Legal Question: Home Poker

Ummm… hypothetically here, if a person wanted to invite friends over to play poker, for a modest real-money buy-in, where would he stand legally?

Let’s speak of the hypothetical state of Kansas specifically. Hypothetically, or course.

Hypotetically, of course, the police are on their way now… :smiley:

Seriously, however, I suppose you may be in trouble, just like you might for jaywalking. However, it’s extremely unlikely that any normal police force will bother you. (Of course, you always hear about those exceptions…)

Zev Steinhardt

As far as I know, it’s legal to gamble at home in the UK. I have fond memories of my circle writing up some rules, and meeting every fortnight. I usually broke even, although there was this hand where I had a Full House…

So is it illegal in the US?
Do Native Americans have special rights?

48 states (all except New Jersey and Nevada) make private gambling illegal.

Native Americans can do it on their reservations because, in some respects, Indian reservations are considered as sovereign nations. IANAL, but I’m sure that there are some on these boards who can provide much more detail on this.

Zev Steinhardt

My brother is a Superior Court Judge and goes to private poker games all the time… nuff said.

The Code of Virginia generally prohibits gambling. However, Code § 18.2-334 provides:

An “operator” is “…any person, firm or association of persons, who conducts, finances, manages, supervises, directs or owns all or part of an illegal gambling enterprise, activity or operation.”

In Virginia, then, you may have private games of poker, in a private residence, as long as no one person “owns” the operation, or receives a cut of the proceeds, and as long as it’s an infrequent and informal event.

  • Rick

You can legally gamble at home with your friends in this state as long as it is penny-ante gambling.

“Penny-ante game” means a game or series of games of poker, pinochle, bridge, rummy, canasta, hearts, dominoes, or mah-jongg in which the winnings of any player in a single round, hand, or game do not exceed $10 in value."

And the following rules apply:

"3) A penny-ante game is subject to the following restrictions:

(a) The game must be conducted in a dwelling.

(b) A person may not receive any consideration or commission for allowing a penny-ante game to occur in his or her dwelling.

© A person may not directly or indirectly charge admission or any other fee for participation in the game.

(d) A person may not solicit participants by means of advertising in any form, advertise the time or place of any penny-ante game, or advertise the fact that he or she will be a participant in any penny-ante game.

(e) A penny-ante game may not be conducted in which any participant is under 18 years of age.

(4) A debt created or owed as a consequence of any penny-ante game is not legally enforceable." From State Statute 849.085