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Old 04-26-2008, 09:11 PM
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bradyboy bradyboy is offline
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Arrow State Laws...

does anyone know the true law of a home game in a state that outlaws gambling? for example my home game in Colorado.
all posts welcome
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Old 04-26-2008, 09:53 PM
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mike33 mike33 is offline
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Re: State Laws...

Here ya go...State Gambling Laws

Search is your friend.
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Old 05-13-2008, 12:14 AM
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Re: State Laws...

Thanks for posting this link Mike. Search may be my friend, but I am no lawyer. I read this for both states I play in and can't make heads or tails of it. I am pretty sure poker is legal without a rake in WI based on prior knowledge not the legal mumbo-jumbo on this link. I have no idea about IL. I guess I'll find out when the door gets kicked in!! LOL
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Old 05-13-2008, 12:21 AM
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Re: State Laws...

Quote:
Originally Posted by broncoboss View Post
I have no idea about IL. I guess I'll find out when the door gets kicked in!! LOL
You don't want to know.
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Old 05-13-2008, 08:57 PM
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Re: State Laws...

Well, I play in GA and we don't allow gambling and so home games are illegal. Rake, stakes, whatever, don't matter, still illegal.
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Old 05-14-2008, 09:32 AM
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Re: State Laws...

Link: Colorado Department of Revenue

The last couple of paragraphs explain that "social gambling" is allowed as long as there is a bona fide social relationship based on something other than gambling. I would argue that if you have ever talked to your poker buddies about anything other than gambling, you are in under this exception.

Here's a nifty case that says that "the critical inquiry is whether the participants here came together for any shared purpose other than gambling." FindLaw for Legal Professionals - Case Law, Federal and State Resources, Forms, and Code (Oops. Looks like you need to sign in for that case. Anyway, it's Leichliter v. State Liquor Licensing Authority.) Short version: guys were at a bar and ran a basketball pool. Court held they were there to socialize as well as gamble, so no violation. So again, I argue if you have any other conceivable social purpose, even as generic as hanging out, talking, socializing, they won't bust you.

Also from that case is this quote: "In Houston v. Younghans, 196 Colo. 53, 580 P.2d 801 (1978 ), however, the court determined that poker playing for money among friends at the home of one of the players was incidental to a bona fide social relationship."

That should seal it as far as friendly home games.
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