- States That Legalized Online Gambling
- States That Legalized Gambling
- States That Outlaw Gambling Laws
- States That Legalized Sports Gambling
- States That Outlaw Gambling Losses
A year later, the US Senate made its first attempt to ban online gambling, introducing the Internet Gambling Prohibition Act. The bill did not pass. The bill did not pass. In 2002, the United States Court of Appeals for the Fifth Circuit ruled the Federal Wire Act prohibits sports betting, but not necessarily online gambling. Since that time, state law related to gambling has continued to evolve. Some US states have gone so far as to outlaw online gambling outright. The states of New Jersey and Nevada, for example, have declared that all non-state regulated online gambling is illegal. The other anti-online gaming states outlaw Internet betting in all forms. The Professional and Amateur Sports Protection Act of 1992 put a federal ban on state-authorized sports gambling in every state that did not meet already legalize sports betting by the 1991 deadline.
In the United States, both the Federal government and individual state governments are responsible for regulating gaming within their jurisdiction. The Federal government has designated some forms of gambling as prohibited within the US and has created laws that are non-negotiable in the regulation of such prohibited activities. On this subject, the Federal government may outlaw any form of gambling and states must abide by their law as Federal regulation will always trump state laws. It is important to any country’s gambling laws in order to stay within the country’s legal guidelines.
States, however, are permitted to maintain their own regulations and prohibitions on acceptable forms of gambling as dictated by Federal regulations. So long as state laws align and do not challenge or disobey Federal gaming laws they are free to control, oversee, and manage to gamble within their state. Usually, states create and employ gaming control boards or special gaming commissions to supervise gambling activities within their state borders. State laws are subject to their specific state and do not have jurisdiction or power to control laws in other states. Therefore, gambling laws can differ greatly between states.
Active Federal Laws And Regulations In The United States That Affect Online Gambling
The United States maintains several significant federal gambling laws that greatly affect how gambling is regulated and permitted throughout the nation. Each law provides its own in-depth explanation, reasoning, and history behind its creation and implementation. On this page we summarize the laws, however, to gain a comprehensive understanding of the background of each federal law simply follow the highlighted links to resource guide that provides a greater depth of explanation.
Federal Wire Act – To combat prolific organized crime surrounding illegal bookmaking, then President John F. Kennedy enacted this law which effectively outlawed betting businesses from using phones to accept, place, or transmit interstate or foreign wagers on sports. At the time, this federal law greatly minimized domestic mafia bookmaking operations. The law has recently been interpreted by the US Department of Justice as effectively prohibiting U.S. based online sportsbooks from operating within the nation’s borders. Therefore it is a crime to operate an online sportsbook on US soil. The law does not prohibit USA residents from engaging in online sports betting at a legitimately licensed and regulated sportsbook that is legally operating outside of the United States.
DOJ Formal Opinion – In 2011, the DOJ and the Office of Legal Counsel released a memo that explained their formal interpretation of the Federal Wire Act that countered against the previous position the Criminal Division of the DOJ had taken. The memo stated that their prohibition on US-based Internet gaming only applied to online sports wagering. This clarification effectively allowed U.S. states to determine their destiny regarding online gambling as long as it doesn’t entail betting on sports. Therefore online casinos and poker sites are now legally permissible should a state decide to legalize these forms of betting entertainment.
UIGEA – This federal law is specifically aimed at online gaming operators and online gaming payment processors to curb illegal financial crimes, fraud, and money laundering through internet gaming activities. Financial institutions were thus barred from permitting direct transactions to online gaming service providers and given specific regulations on how they may process such transactions. In essence, the law provides regulatory oversight regarding how the online gambling transactions of USA residents are processed. The law does not make online gambling illegal.
PASPA – Once acted as the governing law over the prohibition of brick and mortar sports wagering throughout the US, with the exception of four exempted states. These four states had already implemented some type of active sports wagering or had pending sports legislation in place by a specified deadline and therefore were deemed exempt from the restrictions enacted by PASPA. The exemption was also offered to New Jersey due to their thriving Atlantic City gambling entertainment market, however, the state failed to take advantage of this option and allowed the deadline to pass. However, in 2018 SCOTUS reviewed PASPA and on May 14th ruled it unconstitutional and void. This law is no longer effctive in the land of the free.
RAWA – A preemptive bill yet decided upon intends to rewrite the Federal Wire Act of 1961 to extend prohibitions to include all forms of online gaming. If passed, this law would violently impact the current and future USA online gambling market as it does not include carve-outs for existing state-regulated online gambling platforms such as those initiated in Delaware, New Jersey, and Nevada – effectively making all online gaming in the USA illegal immediately.
State Gambling Laws
Individual states maintain the authority to allow or prohibit any form of gambling within their borders that are not expressly prohibited by US federal gambling laws. Due to the differing climate of states and their individual positions regarding legal forms of gambling entertainment, it is crucial to provide up to date information on what each US state permits and forbids in order to deliver the most accurate information for our readers. Therefore, we have specialized state focused pages to deliver the most current information on gaming laws and permissible gaming entertainment within their borders. Not only that, we provide here a state-specific gambling entertainment bill tracker to keep Americans updated on upcoming legal forms of betting entertainment in their state and inform them of newly enacted or retracted gambling laws.
Who Regulates Gambling in The United States?
At the federal level, there are multiple agencies that have a say in the regulation of U.S.A. gambling, these figures include the Department of Justice, the Federal Bureau of Investigation, the US Supreme Court, the House of Representatives, Congress, and even the President. All of whom communicate with one another and utilize the US constitution and precedent laws to determine the eligibility and legality of pending gambling legislation and regulations. At the state level, senators and congressmen in government positions lobby, direct, and discuss possible gaming legislation to either generate, permit, and regulate various legal forms of gaming entertainment in their state.
However, state governments often create sanctioned oversight boards such as Gaming Control Boards or Gaming Commissions to authorize, supervise and regulate legalized gambling activities within their state. Certain states in the USA may only have limited forms of legal gaming and therefore consolidate administrative power to existing commissions such as Lottery Commissions that are then tasked to regulate lotteries and limited forms of gambling such as charitable gaming in this case.
Forms of Legal Gambling in The United States
There are a variety of legal forms of gambling within the United States, however, these permitted venues are not uniform across state lines and players interested in engaging in these activities should check with local state laws to ensure lawful participation. As identified by the American Gaming Association the following forms of gaming entertainment are legal in the US: brick and mortar commercial casinos, tribal-run casinos, public and private poker rooms, bingo halls, various charitable gambling venues offering games such as raffles, pull-tabs, paddlewheel, punchboards, and casino nights, table games, on-track and off-track pari-mutuel wagering on horse racing, exotic wagering, bookmaking, daily fantasy sports tournaments, skill-based tournaments such as billiards, darts, and fishing, and lotteries.
Forms of Legal Online Gambling in The United States
Within the U.S.A. there are legal forms of online gambling that citizens may participate in, however again, the permissibility of online wagering is not equal across state borders as individual states hold the authority to allow or prohibit various types of online gambling for their state residents. With this being said, a number of US states have permitted the legalization of online gaming platforms through the use of iGaming services providing online casino, poker and lottery initiatives that are thriving. As of this writing, Delaware, New Jersey, and Nevada all have state-based online poker available, and both Delaware and New Jersey also offer state-regulated online casino gambling as well.
At this moment in time, individual states are not eligible to provide state-regulated sports betting online due to current federal legislation blocking such access. Regardless, nearly all USA residents may participate in legally licensed and regulated offshore online sports betting sites that remain a legal online avenue for USA players.
What Is The Legal U.S. Gambling Age?
Generally, gambling is legally accessible to individuals above the age of eighteen. However, every state has its own laws on the minimum legal age for gambling within their borders and often it can vary by game type. Normally, lottery gambling, charitable gambling, parimutuel wagering and bingo are available to young adults who are at least eighteen. Often times poker and casino gambling impose a requirement for individuals to be at least twenty-one in order to participate. These norms vary by state.
What Happens If I Violate A US Gambling Law?
Nearly all states criminalize gambling in some form and contain various penalties and punishments set for engaging in illegal forms of gambling. Violations of any US gambling laws, whether federal or state, can lead to imprisonment, hefty fines, and/or probation. Each violation case is different, and penalties vastly change based on the state or jurisdiction the violation took place in and circumstance. Imprisonment can vary based on a misdemeanor or felony offense in which case can result in up to a year in county or local jail for misdemeanors and a year or more in prison for felony offenses.
Criminal cases involving organized crime and professional gambling can result in up to a 10-year sentence in federal prison or more. Fines can vary on a state by state basis, generally, misdemeanor fines can range from $100 up to a $1,000 or more. Felony fees are relatively handled the same way and they can reach up to $20,000 or more. Fines can be separate punishments or in addition to jail or prison sentences. Probation sentences often ask offenders to serve 12 or more months either in a gambling addiction treatment facility or refraining from participating in gambling activities alongside with judge recommendations for community service or similar.
Is Illegal Gambling a Problem in the United States?
In the past, illegal gambling rings were run by threatening mobster figures who would often commit violent crimes against individuals and families of persons with unpaid debts. Today, the seedy dark figures of the past are no longer so prevalent but that is not to say that there are no underground gambling activities taking place in the US. In fact, several cases of violent threats and acts occur to this day due to gamblers placing wagers and falling into debt with the wrong type of individuals.
Illegal gaming remains a huge black-market business in the U.S. and every day individuals can place illicit wagers through bookies, backdoor casinos, and illegal online portals while operators, owners, and bookmakers take their cut of this lucrative business. No one is sure how much money is exactly wagered illegally but some estimate that the numbers are close to $88 billion a year. Other than the issue of states being unable to tax this money and legal venues losing money to illegal platforms, the greater issue of possible gambling addiction remains the most threating as addiction can lead to serious problems concerning an individual’s financial welfare, home-life, and possible crimes committed.
Which States Consider Gambling Illegal?
Gambling is wholeheartedly illegal in Utah and Hawaii, as they are well-known for their gaming prohibitions and strict anti-gambling laws. These two states have often reasoned that gambling would destroy their religious values, moral family structures, and harm their communities. Certain states that do not oppose gambling on moral grounds still limit gaming within their borders and only provide minimal gaming entertainment access; a move that often forces interested bettors into illegal gambling activities. One state in particular that engages in this type of limitations is Alaska, however, other states employ similar limitation tactics. These types of restrictions have driven the legal online gambling industry to gain momentum.
How Do I Know If I’m Gambling At An Illegal Destination?
Often a red flag for any gambler is the location of the said gaming site. Look around: is the setting of the business in a rundown location hidden from legal oversight? Do you have to enter through a special backdoor? Is the lighting poor, hygiene of the venue dissatisfactory, and do the patrons and staff give off a suspicious feeling? The one sure fire way to determine the legitimacy of any type of gambling business either offline or online is through their credentials. Legally sanctioned gambling businesses have no problem being transparent regarding their licensing, regulatory oversight and compliance certifications.
All licensing credentials should reflect the name of the agency or gaming commission that issues licensing for any given jurisdiction, and can easily be verified through the relevant regulatory body. If you find yourself in contact with a gambling business of any kind that acts defensive or is elusive when you attempt to question their credentials, you can speculate that their legitimacy is questionable. Illegitimate gambling businesses, which in turn are illegally operating, are usually focused on predatory acts, such as theft and fraud. We strongly caution against sharing any information with any gambling business that you are not sure is operating legally within the industry.
Who Do I Contact About Illegal Gambling Operations?
Once you have come in contact with an illegal gambling operation that attempted to entice you to wager on or participate in illicit activities, contact a lawyer, report the illegal operation at ic3.org, and follow up with filing a report with the FBI, local law enforcement, the American Gaming Associations Illegal Gambling Advisory Board, and/or Internal Revenue Criminal Investigation Department.
Help With Gambling Addiction In The United States
The gambling movement is gaining traction across much of the United States. However, many states are still working on legislation to allow gambling within their borders.
Here are five states without legalized gambling. A few of them may be working feverishly to open the gambling gates. Meanwhile, other states have clearly stated, “No gambling here.”
1 – Utah
Utah is one of the most absolutely beautiful states. From the awe-inspiring drive up to Monument Valley to the majesty of Arches National Park, Utah is a wonderful place to live.
Unless you’re a gambler of any sort, that is. Utah has some of the strictest gambling laws in the country.
Residents of Utah do not have access to a single casino within its borders, making it one of the 10 states without some form of commercial or tribal casino.
Even if the gambling laws began to relax considerably, it would be miles away from opening up to casino play.
Utah has no state lottery and does not participate in any of the multi-state lotteries. You can’t even by a scratch-off in Utah.
So, no casinos and no lottery of any kind.
What about playing bingo for real money?
Bingo has become a way for gamblers in states with no gambling to quell their thirst for some action. Most bingo halls will pay a considerable portion of their earnings to charity. Still, it definitely gives players the chance to cash in on the game.
This may seem like extreme measures, but Utah citizens don’t appear to mind too much one way or the other. Much of Utah’s population is of the Mormon faith, and their religion strictly forbids such activities.
Not all of the people living in Utah are of the Mormon faith, though. Surely residents are free to gamble in their homes.
That’s hard, “no.” If you live in Utah, you’re not even permitted to gamble on poker or the Jazz game in your own home.
Utah is also one of only a handful of states with a specific law prohibiting internet gambling. Utah has gone as far as to opt-out of any federal regulations legalizing gambling.
2 – Hawaii
Hawaii is unequivocally one of the most beautiful places on the planet. The soaring mountains covered in lush vegetation towers above the white sand beaches and perfectly blue waters.
I’ve never been playing a round on one of Maui’s illustrious golf courses or been diving in the waters off of Oahu and wished I were in a casino. This plays into the reasons behind Hawaii not having legalized gambling.
The natural beauty of Hawaii is all of the attraction needed to draw a booming tourism industry. Many believe a gambling industry may only serve to hinder their niche as a family vacation spot.
The Hawaiian culture puts a huge emphasis on family. Hence, Hawaiians largely view gambling as harming their community.
The proponents of legalized gambling in the islands’ chain argue that the casino industry could add over $25 million in new revenue each year. Of course, this pales in comparison to the over $1 billion generated annually via the tourism trade.
States That Legalized Online Gambling
It’s easy to imagine the Maui coast dotted with beautiful casino resorts. What many Hawaiians can see is the added potential for things like pollution, crime, and traffic.
I specify commercial casinos for an important reason. You see, there has been legislation being debated over for sometime pushing for native gaming.
The Akaka bill would do much the same for native Hawaiians as the native American tribes have seen in the continental United States, meaning that natives would be permitted to offer gaming as a revenue source.
The Akaka bill seems to be all but dead, but some residents hold out hope.
In an ironic twist, the number one vacation spot for Hawaiians is Las Vegas, Nevada.
3 – Alaska
Alaska may be the home of the latest gold rush, but don’t travel to the last frontier expecting to strike it rich in the casinos.
Alaska has yet to outlaw internet gambling or daily fantasy sports specifically. I’d consider traveling to Canada or Las Vegas before testing the online casinos.
If the Alaskan authorities decide to prosecute a gambler in the state, a second charge is an automatic felony. I can’t imagine a single casino game or sporting wager worth catching a felony charge.
I suppose it isn’t surprising that Alaska has no legal gambling. In many communities and regions throughout the state, a strict prohibition on alcohol still exists.
So, if you think maybe you’ll test your luck at an offshore gambling site, remember that the Alaskan authorities are throwing people in jail for having bottles of liquor.
The lack of casinos likely won’t come as a shock to many of you. Alaska is known for its vast wilderness, and the tourism industry depends on it to survive.
States That Legalized Gambling
The Alaskan residents don’t seem in any hurry to start littering the beautiful landscape with gaudy casinos. Honestly, it’s probably best to keep it that way.
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If you’re heading for an Alaskan vacation, you’d better buy your lottery tickets before you get on the airplane or hit the Canadian border. All forms of the lottery are illegal in Alaska, including scratch-offs and PowerBall.
Alaska has a lot to offer anybody that wants adventure in the wild. On that note, if you’re looking to get rich quick in Alaska, stick to the gold panning.
4 – Texas
Texas has a lot going for it. The Lone Star state has a booming economy, and let’s face it, everything is bigger in Texas.
Sports are among the most popular activities in Texas. From little league to college athletics, passionate fans rarely miss a game.
Texas has eight professional sports teams from the big four sports. Yet, sports betting in Texas is illegal at the moment.
Many sports bettors turn to offshore betting sites to get their fix. While sports betting is prohibited, the use of the sites is not specifically outlawed.
In fact, nobody in the state has ever been brought up on charges resulting from play on one of the sites. Typically, law enforcement will focus on the sites operating illegally.
Texas is one of the largest states in both size and population. Unfortunately, the sprawling land is home to a single casino.
The Lone Star State’s lonesome casino is located on the Kickapoo reservation near the border with Mexico.
Texans still get their fill of casino gaming. Most of the most densely populated areas are within driving distance of casinos in neighboring states.
For years, Dallas/Fort Worth residents would travel to Shreveport, LA, to visit the riverboat casinos. They now have the largest casino in the world a short 90-minute drive north at Winstar World Casino in Thackerville, OK.
Texas looks to be on the cusp of legalizing sports betting. However, this doesn’t open the door for casinos to begin breaking ground.
It simply means that in addition to the massive Texas lottery options, bingo halls, and Saturday night poker games, Texans enjoy, they can also bet on those Dallas Cowboys.
States That Outlaw Gambling Laws
5 – Tennessee
Tennessee has a rich and vibrant culture that is distinctly its own. From Memphis’s city sounds to the Appalachian-themed Dollywood, Tennessee is a state that doesn’t take itself too seriously.
States That Legalized Sports Gambling
Tennessee has ignored convention regarding gambling laws as well. The state has left the antiquated laws in place dating back to the 1800s.
That means the Tennessee authorities have not updated laws regarding online gambling. Like many states, online gambling is a gray area.
Gamblers in Tennessee do have nearby options. It simply means driving out of state. The riverboat casinos in Mississippi are a popular destination for Tennessee residents.
States That Outlaw Gambling Losses
You would think the state officials would make changes to existing laws in an effort to keep some of those dollars in state coffers.
Conclusion
If you’re looking for a nice vacation with some gambling mixed in, avoid these states. The “No Gambling Here” sign may not last forever, but these five states without legal gambling haven’t made the change yet.