# Legal Question: Home Poker **URL:** \ **Category:** Factual Questions\ **Created:** [May 17, 2001, 5:33pm UTC](https://boards.straightdope.com/t/legal-question-home-poker/65741 "2001-05-17T17:33:07Z")\ **Posts on this page:** 7\ **Page:** 1
**Author:** ![sdimbert](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/sdimbert/32/20204_2.png) [@sdimbert](https://boards.straightdope.com/u/sdimbert)\ **Post date:** [May 17, 2001, 5:33pm UTC](https://boards.straightdope.com/t/legal-question-home-poker/65741/1 "2001-05-17T17:33:07Z")
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. ---
**Author:** ![zev\_steinhardt](https://avatars.discourse-cdn.com/v4/letter/z/97f17d/32.png) [@zev\_steinhardt](https://boards.straightdope.com/u/zev_steinhardt)\ **Post date:** [May 17, 2001, 7:23pm UTC](https://boards.straightdope.com/t/legal-question-home-poker/65741/2 "2001-05-17T19:23:10Z")
> [@](#): > > \*Originally posted by sdimbert \* > \*\*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… 😃 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 ---
**Author:** ![glee](https://avatars.discourse-cdn.com/v4/letter/g/b5a626/32.png) [@glee](https://boards.straightdope.com/u/glee)\ **Post date:** [May 17, 2001, 9:37pm UTC](https://boards.straightdope.com/t/legal-question-home-poker/65741/3 "2001-05-17T21:37:59Z")
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? ---
**Author:** ![zev\_steinhardt](https://avatars.discourse-cdn.com/v4/letter/z/97f17d/32.png) [@zev\_steinhardt](https://boards.straightdope.com/u/zev_steinhardt)\ **Post date:** [May 17, 2001, 9:52pm UTC](https://boards.straightdope.com/t/legal-question-home-poker/65741/4 "2001-05-17T21:52:19Z")
> [@](#): > > \*Originally posted by glee \* > \*\*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 ---
**Author:** ![dolphinboy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dolphinboy/32/330_2.png) [@dolphinboy](https://boards.straightdope.com/u/dolphinboy)\ **Post date:** [May 17, 2001, 10:12pm UTC](https://boards.straightdope.com/t/legal-question-home-poker/65741/5 "2001-05-17T22:12:58Z")
My brother is a Superior Court Judge and goes to private poker games all the time… nuff said. ---
**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\ **Post date:** [May 18, 2001, 1:32am UTC](https://boards.straightdope.com/t/legal-question-home-poker/65741/6 "2001-05-18T01:32:12Z")
The Code of Virginia generally prohibits gambling. However, Code § 18.2-334 provides: > [@](#): > > [It is not] illegal to participate in a game of chance conducted in a private residence, provided such private residence is not commonly used for such games of chance and there is no operator as defined in subsection 4 of § 18.2-325. 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 ---
**Author:** ![Bear\_Nenno](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bear_nenno/32/3358_2.png) [@Bear\_Nenno](https://boards.straightdope.com/u/Bear_Nenno)\ **Post date:** [May 18, 2001, 3:28pm UTC](https://boards.straightdope.com/t/legal-question-home-poker/65741/7 "2001-05-18T15:28:21Z")
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