So by law it is legal to host a poker game as long as there is no rake ? Right ?
This.I believe it is different state by state.
Look up your state statutes. Do the Google.So how would you find out ?
Search “Tennessee home poker laws” on the innerwebz. Or ask @Poker Zombie.So how would you find out ?
I assume everything us legit in PA. I’ve currently have and have previously played with several regular players who were cops. Unless you are profiting with a rake (operating a casino without a license basically).
Even in states that have laws against it, I would be curious to see how often those laws are enforced.
This is a great point and I make it at nearly every game of mine. Everyone seems to think that no rake = legal in PA. In reality, it is still technically considered a game of chance and is illegal. However, I read about a case where a person hosted a game in their garage, got in trouble, then argued that NLHE was a skill game (not a game of chance) and that it was a social gathering. From what I recall, the court accepted this explanation and he was exonerated. My game plays a bit bigger than a regular garage game, but we have a decent bit of property (1.5 acres) and most company doesn't drastically infringe on the neighbors. No issues yet (knock on wood).From what I have seen online, the law in PA is fairly vague. It doesn't appear that law enforcement is necessarily looking for home games, but all it can take is one sour neighbor and a local PD that decides they don't like your setup.
Pennsylvania's Poker Laws
Almost all states in America attempt to define the act of gambling via state law. But while Pennsylvania law does have a lot to say about the subject of gambling, you won't find a clear definition of "gambling" on the books. Faced with such a situation, we're left to consider common sense and case law to determine whether or not poker is a form of gambling for the purposes of Pennsylvania law. The reasonable conclusion is that poker qualifies as gambling in Pennsylvania.
Per Pennsylvania law, gambling must be "specifically" authorized by law, or else it is considered "illegal gambling." So, if poker is gambling, to play poker legally in Pennsylvania you must do so in a manner specifically authorized by law.
Those conditions result in one primary outlet for legal poker in Pennsylvania: state-regulated casinos. The positive side is that such casinos have proliferated in Pennsylvania over the last few years, meaning residents who once had to drive to New Jersey or even Massachusetts to play poker in a live casino now have options much closer to home.
The exceptions for charitable gambling in Pennsylvania do not include poker. And, unlike neighboring Ohio, Pennsylvania does not have an exception for "social" gambling (aka your weekly home game).
But, in a final twist for poker players, the state of Pennsylvania does not seem to have any charges on the books for players. So, in theory, if everyone in the game is a player - and no one is operating the game for a profit - a private game of poker, while technically against the letter of the law, would seem to invite no risk of criminal charge.
@MegaTon44 - Dan, ever have an issue with a neighbor or local PD with your game, which tends to run fairly large?
I have at least one lawyer that plays in my game regularly. I asked him this very question - he responded "Don't break the law, while breaking the law". Seems maybe I should find a lawyer that doesn't get his quotes from poker moviesThere is no substitute for legal advice from a lawyer with professional skill in the appropriate area
While all of the above is likely true, if the local DA shares a different opinion - the cops still come - and they bring a lot of their friends.In the early 2000’s before I was married I lived in a house with a lawyer and a cop. Both played in my pokers games. Back then I asked the cop what his perception of the law was. He was under the impression that a home game was basically fine as long as the host isn’t trying to make a profit. He also admitted that most of his colleagues don’t really know or care about the law regarding poker home games. I remember him saying you would have to be engaged in a lot of other stupid activities for them to even look into it as a charge.
My current neighbor and friend is a cop and also plays with us in a regular basis. I asked him once and he felt it was no worse than a misdemeanor but also said he doesn’t know a cop who would break balls about it. He said several of his colleagues play poker in home games.
I only mention this to illustrate how some cops may view the law regarding this. Also remember there are probably many laws on the books routinely and purposely ignored by law enforcement because many feel they are antiquated or just plain stupid.
Local DA getting paid by the casinos to sound the alarm about the moral dangers of home poker games?Based on recent events here in Houston, it's not the cops you should be worried about, it's the DA!
Edit: Craig beat me to it!
Local DA getting paid by the casinos to sound the alarm about the moral dangers of home poker games?
Suck? I'd take those laws over Tennessee laws in a heartbeat!Maryland rules suck!
§ 9-1C-01. Home games
Notwithstanding any other provision of the Criminal Law Article, an individual who is at least 21 years old may conduct a home game involving wagering if the home game:
(1) is limited to mah jong or a card game;
(2) is conducted not more than once a week:
(i) in the place of residence of an individual who may also participate as a player in the home game; or(ii) in a common area of a residential property that is restricted to residents who are at least 55 years old;(3) allows a player to compete directly against one or more other players who share a preexisting social relationship;
(4) does not allow an individual to benefit financially in any way, directly or indirectly, other than from the winnings accrued by participating as a player in the game;
(5) does not involve:
(i) a player's use of an electronic device that connects to the Internet;(ii) the use of paid public advertising or promotions;(iii) the charging of a fee for admission, a seat, entertainment, or food and drink or any other fee; or(iv) the use of any money except money used for wagering; and(6) has a limit of $ 1,000 on the total amount of money, tokens representing money, or any other thing or consideration of value that may be wagered by all players during any 24-hour period.
I mean ive been playing home poker games for years and years and have never had any kind of trouble..
I have at least one lawyer that plays in my game regularly. I asked him this very question - he responded "Don't break the law, while breaking the law". Seems maybe I should find a lawyer that doesn't get his quotes from poker movies
Depends on the state you live in. I live in VA where nearly every game is illegal if they want it to be.So by law it is legal to host a poker game as long as there is no rake ? Right ?
But we host them anyway!!Depends on the state you live in. I live in VA where nearly every game is illegal if they want it to be.
- Can't take a rake
- Can't collect or accept money for food and/or alcohol.
- Can't be a regularly scheduled event
And a whole host of other restrictions.
I have at least one lawyer that plays in my game regularly. I asked him this very question - he responded "Don't break the law, while breaking the law". Seems maybe I should find a lawyer that doesn't get his quotes from poker movies
Yes....yes we do. Living on the edge.But we host them anyway!!