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Is It Illegal To Play Online Poker In The US?
Online poker in the United States of America is a fairly complex subject. Many potential players mistakenly believe that it is illegal to play in the USA – a belief that is simply untrue! That is our conclusion after taking a look at the laws that have been drafted and the legal precedents that have been set. You can read about it in detail in the references below, but the act does not specifically ban online poker or make it illegal for US citizens to play poker online. The law was designed to restrict financial institutions from processing payments to online gambling business, something that financial institutions had being doing voluntarily for.
The question of whether online poker is not allowed in the US keeps popping in people’s minds within and outside the US. The confusion is glaring. To start with, a distinction should be made between offshore poker and inland poker playing rules. There are both clear and intrinsic laws attached to poker sites. Poker is, generally, illegal in the US but…
- There is another lawful online poker option for some – but not all – American residents: unraked cyber 'home' games. In certain states, playing an unraked poker game for money is kosher.
- US online poker laws seem to be changing monthly since government attorneys announced that the Wire Act cannot be used to prohibit states from allowing online poker. Online poker rooms and online gambling sites are clamoring for state licenses, and the US online gambling landscape is.
State versus Individual
It becomes complicated when people play poker as individuals. One might as well conclude that poker is legal at the individual level. It is also apparent that most of the states in the US have no specific laws that address gambling, and even where there are laws, they seem to be ignored. However, some states have expressly legislated on gambling. The New York state laws have declared online poker a felony punishable by law. Indeed, the laws have zeroed in on individuals to the extent that one can be prosecuted for installing poker software on their computer.
Turning the Blind Eye
While some states have come up laws against gambling and poker, records show that no one so far has ever been prosecuted for playing poker online. There have not been any online poker arrests of individuals, even in states such as Louisiana and Utah which have laws targeting individual poker gaming. This does not mean that online poker is extinct in such states. Indeed, the states may well be home to some of the most ardent online poker enthusiasts. The number of people who play poker online in such states may even be higher than that in states that don’t. The law has simply decided to ignore the felony.
Where it is Legal
Since you ask the question, it would probably suit you to know where you can play poker online in the US without the fear of being the first one to be apprehended by the authorities. You have the freedom to play poker without the fear of anyone breathing down your neck in Pennsylvania, Nevada, Delaware, and New Jersey.
The UIGEA Law
The US Congress passed the UIGEA Law way back in 2006. The law does not address individuals engaging in playing poker but it outlaws any attempt to offer online poker platforms to US citizens to lure them into playing the game. The effect was actually no effect at all on individual poker players since poker is still being played unabated in the US. However, the law was not toothless at all times. Offshore companies that offered poker gaming to American citizens were prosecuted. Banks with poker-related transactions were put to task.
The Green-light
The state department reversed the 1961 Wire Act at some point after the passing of the UIGEA law. Effectively some states were granted the green-light to allow online poker when played within the state. The state of Nevada was the first one to pass an online poker law following the review of the Wire Act.
Unregulated and regulated Online Poker
It will help you to learn that there is a difference between playing on regulated sites and playing it on sites with no regulation at all. Some states have laws that regulate online poker, yet others are still grappling with the idea. Regulated sites pay taxes to the states where they belong. Unregulated sites originate from all over and ideally violate the UIGEA Law of the US.
Explore more articles in the links below:
This is a guide for online poker players in the America who want to know where they can play online poker and when they might be able to play in their home states. For states where online poker is legal, this is a guide for US online poker room reviews, poker sites available in your area, deposit bonuses, and online poker announcements.
US online poker laws seem to be changing monthly since government attorneys announced that the Wire Act cannot be used to prohibit states from allowing online poker. Online poker rooms and online gambling sites are clamoring for state licenses, and the US online gambling landscape is going through a major change.
For a select few Americans, online poker is here already. Nevada, New Jersey, and Delaware are leading the United States into the billion-dollar-a-year industry, and many more states are looking to get into the game in the very near future.
By the end of 2015, as many as a dozen states could allow their residents to play on legal online poker sites. That number may be higher if a federal bill, the Internet Poker Freedom Act of 2013, is approved in 2014. But since the odds of that happening are less than hitting a one-outer on the river, all the online poker news concerning legislation is coming from individual states.
American online poker laws are about to go through drastic revision, and US online poker sites will pop up as the laws change. Laws are changing fast, and this guide promises to remain up to date on all possible movements concerning online poker legislation.
A brief overview of each state’s stance on online poker is below, but click through for a full update on the state’s online poker laws, and gambling laws in the state in general.
Alabama
Alabama doesn’t even have a state lottery. It’s home to some of the most morally strict policymakers in the country, so poker is not coming anytime soon. Read more ...
Alaska
Online poker legislation remains frigid in the great white north, but the game has a few fans who are elected officials, and although lawmakers resisted expanding almost any type of gambling in here, online poker has a chance. Read more ...
Arizona
Despite a thriving Indian casino industry — or more like because of it — lawmakers are being cautious with online poker. Also, the governor is a tough opponent of any type of gambling expansion, poker included. Read more ...
Arkansas
Online poker legislation may be far off, but unlike some of its neighboring states, online poker may come to Arkansas with a federal push. Read more ...
California
Online poker will come to California maybe as soon as 2014. A crowded industry split into three factions may delay action on online poker bills already submitted. Read more ...
Colorado
With a steady and strong push from its significant casino industry, online poker legislation is most likely forthcoming in Colorado sometime in 2015. The state is already studying the effects online poker would have. Read more ...
Connecticut
As its neighboring states start to allow their residents access to online poker sites, look for Connecticut to follow suit. As such a small state, it’s a prime candidate to contract with other states for shared player pools. Read more ...
Delaware
As of October 2013, online poker is completely legal, regulated, and live in Delaware. Read more ...
Florida
Two powerful casino forces — the racinos and Indian tribes — face off against a conservative state government intent on preventing gambling expansion. The governor has won the first round. Read more ...
Georgia
The official view toward poker here is as rigid as a Georgia pine. Poker is gambling, and gambling is bad in Georgia. Read more ...
Hawaii
Although one of the few states without any form of legalized gambling, Hawaii is rumored to be looking to get into the online-poker game. Read more ...
Idaho
Completely in the middle ground, there is no pending online poker legislation in Idaho. A grassroots effort would help here. Read more ...
Illinois
Online poker is being talked about by state officials. look for an online poker bill sometime in 2015. Read more ...
Indiana
With a conservative governor and minor casino industry, it’s going to take a political campaign by its online poker players to move online poker forward. Read more ...
Iowa
Since 2011, certain lawmakers have pushed for online poker legalization. Now with states going live, watch for Iowa to join the game in 2014 or 2015. Read more ...
Kansas
A significant political shift is necessary for online poker to even be considered in the Sunflower State. Read more ...
Kentucky
Now that the powerful horseracing industry has wedged itself into the multi-state casino industry, watch for online poker legislation to move fast once more states go live. Read more ...
Louisiana
An online poker debate should come to Louisiana in 2014, with significant movement in 2015. Online poker does face some opposition here. Read more ...
Maine
Brand new to the casino game, and with such a pretty face, Maine would make a lovely interstate online poker partner. However, it remains a wallflower. Read more ...
Maryland
With a healthy paranoia that it is missing out on the online poker industry, lawmakers began to push for it in 2013. Look for another push in 2014 and beyond. Read more ...
Massachusetts
Cautiously optimistic is how online poker players in Beantown should feel. Online poker won’t come there as quickly as it should, but it’s likely coming at some point. Read more ...
Michigan
A large casino industry will fuel the push toward online poker. State lawmakers seem to be wary, though. Read more ...
Minnesota
With a strong casino industry, it would seem Minnesota would be further along with online poker legalization than it is. It may catch up soon. Read more ...
Mississippi
An online-gambling bill failed to make it out of committee in 2013, but a multi-billion dollar casino industry will have a say. Read more ...
Missouri
Another state with a significant casino industry, but with no real movement toward online poker or gambling legalization. It will join the game sooner rather than later. Read more ...
Montana
Poker is considered gambling here, and online gambling was outlawed in the state in 2005. With no pending legislation, it may be awhile. Read more ...
Nebraska
Poker-playing multi-billionaire hedge-fund manager Warren Buffett lives here and he hates the thought of online gambling. Poker is sadly included in his categorization. Read more ...
Nevada
Online poker is legal in Nevada, and several rooms are live for real-money play. Read more ...
New Hampshire
For such a small state, New Hampshire has more online poker players per capita than anyone else. Still, there’s no pending legislation. Read more ...
New Jersey
Online poker and gambling is legal in New Jersey. Online poker will be available in November 2013. Read more ...
New Mexico
New Mexico's 20 Indian casinos will have a say in the legislation of online poker here. Tribes have threatened to stop payments to the state if it legalizes online gambling. Read more ...
New York
New York may very well be the fourth state to legalize online poker in 2014. It has the support of the governor, as well as many lawmakers. Read more ...
North Carolina
No real online poker push is coming from North Carolina. Check back once other states start to go live. Read more ...
North Dakota
This was once the first state to try to legalize online poker in 2005; the feds put an end to that. Online poker legalization is on the backburner. Read more ...
Ohio
A state late to the casino game, online poker legalization has a real chance in 2015 or 2016, particularly if Pennsylvania beats Ohio to the market. Read more ...
Oklahoma
This state allows tribes to operate online poker rooms, with one major caveat: They can only do business with people living in other countries. What a rub. Oklahomans will have online poker sooner rather than later. Read more ...
Oregon
Once California begins to offer online poker, watch for Oregon’s Indian casinos to begin applying pressure to lawmakers. They have shown to be a savvy lobbying group. Read more ...
Pennsylvania
With one scrapped bill that would have legalized online poker and gambling, be sure another will come in 2014. Although facing resistance in committee, online poker should be here by 2016. Read more ...
Rhode Island
A prime candidate to partner with Delaware. Industry insiders say a contract is in the works. Read more ...
South Carolina
The online-poker industry faces major resistance here. Any talks of gambling expansion are immediately quashed. Read more ...
South Dakota
Online poker isn’t on the lips of any lawmakers here. But with a strong Indian casino industry, look for that to change in 2014. Read more ...
Tennessee
A strong religious base makes it difficult to move online poker legislation anywhere. Like, harder than shoving a mule through keyhole. Read more ...
Texas
Home of the congressman behind the Internet Poker Freedom Act of 2013, several bills that affect poker, online and otherwise, currently reside in committees. Texas looks like it wants to finally acknowledge the game. Read more ...
Utah
Online poker players in Utah at least have Nevada just over the border. Other than that, Utah is a desert for online poker players. Read more ...
Vermont
The tiny state may be game to contract with Delaware, New Jersey, and/or Nevada and allow its residents access to online poker sites. Once more states allow online poker, watch for Vermont to follow. Read more ...
Virginia
Online poker players must hope for political change statewide in order to eventually access online poker sites. It has a law on the books that outlaws Internet gambling. Read more ...
Washington, D.C.
Online poker was set to come to its citizens in 2013, but politics played its part and it was delayed. Online poker will definitely come to D.C. eventually. Read more ...
Washington
The only state that criminalizes the online poker player, a grassroots movement stemming from that law is growing. Plus, Indian casinos are now in favor of legalization. Read more ...
West Virginia
State officials are most likely looking to contract with other states, probably Delaware. It may happen as soon as 2014. Read more ...
Wisconsin
Is Online Poker Illegal
The Indian casinos have yet to show their hand as to where they stand on online poker. There is no legislative chatter concerning online poker rooms. Read more ...
Wyoming
Lawmakers here are resistant to any form or gambling expansion, including online poker. If recent history is correct, online poker has a tough fight here. Read more ...