Land-Based and Online Gambling Laws by State

It’s impossible to look at the gambling law of the USA as a whole. Each state has to be considered individually in order to stay constitutionally correct. In some cases, lawmakers are quick to jump on the opportunity to legalize gambling and start reaping the benefits of that, but in others – the lasting ban is not so easily lifted. Since it’s possible to make a costly misstep if you don’t know the gambling laws by state, we will get into more detail on the subject. Ultimately, it’s your responsibility to acquaint yourself with your local gambling laws.

Interest in the subject wax and wane, but it’s fair to say that an observable resurgence of gambling license applications is taking place in some parts of the US. We, as specialists in the field, caught wind of that and made this post sufficiently informative on the expected changes in the law. Read what we have prepared, and you will be able to shift for yourself when it comes to distinguishing the US gambling laws state by state. These are the sub-topics we cover.

Casino Gambling Laws by State

There are two forms of land-based casino gaming in the states – tribal casino gambling and everything else. The former is subject to federal law, which makes it somewhat exempt from state regulation. It is the most widespread form of land-based gaming currently, with 30 states having legal tribal casinos. The Internet gambling laws by state do the native tribes one better by allowing them to operate online gambling sites. Here are the types of casino gambling that are legal in different states.

US Sports Gambling Laws by State

It would be too complicated to present all the intricacies of the sports betting laws by state, so, instead, we will only discuss the states where sports gambling is legal. A thorough overview of the US gambling laws is available in one of our earlier posts.

There’s a fair number of such states now, thanks to the Supreme Court revoking the Professional and Amateur Sports Protection Act in 2018. Before that, Nevada was enjoying the perquisite right to offer sports betting legally. As it stands, the sports gambling laws by state are much more permissive, and a much longer list of US states have legal sportsbooks operating therein.

Even though sports betting is officially legal in quite a few states, you have to be careful about the sports gambling laws by states because there are fine details to each piece of legislation. A good example of something to watch out for would be the legal gambling age in the US.

A strict sports betting thing would be the restriction on college sports betting. In New Jersey, betting on college sports and events being played in the state is strictly forbidden. The same prohibition is in effect in New Mexico casinos. The New Mexico Gaming Control Board doesn’t allow betting on in-state college teams. In fact, here’s a list of the states where betting on in-state college teams isn’t allowed:

Online Gambling Laws by State

Considered individually, the online gambling laws by state look and feel different. Presently, online gambling is not fully legalized country-wise, but things are changing fast. Fast enough for the best US online casinos to start gaining traction. Without exception, all state legislators agree that gambling sites can only be operated by licensed casino operators. Even betting shops have to be physically located on the territory of a licensed casino. One thing has to be noted; however – there are a number of states where gambling is exclusively reserved for the Internet space.

New Hampshire and Tennessee are two of the states where you can only place a wager online. On April 2021, Mark Gordon – governor of Wyoming, signed a mobile-only sports wagering bill. That means Wyoming is going to join the mobile-only gambling family sooner rather than later. From a regulatory point of view, a solid foundation of Internet gambling laws by state could make the industry much easier to control. We have a shining example of that in the top New Jersey casino sites. These are the states where online gambling is legal:

States with the Harshest Gambling Laws

While the action around the US gambling laws by state, more or less, see-saws without following a clear direction, there are certain states where the idea of expediating a full-fledged gaming industry falls on deaf ears. The legislators of the states listed below oftentimes find themselves in the crosshairs of the supporters of legal gambling. Despite having so many advocates across the country, at the moment, it seems unlikely that the action of betting in all of its forms will ever become fully legal in these jurisdictions. Remember well the names of these states if you want to avoid having a predicament.

It’s true some of these states are taking baby steps toward loosening the restrictions, but there’s still nothing to indicate an intent to create centralized regulation and rules. Only time will tell if this is for the better, but we can tell now that even reputable operators are losing interest in the aforementioned territories of the US.

This is no surprise, given the fact the criminal code in these states still treats some gambling activities as a serious crime. For example, Nebraska law forbids all bookmaking with minor exceptions. Overstepping that law carries serious consequences.

US Gambling Laws by State by the Numbers

An in-depth look at the US gambling laws by state reveals that the lottery is the most common type of legal gambling activity. Keep in mind that often the lotteries permitted by law are charitable, sponsoring either education or another good cause. Online gambling is still a work in progressseen on a global scale.

Another interesting fact is that although tribal casinos are under the protection of The Indian Gaming Regulatory Act, not all states have tribal casinos. This is how the US gambling laws by state have influenced the numbers of states where you can legally place a wager.

What About the Tribal Gambling Laws by State?

Indian casino gambling was introduced with the Indian Gaming Regulatory Act of 1988 – part of the federal gambling law. The Act has made it possible for Native Americans to enter a compact with the state and become eligible to establish a casino. A tribal casino must be situated on the territory of one of the recognized Native American tribes for it to be under the protection of the Indian Gaming Regulatory Act.

It’s important to note that, although part of federal law, tribal casino gambling isn’t available in all corners of the USA. Here and there, US gambling laws by state don’t allow for that to happen. Meanwhile, there are such states where tribal gambling is the only legal gaming type. The unique structure of the gambling laws by state allows the two polar opposites to exists simultaneously.

Legal Penalties According to the US Gambling Laws by State

In California, there’s a list of outlawed games, including Faro, Monte, Lansquenet, Rouge et Noire, Rondo, Tan, Fan-Fan, Seven-And-a-Half, and a few others. Those are not your typical commercial casino games, and that’s for a reason. According to the California Penal Code § 330, engaging in such gambling games is a misdemeanour and gets you up to six months in jail and a $1,000 fine.

Going against the law in Nebraska can lead to Class IV misdemeanour charges for the perpetrator. Naturally, the penal law in New York and Texas is no less severe, where gambling is still frowned upon.

States Legalizing Gambling

Though the restrictions regarding gambling in some states may be rather strict, there is a glimmer of hope for the gaming fans of some of them. We checked the legislative activity in the USA on a regular basis and spotted several states where an effort is being made to move towards a legal and regulated gaming industry. In fact, most of these states are expected to launch legal sports betting in late 2021.

We are seeing a change in the sports betting laws by state as state legislators start recognizing this type of gambling as an invaluable source of tax money. Following the cash flow has led to sports betting bills being proposed even in some of the states with the strictest gambling laws. We think that trend is likely to continue, and we expect more breakthroughs where gambling was previously outlawed.

FAQ

The USA legislature concerning gambling is a melting pot of different views. It’s near impossible to remember the Internet gambling laws by state, so recapping one more time the key points made in this post is worth it. If you have any further questions, this is your chance to get answers. Below are the top frequently asked queries and their respective answers.

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