part of the SAFE Port Act, which mostly dealt with port security. Following a vote by Congress, then-President George W. Bush signed the act into law on October 13.

As the UIGEA states:

No person engaged in the business of betting or wagering may knowingly accept, in connection with the participation of another person in unlawful Internet gambling

  1. (1) credit, or the proceeds of credit, extended to or on behalf of such other person (including credit extended through the use of a credit card);
  2. (2) an electronic fund transfer, or funds transmitted by or through a money transmitting business, or the proceeds of an electronic fund transfer or money transmitting service, from or on behalf of such other person;
  3. (3) any check, draft, or similar instrument which is drawn by or on behalf of such other person and is drawn on or payable at or through any financial institution; or
  4. (4) the proceeds of any other form of financial transaction, as the Secretary and the Board of Governors of the Federal Reserve System may jointly prescribe by regulation, which involves a financial institution as a payor or financial intermediary on behalf of or for the benefit of such other person.'

Basically, that means gambling businesses can't accept payments on a bet or wager over the internet – the very basis of online gambling. Though UIGEA does include some exceptions for skill-based games, tribal gaming, and fantasy sports, without the ability to easily conduct financial transactions with U.S. banks, gambling sites faced a much more difficult road to expansion and success. While proponents considered the act a victory, opposing factions believed – and still maintain – that all the UIGEA accomplished was forcing gambling underground and funneling profits into foreign coffers.

Federal Anti-Lottery Laws

Federal anti-lottery laws mean that lotteries in the United States are run on a state-by-state basis. Each state's government gets to decide whether they'll allow a lottery and, if so, how that lottery will be run, who can participate, which games will be offered, and how the resulting funds will be divvied up. In many cases, those lotteries are enacted as the result of a constitutional amendment (thereby overriding constitutional bans at the state level that date back centuries), which requires the majority of voters to be on board.

This whole situation is somewhat surprising given the history of lotteries in the United States. In colonial times, lotteries were widespread and incredibly popular as not only entertainment but also as a means to raise for funds for everything from war efforts to infrastructure and educational initiatives. King George's War was partially supported thanks to lottery sales promoted by none other than Benjamin Franklin and colleges like Rutgers, Harvard, and Yale owe their existence to ticket sales as well.

Online Gambling Legality By State

As the colonies organized into a country and our network of states slowly emerged, there was a backlash against gambling and lotteries were the subject of protests and then bans. Today, U.S. code still prohibits the importing, transporting, or promotion of lottery tickets across state lines, including by mail or telephone. The rest is up to the states themselves.

Gambling Ship Act

Once upon a time, the coastline of the United States was home to a bevy of so-called casino ships that offered gamblers the opportunity to board, set sail, and wager their hard-earned money on everything from blackjack to poker. These floating casinos were largely (if not entirely) unregulated and often run as part of largely gambling operations overseen by organized crime groups.

Then came the Gambling Shop Act, which stated the following:

It shall be unlawful for any citizen or resident of the United States, or any other person who is on an American vessel or is otherwise under or within the jurisdiction of the United States, directly or indirectly—

  1. (1) to set up, operate, or own or hold any interest in any gambling ship or any gambling establishment on any gambling ship; or
  2. (2) in pursuance of the operation of any gambling establishment on any gambling ship, to conduct or deal any gambling game, or to conduct or operate any gambling device, or to induce, entice, solicit, or permit any person to bet or play at any such establishment,

if such gambling ship is on the high seas, or is an American vessel or otherwise under or within the jurisdiction of the United States, and is not within the jurisdiction of any State.

The penalties for violating the act included possible fines as well as up to two years in prison. Operating an illegal gambling ship could result in penalties of $200-$300 per passenger.

The act has since been amended several times, including a 1994 Congressional ruling that excluded vessels that offered gambling in international waters, beyond the territorial reach of the United States government. The few gambling ships in operation today sail courtesy of that loophole.

Wire Act of 1961

The Wire Act of 1961 – better known as the Interstate or Federal Wire Act – was signed into law by then-President John F. Kennedy on September 13, 1961. The act states that:

Whoever being engaged in the business of betting or wagering knowingly uses a wire communication facility for the transmission in interstate or foreign commerce of bets or wagers or information assisting in the placing of bets or wagers on any sporting event or contest, or for the transmission of a wire communication which entitles the recipient to receive money or credit as a result of bets or wagers, or for information assisting in the placing of bets or wagers, shall be finedunder this title or imprisoned not more than two years, or both.

The act was intended to combat interstate racketeering – so-called 'kingpins' who lived in one state while operating extensive gambling operations in another – by 'cutting the wire' that bookies relied on for the transmittal of gaming information. Later, anti-internet gambling factions attempted to use the Wire Act to put paid to online gaming, but the U.S. Department of Justice didn't quite see things in the same light. Most importantly, in 2011 the DOJ released their formal legal opinion on the scope of the Wire Act, stating that 'interstate transmissions of wire communications that do not relate to a ‘sporting event or contest' fall outside the reach of the Wire Act.'(More on that in 'Wire Act Violation: Internet v. Phone' below.)

Travel Act of 1961

Another of the government's attempts to reign in racketeering, the Travel Act was signed into law as part of the same legislative package that contained the Wire Act. While the Wire Act dealt with telecommunications, the Travel Act made it illegal for anyone to engage in interstate travel or use an interstate facility while engaging in an illegal activity or unlawful business enterprise – including gambling.

The relevant excerpt reads as follows:

'(a) Whoever travels in interstate or foreign commerce or uses the mail or any facility in interstate or foreign commerce, with intent to –

  1. (1) distribute the proceeds of any unlawful activity; or
  2. (2) commit any crime of violence to further any unlawful activity; or
  3. (3) otherwise promote, manage, establish, carry on, or facilitate the promotion, management, establishment, or carrying on, of any unlawful activity, and thereafter performs or attempts to perform –
    1. (A) an act described in paragraph (1) or (3) shall be fined under this title, imprisoned not more than 5 years, or both; or
    2. (B) an act described in paragraph (2) shall be fined under this title, imprisoned not more than 20 years, or both, and if death results shall be imprisoned for any term of years or for life.

(b) As used in this section

  1. (i) 'unlawful activity' means
    • any business enterprise involving gambling, liquor on which the Federal excise tax has not been paid, narcotics or controlled substances (as defined in section 102(6) of the Controlled Substances Act), or prostitution offenses in violation of the laws of the State in which they are committed or the United States'

Over the last more than 50 years, the Travel Act has been used to bring a variety of criminal cases, many of which are connected to bribery and corruption charges.

Interstate Transportation of Wagering Paraphernalia Act of 1961

As the federal government cracked down on gambling in the 1960s by regulating telecommunications and travel, it only makes sense that they'd target more tangible products and equipment as well. Under the Interstate Transportation of Wagering Paraphernalia Act of 1961 (ITWPA):

Whoever, except a common carrier in the usual course of its business, knowingly carries or sends in interstate or foreign commerce any record, paraphernalia, ticket, certificate, bills, slip, token, paper, writing, or other device used, or to be used, or adapted, devised, or designed for use in (a) bookmaking; or (b) wagering pools with respect to a sporting event; or (c) in a numbers, policy, bolita, or similar game shall be fined under this title or imprisoned for not more than five years or both.

The act included exceptions for pari-mutuel betting equipment, materials, and tickets, as well as other legally permitted sporting events; betting materials into a state that has legalized that type of betting; transportation of a newspaper or other related publication; state lottery paraphernalia; and several other minor loopholes.

Again, the main intention of the act was to handcuff organized crime operations across the United States, so the language of the law was deliberately left rather vague and open to interpretation in hopes that law enforcement officials and judicial bodies could keep up with whatever new inventions and strategies crafty racketeers might come up with. Today, that somewhat ambiguous language could mean that someone transporting gambling software or even mailing a CD-ROM that contains code for a gambling site could be subject to prosecution under the ITWPA.

Illegal Gambling Business Act of 1970

Another in a long of legislative efforts to fight organized crime, the Illegal Business Act went after gambling as a way to cut off the mob's funding sources. Unlike similar laws, this act focuses not on federal offenses but on helping individual states enforce their own gambling laws. To be prosecuted, individuals have to be operating a gambling business in violation of local/state law, employing or otherwise involving at least five other individuals, and be in operation more than thirty days or grossing more than $2,000 on any given day.

The penalties for a conviction under the Illegal Gambling Business Act include up to five years in prison and whichever fine is greater – either twice the gain or loss tied to the gambling offense or $250,000.

Racketeer Influenced and Corrupt Organizations Act of 1970

Anyone who is interested in the history of organized crime or just loves mob movies has probably heard of the RICO Act. The Racketeer Influenced and Corrupt Organizations Act of 1970 zeroed in on the masterminds behind organized crime syndicates. Anyone who ordered others to engage in criminal acts were no longer free from prosecution simply because they didn't engage in the act themselves.

The RICO Act has been used to prosecute everyone from the Hells Angels Motorcycle Club to the Gambino Crime Family and even some arms of the Catholic Church. To be charged, the target must have committed at least two acts of racketeering including one within the last ten years.

Professional and Amateur Sports Protection Act of 1992

Sports betting in the United States is both defined and regulated under the Professional and Amateur Sports Protection Act of 1992 (aka the Bradley Act). PASPA made the following actions illegal:

  1. (1) a government entity [187] to sponsor, operate, advertise, promote, license, or authorize by law or compact, or
  2. (2) a person to sponsor, operate, advertise, promote, pursuant to the law or compact of a government entity, a lottery, sweepstakes, or other betting, gambling, or wagering scheme based, directly or indirectly (through the use of geographical references or otherwise), on one or more competitive games in which amateur or professional athletes participate, or are intended to participate, or on one or more performances of such athletes in such games.

There are only four states that were given exemptions from the PASPA: Montana, Delaware, Oregon, and Nevada. Pari-mutuel race betting and jai alai events were similarly exempted. Congress also included a provision that would've allowed states with pre-existing licensed casino gambling to apply for a sports betting permit; New Jersey was the only state with grounds for such an application and it failed to file.

Interstate Wagering Amendment of 1994

This amendment readdressed previously passed laws regulating the sale and transportation of lottery tickets. Under the 1994 amendment, people who were not a resident of a state could not participate in that state's lottery. While it seems that the law was intended to keep the average Joe from driving across state lines and snagging a ticket, legislators were actually far more concerned about businesses that were using retail-based computer terminals to bulk buy tickets and resell them to local consumers. By giving those consumers computer-generated receipts instead of actually lottery tickets, retailers were skirting around the provisions of older anti-lottery laws that banned the interstate transport of tangible lottery and/or gambling paraphernalia.

Amendment to Interstate Horseracing Act

The original Interstate Horseracing Act was passed way back in 1978, but the most important development related to the world of internet gambling happened in 2000 when the act was amended by Congress. Rather than further restricting pari-mutuel betting, the law went in another direction (much to the dismay of the U.S. Department of Justice) by expanding legalized interstate off-track wagering to include bets made by telephone or other electronic devices – namely smartphones and computers connected via the internet, or at least that's how the amendment has come to be interpreted. (Note that both states involved – where the bet originates and the race on which the bet is placed – must have legalized pari-mutuel gambling for the act to apply.)

Gambling Laws United States

The amendment states that:

…'interstate off-track wager' means a legal wager placed or accepted in one State with respect to the outcome of a horserace taking place in another State and includes pari-mutuel wagers, where lawful in each State involved, placed or transmitted by an individual in one State via telephone or other electronic media and accepted by an off-track betting system in the same or another State, as well as the combination of any pari-mutuel wagering pools

Though then-President Bill Clinton acknowledged the objections of the DOJ and some concerned legislators, he signed the bill anyway, giving rise to much of the simulcast racing and associated pari-mutuel betting that exists today.

Illegal Money Transmitting Business Act of 1992

Money laundering has been illegal for a long time, but technological advances gave unscrupulous individuals the ability to avoid traditional financial institutions (as in federally regulated banks) and use much harder-to-trace services to funnel and hide funds. The Illegal Money Transmitting Business Act of 1992 aimed to curb those activities by turning anyone who 'knowingly conducts, controls, manages, supervises, directs, or owns all or part of an unlicensed money transmitting business' into a potential criminal subject to hefty fines and a possible 5-year prison sentence.

Wire Act Violation: Internet v. Phone

As we've already discussed, the Wire Act of 1961 prohibited the use of a 'wire' to transmit gambling information. At the time, the term 'wire' was interpreted as a telegraph or telephone, the main methods of prompt long-distance communication in the 1960s, but as technology evolved there was a question of whether the provisions of the Wire Act could extend to the near-borderless world of the internet. The debate reached a boiling point when several federal Wire Act cases resulted in the convictions of offshore gambling site operators. One such individual, Party Poker/Party Gaming exec Anurag Dikshit, ended up with a year of probation and a $300 million fine. Another operator, Jay Cohen, was convicted of a Wire Act violation and given both a fine and a 20-month prison term.

Here's the kicker: the United States Department of Justice eventually reversed its stance on how the Wire Act should be interpreted. Though the DOJ originally maintained – and charged the above individuals on the basis of said interpretation – that the Wire Act applied to any telecommunicated wager placed by someone in the U.S., they later released a statement saying that the act actually doesn't apply to online gaming, including poker. That clarification has since been supported by federal court decisions.

State Gambling Laws – Different Games and How They Are Treated

Not all games are treated equally when it comes to legality across the US. This section gives you an overview of the legal differences focused on the different gambling formats.

Legal Casino Games – While there are some nuances, for example some States outlaw Roulette, on the whole this is a question of either Tribal casinos, commercial ones – or both. Many States have helped their ailing horse-racing industry to prosper by allowing casino games at their tracks, becoming ‘racinos'. Creative ways to get around State bans on these games include cruise-ships which sail into international waters.

Legal Online Casinos and Poker – This is the latest wave of legislation, and does polarize the States. Nevada, Delaware and New Jersey now have their own State-regulated poker sites. Meanwhile places like Florida, Washington and Oregon have explicitly made internet casinos and poker games illegal. It is early days for regulated online gambling, and many places are watching to see whether the pioneers are successful before initiating their own legislation in this area.

Playing Live Poker Games Legally – Another polarized area, though with enough creative solutions to allow games in most States. Casinos with poker rooms (including tribal casinos) are the top tier here. Places such as California and Washington have separate poker card-rooms in addition to these. Many States have ‘bar league' type games (with or without entry fees) including New Mexico and even restrictive Utah. In addition there are a lot of different laws covering home-games or ‘social poker'. These range from ‘no-go' (South Carolina) through small-stakes and only with real social relationships involved, through to no restrictions as long as nobody is making a profit from hosting the games. In general, despite the protestations of players, poker is not treated as a skill game.

Sports Betting Legally in the United States – Nevada is the only State to offer a full range of sports betting action on pro sports as well as horse racing. They were ‘grandfathered' out of the Federal ban in 1992 (along with Oregon, Delaware and Montana), however none of the other States currently allows this. New Jersey has been locked in a legal battle with the sports-leagues to allow betting from Atlantic City casinos in recent years.

Many States allow betting on horse races and greyhounds. This is done via pari-mutuel (pooled) betting systems and can be either on-track or remote (via ‘Simulcasts' of live races). Some states have moved forward with betting terminals, either allowing betting on historic races, or simulcast events. There are some States who make horse race betting legal, though have no races to bet at – examples here include the District of Columbia and Wisconsin.

Legal Lottery Betting – Most places enjoy lottery betting, though the scope of what is included here is wide. This ranges from the drawing games (both including the multi-jurisdictional draws), though scratch-cards to VLTs – video lottery terminals. These machines have instant win type games and have been used to replace video poker machines in bars, or to offer entertainment at racetracks. You can now buy lottery tickets online in many States, including Massachusetts and Illinois.

Legal Charitable Gambing And Bingo – Charity gambling includes bingo games, raffles and sometimes ‘casino nights' type promotions where people compete for (often donated) prizes. This is one of the most common carve-outs from general anti-gambling laws, even restrictive places like South Carolina and Texas have allowances for charity games. Interestingly, these charity bingo laws made it possible for Indian tribes to host high-stakes bingo halls on their land, which were the precursors to full casinos for many native groups.

Bingo is sometimes allowed outside of charity rules, with seniors groups of low stakes ‘beach bingo' games the main types.

Restrictive Gambling States

Legal Definition Of Gambling

Hawaii, Tennessee, Vermont and Utah are among the most restrictive States when it comes to enjoying gambling games. What strikes me with many of these is how creatively people manage to find gaming. Utah residents travel 2 hours west to the Nevada town of Westover in droves, and Vermont residents go south to Connecticut. It is often the ease with which gambling dollars cross borders which triggers governments to look into the legalization of their own casinos. A great example is the Ontario, Canada casino across the river from Detroit leading to the licensing of commercial casinos in Michigan.

Cruises to nowhere are also a popular solution, allowing people in Alaska, Georgia and (in the past) Texas to enjoy casino gaming. Even States which have licensed casinos often offer these cruises, for example Florida and Washington.

Liberal Gambling States

Gambling Illegal States

Many online poker players would immediately identify Nevada, Delaware and New Jersey as progressive in their gambling laws. There are actually many more States who are progressive in their approach to live gambling, though do not allow online games at all. These include Pennsylvania, which liberalized its laws recently, California – with a huge choice of tribal casinos and many other options and Louisiana, which has a long standing gambling tradition. There are many other places which enjoy a lot of tribal gambling, for example Oklahoma and Arizona.

Looking To the Future

More than 100 years after most States had blanket bans on gambling, the current direction is definitely towards the liberalization of these laws nowadays. The latest move towards regulating online poker and casino games goes alongside the gradual move towards commercial casino and expanded racetrack offerings. Though out history, it has been shown that banning gambling does not stop this activity – it simply pushes it underground. Regulations and controls, in addition to protecting problem gamblers, are a great way for States to enjoy the tax revenues that gambling brings, while offering their residents the freedom to enjoy this kind of entertainment.





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