Welcome to the ChipTalk Community

Want to join the rest of the ChipTalk members? It is free to sign up today and unlock new features, discussions, and reduce the advertising.

Sign Up

State Laws...

Discussion in 'Home Poker and the LAW' started by bradyboy, Apr 26, 2008.

  1. bradyboy

    bradyboy Member

    Joined:
    Apr 25, 2008
    Messages:
    13
    Likes Received:
    0
    Location:
    Colorado
    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
     
    #1
  2. mike33

    mike33 Well-Known Member

    Joined:
    Jun 22, 2007
    Messages:
    1,018
    Likes Received:
    0
    Location:
    Deep Stacked
    #2
  3. broncoboss

    broncoboss Well-Known Member

    Joined:
    May 6, 2008
    Messages:
    113
    Likes Received:
    0
    Location:
    Illinois
    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
     
    #3
  4. abby99

    abby99 Admin / Chip Magpie
    Staff Member Lifetime Supporter

    Joined:
    Nov 13, 2006
    Messages:
    12,586
    Albums:
    1
    Likes Received:
    388
    Location:
    Iowa
    You don't want to know. :wink:
     
    #4
  5. Stevo

    Stevo Well-Known Member

    Joined:
    Mar 22, 2005
    Messages:
    966
    Likes Received:
    20
    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.
     
    #5
  6. Cidertown

    Cidertown Faux Clay Nation

    Joined:
    Mar 15, 2007
    Messages:
    196
    Likes Received:
    0
    Location:
    Miss Michigan
    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 sounds like a legal thumbs up for friendly home games.
     
    #6
    Last edited: May 17, 2008

Share This Page