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.
Current Legal Overview for Online Gambling. When it comes to federal legislation of the United States of America, there are no laws preventing online gambling. These issues are left to every state. US online gambling laws regulate legal online gambling in many states. Some of the most liberal states regarding online gambling are Pennsylvania, New Jersey, Nevada, Denver, and West Virginia. There, you can play at online casinos and online games like poker, lottery, sports betting, horseracing, and daily fantasy sports.
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
This is a guide for online poker players in the America who want to know where they can play online poker and when they might be able to play in their home states. For states where online poker is legal, this is a guide for US online poker room reviews, poker sites available in your area, deposit bonuses, and online poker announcements.
US online poker laws seem to be changing monthly since government attorneys announced that the Wire Act cannot be used to prohibit states from allowing online poker. Online poker rooms and online gambling sites are clamoring for state licenses, and the US online gambling landscape is going through a major change.
For a select few Americans, online poker is here already. Nevada, New Jersey, and Delaware are leading the United States into the billion-dollar-a-year industry, and many more states are looking to get into the game in the very near future.
By the end of 2015, as many as a dozen states could allow their residents to play on legal online poker sites. That number may be higher if a federal bill, the Internet Poker Freedom Act of 2013, is approved in 2014. But since the odds of that happening are less than hitting a one-outer on the river, all the online poker news concerning legislation is coming from individual states.
American online poker laws are about to go through drastic revision, and US online poker sites will pop up as the laws change. Laws are changing fast, and this guide promises to remain up to date on all possible movements concerning online poker legislation.
A brief overview of each state's stance on online poker is below, but click through for a full update on the state's online poker laws, and gambling laws in the state in general.
Alabama
Alabama doesn't even have a state lottery. It's home to some of the most morally strict policymakers in the country, so poker is not coming anytime soon. Read more ...
Alaska
Online poker legislation remains frigid in the great white north, but the game has a few fans who are elected officials, and although lawmakers resisted expanding almost any type of gambling in here, online poker has a chance. Read more ...
Arizona
Despite a thriving Indian casino industry — or more like because of it — lawmakers are being cautious with online poker. Also, the governor is a tough opponent of any type of gambling expansion, poker included. Read more ...
Arkansas
Online poker legislation may be far off, but unlike some of its neighboring states, online poker may come to Arkansas with a federal push. Read more ...
California
Online poker will come to California maybe as soon as 2014. A crowded industry split into three factions may delay action on online poker bills already submitted. Read more ...
Colorado
With a steady and strong push from its significant casino industry, online poker legislation is most likely forthcoming in Colorado sometime in 2015. The state is already studying the effects online poker would have. Read more ...
Connecticut
As its neighboring states start to allow their residents access to online poker sites, look for Connecticut to follow suit. As such a small state, it's a prime candidate to contract with other states for shared player pools. Read more ...
Delaware
As of October 2013, online poker is completely legal, regulated, and live in Delaware. Read more ...
Florida
Two powerful casino forces — the racinos and Indian tribes — face off against a conservative state government intent on preventing gambling expansion. The governor has won the first round. Read more ...
Georgia
The official view toward poker here is as rigid as a Georgia pine. Poker is gambling, and gambling is bad in Georgia. Read more ...
Hawaii
Although one of the few states without any form of legalized gambling, Hawaii is rumored to be looking to get into the online-poker game. Read more ...
Idaho
Completely in the middle ground, there is no pending online poker legislation in Idaho. A grassroots effort would help here. Read more ...
Illinois
Online poker is being talked about by state officials. look for an online poker bill sometime in 2015. Read more ...
Indiana
With a conservative governor and minor casino industry, it's going to take a political campaign by its online poker players to move online poker forward. Read more ...
Iowa
Since 2011, certain lawmakers have pushed for online poker legalization. Now with states going live, watch for Iowa to join the game in 2014 or 2015. Read more ...
Kansas
A significant political shift is necessary for online poker to even be considered in the Sunflower State. Read more ...
Kentucky
Now that the powerful horseracing industry has wedged itself into the multi-state casino industry, watch for online poker legislation to move fast once more states go live. Read more ...
Louisiana
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An online poker debate should come to Louisiana in 2014, with significant movement in 2015. Online poker does face some opposition here. Read more ...
Maine
Brand new to the casino game, and with such a pretty face, Maine would make a lovely interstate online poker partner. However, it remains a wallflower. Read more ...
Maryland
With a healthy paranoia that it is missing out on the online poker industry, lawmakers began to push for it in 2013. Look for another push in 2014 and beyond. Read more ...
Massachusetts
Cautiously optimistic is how online poker players in Beantown should feel. Online poker won't come there as quickly as it should, but it's likely coming at some point. Read more ...
Michigan
A large casino industry will fuel the push toward online poker. State lawmakers seem to be wary, though. Read more ...
Minnesota
With a strong casino industry, it would seem Minnesota would be further along with online poker legalization than it is. It may catch up soon. Read more ...
Mississippi
An online-gambling bill failed to make it out of committee in 2013, but a multi-billion dollar casino industry will have a say. Read more ...
Missouri
Another state with a significant casino industry, but with no real movement toward online poker or gambling legalization. It will join the game sooner rather than later. Read more ...
Montana
Poker is considered gambling here, and online gambling was outlawed in the state in 2005. With no pending legislation, it may be awhile. Read more ...
Nebraska
Poker-playing multi-billionaire hedge-fund manager Warren Buffett lives here and he hates the thought of online gambling. Poker is sadly included in his categorization. Read more ...
Nevada
Online poker is legal in Nevada, and several rooms are live for real-money play. Read more ...
New Hampshire
For such a small state, New Hampshire has more online poker players per capita than anyone else. Still, there's no pending legislation. Read more ...
New Jersey
Online poker and gambling is legal in New Jersey. Online poker will be available in November 2013. Read more ...
New Mexico
New Mexico's 20 Indian casinos will have a say in the legislation of online poker here. Tribes have threatened to stop payments to the state if it legalizes online gambling. Read more ...
New York
New York may very well be the fourth state to legalize online poker in 2014. It has the support of the governor, as well as many lawmakers. Read more ...
North Carolina
No real online poker push is coming from North Carolina. Check back once other states start to go live. Read more ...
North Dakota
This was once the first state to try to legalize online poker in 2005; the feds put an end to that. Online poker legalization is on the backburner. Read more ...
Ohio
A state late to the casino game, online poker legalization has a real chance in 2015 or 2016, particularly if Pennsylvania beats Ohio to the market. Read more ...
Oklahoma
This state allows tribes to operate online poker rooms, with one major caveat: They can only do business with people living in other countries. What a rub. Oklahomans will have online poker sooner rather than later. Read more ...
Oregon
Once California begins to offer online poker, watch for Oregon's Indian casinos to begin applying pressure to lawmakers. They have shown to be a savvy lobbying group. Read more ...
Pennsylvania
With one scrapped bill that would have legalized online poker and gambling, be sure another will come in 2014. Although facing resistance in committee, online poker should be here by 2016. Read more ...
Rhode Island
A prime candidate to partner with Delaware. Industry insiders say a contract is in the works. Read more ...
South Carolina
The online-poker industry faces major resistance here. Any talks of gambling expansion are immediately quashed. Read more ...
South Dakota
Online poker isn't on the lips of any lawmakers here. But with a strong Indian casino industry, look for that to change in 2014. Read more ...
Tennessee
A strong religious base makes it difficult to move online poker legislation anywhere. Like, harder than shoving a mule through keyhole. Read more ...
Texas
Home of the congressman behind the Internet Poker Freedom Act of 2013, several bills that affect poker, online and otherwise, currently reside in committees. Texas looks like it wants to finally acknowledge the game. Read more ...
Utah
Online poker players in Utah at least have Nevada just over the border. Other than that, Utah is a desert for online poker players. Read more ...
Vermont
The tiny state may be game to contract with Delaware, New Jersey, and/or Nevada and allow its residents access to online poker sites. Once more states allow online poker, watch for Vermont to follow. Read more ...
Virginia
Online poker players must hope for political change statewide in order to eventually access online poker sites. It has a law on the books that outlaws Internet gambling. Read more ...
Washington, D.C.
Online poker was set to come to its citizens in 2013, but politics played its part and it was delayed. Online poker will definitely come to D.C. eventually. Read more ...
Where Can You Legally Gamble In The Us
Washington
The only state that criminalizes the online poker player, a grassroots movement stemming from that law is growing. Plus, Indian casinos are now in favor of legalization. Read more ...
West Virginia
State officials are most likely looking to contract with other states, probably Delaware. It may happen as soon as 2014. Read more ...
Wisconsin
The Indian casinos have yet to show their hand as to where they stand on online poker. There is no legislative chatter concerning online poker rooms. Read more ...
Wyoming
Lawmakers here are resistant to any form or gambling expansion, including online poker. If recent history is correct, online poker has a tough fight here. Read more ...
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Mississippi
An online-gambling bill failed to make it out of committee in 2013, but a multi-billion dollar casino industry will have a say. Read more ...
Missouri
Another state with a significant casino industry, but with no real movement toward online poker or gambling legalization. It will join the game sooner rather than later. Read more ...
Montana
Poker is considered gambling here, and online gambling was outlawed in the state in 2005. With no pending legislation, it may be awhile. Read more ...
Nebraska
Poker-playing multi-billionaire hedge-fund manager Warren Buffett lives here and he hates the thought of online gambling. Poker is sadly included in his categorization. Read more ...
Nevada
Online poker is legal in Nevada, and several rooms are live for real-money play. Read more ...
New Hampshire
For such a small state, New Hampshire has more online poker players per capita than anyone else. Still, there's no pending legislation. Read more ...
New Jersey
Online poker and gambling is legal in New Jersey. Online poker will be available in November 2013. Read more ...
New Mexico
New Mexico's 20 Indian casinos will have a say in the legislation of online poker here. Tribes have threatened to stop payments to the state if it legalizes online gambling. Read more ...
New York
New York may very well be the fourth state to legalize online poker in 2014. It has the support of the governor, as well as many lawmakers. Read more ...
North Carolina
No real online poker push is coming from North Carolina. Check back once other states start to go live. Read more ...
North Dakota
This was once the first state to try to legalize online poker in 2005; the feds put an end to that. Online poker legalization is on the backburner. Read more ...
Ohio
A state late to the casino game, online poker legalization has a real chance in 2015 or 2016, particularly if Pennsylvania beats Ohio to the market. Read more ...
Oklahoma
This state allows tribes to operate online poker rooms, with one major caveat: They can only do business with people living in other countries. What a rub. Oklahomans will have online poker sooner rather than later. Read more ...
Oregon
Once California begins to offer online poker, watch for Oregon's Indian casinos to begin applying pressure to lawmakers. They have shown to be a savvy lobbying group. Read more ...
Pennsylvania
With one scrapped bill that would have legalized online poker and gambling, be sure another will come in 2014. Although facing resistance in committee, online poker should be here by 2016. Read more ...
Rhode Island
A prime candidate to partner with Delaware. Industry insiders say a contract is in the works. Read more ...
South Carolina
The online-poker industry faces major resistance here. Any talks of gambling expansion are immediately quashed. Read more ...
South Dakota
Online poker isn't on the lips of any lawmakers here. But with a strong Indian casino industry, look for that to change in 2014. Read more ...
Tennessee
A strong religious base makes it difficult to move online poker legislation anywhere. Like, harder than shoving a mule through keyhole. Read more ...
Texas
Home of the congressman behind the Internet Poker Freedom Act of 2013, several bills that affect poker, online and otherwise, currently reside in committees. Texas looks like it wants to finally acknowledge the game. Read more ...
Utah
Online poker players in Utah at least have Nevada just over the border. Other than that, Utah is a desert for online poker players. Read more ...
Vermont
The tiny state may be game to contract with Delaware, New Jersey, and/or Nevada and allow its residents access to online poker sites. Once more states allow online poker, watch for Vermont to follow. Read more ...
Virginia
Online poker players must hope for political change statewide in order to eventually access online poker sites. It has a law on the books that outlaws Internet gambling. Read more ...
Washington, D.C.
Online poker was set to come to its citizens in 2013, but politics played its part and it was delayed. Online poker will definitely come to D.C. eventually. Read more ...
Where Can You Legally Gamble In The Us
Washington
The only state that criminalizes the online poker player, a grassroots movement stemming from that law is growing. Plus, Indian casinos are now in favor of legalization. Read more ...
West Virginia
State officials are most likely looking to contract with other states, probably Delaware. It may happen as soon as 2014. Read more ...
Wisconsin
The Indian casinos have yet to show their hand as to where they stand on online poker. There is no legislative chatter concerning online poker rooms. Read more ...
Wyoming
Lawmakers here are resistant to any form or gambling expansion, including online poker. If recent history is correct, online poker has a tough fight here. Read more ...
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NV
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Where Is Gambling Illegal In The Us
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