Are Home Poker Games Legal In New York

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Many states have enacted laws exempting certain charitable gaming activities from the applicable anti-gambling laws.

Websites containing state statutes are available for all states, although they may be out of date. The excerpts presented here are taken from those websites. It may take a long time before new provisions of a state law are incorporated into the online text the state makes available. Before acting on any information contained in RealGamblingUSA.com you should get up to date and to the point advice from a lawyer.

The most commonly exempted activities are bingo and charitable raffles as well as certain types of casino games. Hawaii and Utah do not have any charitable gaming laws.

The charitable gaming laws from all states that have them are listed in the table below. To view the applicable state law click on the name of the state.

It isn't universally illegal most casinos take a rake or charge for your seat every half hour (rake usual at low stakes, flat fee per half hour more common at mid and high stakes games). The social gambling exception provided in New York state law would seem to permit private games of any stakes, as long as no one profits from operating the game. Poker is not a form of charitable gambling allowed by New York law, so there's no such thing as a legal charity poker game in New York.

Are Home Poker Games Legal In New York

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aceofspades

First things first — make sure you are not breaking any laws by organising and playing poker at home in New York. Essentially, there are only three types of gambling that are legal in the state, and they include the New York state lottery, horse racing, and some tribal gambling. States Where Home Poker Games Are Fully Illegal The first group of states needs little explanation. These are examples of jurisdictions in which home games of poker are illegal. This means the legislation is quite explicit about the fact that betting on cards on private property is punishable by law. New York home poker game laws The illegality of poker games in New York State, and its classification in the state as a game of chance, was challenged by the arrest of Lawrence DiCristina in 2011 for operating an illegal poker game in Staten Island.

Illegal debts are not legally enforceable. Even friendly bets among friends are not legal, and thus the loser is completely on the honor system to pay up. Lest you think I'm incrimating myself, even members of the Supreme Court have a home poker game.


As an attorney, I had to look up your claims Wizard - as I have always known that it is a state issue of whether 'friendly' or 'social' bets are legal - here is a chart (one of many that can be found online) outlining (with links) each state's laws on social gambling
Are Home Poker Games Legal In New YorkLINK TO THE CHART
midwestgb

As an attorney, I had to look up your claims Wizard - as I have always known that it is a state issue of whether 'friendly' or 'social' bets are legal - here is a chart (one of many that can be found online) outlining (with links) each state's laws on social gambling
LINK TO THE CHART


Hi Ace.... Chuck's chart is quite nice. But a prohibition is only as relevant as its actual enforcement. FWIW, social gambling is alive and well in the states I hold a law license for... KS and MO... ;-)
That said, I would never attempt a legal action in either state to collect a friendly gambling debt.
aceofspades
Quote: aceofspades

As an attorney, I had to look up your claims Wizard - as I have always known that it is a state issue of whether 'friendly' or 'social' bets are legal - here is a chart (one of many that can be found online) outlining (with links) each state's laws on social gambling
LINK TO THE CHART


Hi Ace.... Chuck's chart is quite nice. But a prohibition is only as relevant as its actual enforcement. FWIW, social gambling is alive and well in the states I hold a law license for... KS and MO... ;-)
That said, I would never attempt a legal action in either state to collect a friendly gambling debt.
Hi Midwest - looks like we can start our own law firm - I will refer KS and MO cases to you and you can refer NY cases to me :)
Doc

The first item discussed, the dominant factor of chance, doesn't seem to apply here. I don't really think that anyone would interpret the amount of weight lost by an individual over nine months to really be dominated by chance.
midwestgb
Quote: midwestgb

As an attorney, I had to look up your claims Wizard - as I have always known that it is a state issue of whether 'friendly' or 'social' bets are legal - here is a chart (one of many that can be found online) outlining (with links) each state's laws on social gambling
LINK TO THE CHART


Hi Ace.... Chuck's chart is quite nice. But a prohibition is only as relevant as its actual enforcement. FWIW, social gambling is alive and well in the states I hold a law license for... KS and MO... ;-)
That said, I would never attempt a legal action in either state to collect a friendly gambling debt.
Hi Midwest - looks like we can start our own law firm - I will refer KS and MO cases to you and you can refer NY cases to me :)
Gotcha. Will PM you sometime!
Wizard
Administrator

As an attorney, I had to look up your claims Wizard

Are Home Poker Games Legal In New York Times Square


Thanks! So, if social gambling is allowed in a given state would the small claims court entertain a gambling dispute that took place in said friendly poker game? I have never once heard of this happening, but don't claim to sit in on small claims cases on a regular basis.
It's not whether you win or lose; it's whether or not you had a good bet.
rxwine

Thanks! So, if social gambling is allowed in a given state would the small claims court entertain a gambling dispute that took place in said friendly poker game?


The standard way to settle a dispute in a 'friendly poker game' is by shooting the dirty cheater.
ref: cowboy movies.
Quasimodo? Does that name ring a bell?
aceofspades

Thanks! So, if social gambling is allowed in a given state would the small claims court entertain a gambling dispute that took place in said friendly poker game? I have never once heard of this happening, but don't claim to sit in on small claims cases on a regular basis.

Are Home Poker Games Illegal


I have never heard of this either as I am not sure friends want to testify against each other and waste time dragging their other friends in as witnesses. However, stranger things have happened...you would have to either have your attorney or ask the Judge to issue a subpoena ad testifcandum forcing your friends to testify. Whether their memory will be faulty at that point in time is something I would not bet against!
MrV
NRS 463.361 Enforceability and resolution of gaming debts.
1. Except as otherwise provided in NRS 463.361 to 463.366, inclusive, and 463.780, gaming debts that are not evidenced by a credit instrument are void and unenforceable and do not give rise to any administrative or civil cause of action.
Mission146

I have never heard of this either as I am not sure friends want to testify against each other and waste time dragging their other friends in as witnesses. However, stranger things have happened...you would have to either have your attorney or ask the Judge to issue a subpoena ad testifcandum forcing your friends to testify. Whether their memory will be faulty at that point in time is something I would not bet against!


I'm not an attorney, but would a Court actually get involved with anything having to do with a bet or Poker game, or what have you? They're not the gaming commission, and my guess would be that, unless a State has laws specifically regulating the actual game/betting, then the Judge would hesitate to get involved. My speculation on this would be that someone who lost in the game simply could not sue the host for losing.
If you will peruse 55-9-2, here:

Are Home Poker Games Legal In New York State

http://www.gambling-law-us.com/State-Laws/West-Virginia/
That's the West Virginia law on unauthorized gambling. It basically says that the loser can sue the winner for what he lost which is because, pursuant to your link, West Virginia is actually one of the states in which friendly gambling is illegal.
It is for this reason that in State where friendly gambling is legal, (with parameters to the amounts one is permitted to lose to another per twenty-four hours, if applicable) the loser cannot recover that which he lost from the winner. Are Home Poker Games Legal In New York

Are Home Poker Games Legal In New York

I still think the Court would hesitate to get involved when it comes to allegations like bottom-dealing, card-stacking, etc.

Are Home Poker Games Legal In New York Times

Vultures can't be choosers.