Monday, 25 September, 2017

Current State Gambling Laws in the USA

Current State Gambling Laws in the USA Current State Gambling Laws in the USA
Howard Terry | 29 September, 2016, 09:44

Three sets of gambling law govern gambling in the United States of America. One governs local entities, the second state and the third entities on a federal level.

One of the bigger problems about these laws is that some of them don’t address gambling properly. Over time society and technology have changed, but the gambling laws have not. On top of that, their complexity is also due to being developed over the course of several decades.

This may be part of the problem why online gambling is prohibited or more precisely why online gambling transactions are illegal. Despite that, there are still online casinos that accept American players and give them options to make deposits and withdrawals. For example, here are some of those http://www.casinoreviewsandbonuses.com/usa/.

State Gambling Laws

It’s very hard to navigate through state laws because you have to consider 50 states, the District of Colombia and 2 territories.

Some states have made attempts to allow state-regulated online gambling and have succeeded in that such as New Jersey, Nevada and Delaware.

Some states on the other hand go to disturbing lengths to make online gambling as illegal as possible. Their biggest argument is the impact on society and the health of people.

California  and Pennsylvania had a chance to attempt in making state-regulated online gambling legal, but difficulties arose.

The first modern state laws that regulate gambling in general were made after WWII with the casino development in Nevada. Maryland legalized slot machines too as early as 1949.

With the crisis that hit in the 1970s leaving state budgets diminished, the lawmakers became a little relaxed about gambling. In an attempt to find new taxation sources, they relaxed the laws on casinos, pari-mutuel and lottery betting. It was then when the new gambling Mecca appeared, Atlantic City. 

Daily Sports Fantasy Betting

The last major commotion with online gambling happened when DraftKings started to become increasingly popular. It caught the eye of the federal government and the FBI, which produced attempts to make daily sports fantasy betting illegal.

The debate is on about which is true: whether daily fantasy sports betting is a game of skill or game of chance? If it’s a skill, then it shouldn’t be illegal because the UIGEA explicitly allows fantasy betting based on skill.

Federal Gambling Law

There are three federal laws that regulate gambling on a federal level:

• The Interstate Wire Act;

• The Professional and Amateur Sports Protection Act;

• The Unlawful Internet Gambling Enforcement Act (UIGEA);

The Interstate Wire Act

As the name suggests, this is the act that prohibits using wire communication facilities to place bets. The Department used this act to interpret that this includes even online bets. Further (re-)interpretations allowed some forms of online gambling.

Despite being passed in 1961, this Act has massive implications even today. In a technical sense, even discussing point spreads over the telephone is illegal, although not punishable. Only transmission of bets or related information is proclaimed to be crime.

The Professional and Amateur Sports Protection Act

Passed in 1992, this Act has had the smallest implication on every day gamblers. It was largely an unnecessary law, but it does do a grand job on making sports gambling illegal. It didn’t help at all to unearth sports gambling scandals.

The Act was brought by Senator Bill Bradley, who as a former pro basketball player was concerned about the influence of gambling on sports activities. It was intended to further clarify the vagueness of the Interstate Wire Act.

The Unlawful Internet Gambling Enforcement Act (UIGEA)

This is the Act that brought online gambling down. Passed in 2006, it had massive implications that resulted with many reputable online casinos to refuse to accept US players.

The problem with this act is that if it was passed alone it would be possibly rejected. Instead, the legislators added to the SAFE Ports Act at the last minute which they knew would pass so that no one would be able to read it carefully on time.

This Act does not make online gambling illegal in a literal sense. It only makes gambling payments illegal. This means that if you can’t pay, you can’t gamble online. However, many casinos refused to stop accepting US players so they found different ways for making payments.

It’s an Act whose intention is to make it hard for players to gamble online. But, one with many loopholes without the impact on online gambling in the way lawmakers hoped for.

Local Gambling Laws

Since the USA is a huge country, grasping the complete landscape of local gaming laws is virtually impossible. Local gambling laws encompass county and municipal laws, which essentially deal with specific problems and their effect on the community.

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