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Why Is Gambling Illegal In Most States

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Why was sports betting illegal in most of the U.S.? The Professional and Amateur Sports Protection Act of 1992 halted the spread of legal sports betting beyond states that then allowed it. Most of the countries that are former members of the British commonwealth share relatively same standpoints towards gambling operations. In essence, they allow them to exist, but to a certain degree. One of the weirdest aspects that you may have seen in a country's gambling regulation is that online operators cannot offer their services to.

  1. Why Is Gambling Illegal In Most States
  2. Why Is Gambling Illegal In Most States Created

We've compiled this legal online betting guide for US players arranged by state, to provide accurate and up to date information on the legal online gambling status and gaming options available within each US state. Our goal is to provide a comprehensive state gambling directory which will empower players with the information to make informed decisions about online gambling.

This state-specific data will include a look at the state laws governing online gambling opportunities from online casinos, online poker, to online sports betting.

Each individual state is approaching the legalization of online gambling differently, thus it is necessary to detail lawfully available state-licensed options, and sanctioned licensed offshore online gambling opportunities. We also address some of the most commonly asked questions about gambling in each state and provide some helpful resources for players to access. This information can only be covered in depth within each of the state pages we offer, which you can find listed within this guide.

Is Online Gambling Legal In My State?

To avoid confusion, we have marked US states which offer state-regulated gambling options in the table below with a check mark. At this moment in time, eight US states have legalized and regulated online gambling in some form. For example:

Online Poker & Casinos:

  • Delaware - Online Poker and Online Casino gambling
  • Nevada - Online Poker
  • New Jersey - Online Poker, Online Casinos
  • Pennsylvania - Online Poker, Online Casinos
  • West Virginia - Online Poker, Online Casinos

Online Sports Betting & Fantasy Sports

Why Is Gambling Illegal In Most States

  • Illinois - Legalized Online Sports Betting**
  • Indiana - Offers Online Sports Betting
  • Iowa - Offers Online Sports Betting
  • Massachusetts - Fantasy Sports Allowed
  • Mississippi - Online Allowed At Casinos Only
  • Montana - Legalized Online Sports Betting**
  • Nevada - Online Sportsbooks State-wide
  • New Jersey - Online Sportsbooks State-wide
  • New York - Allows Fantasy Sports And Domestic Sports Betting
  • Oregon - Offers Online Sports Betting
  • Pennsylvania - Offers Online and Domestic Sports Betting
  • Rhode Island - Offers Online and Domestic Sports Betting
  • Tennessee - Offers Online Sports Betting Apps
  • West Virginia - Online Sports Betting Allowed State-wide

** Legalized but Pending launch

Online Lottery:

  • Georgia - Online Lottery Allowed
  • Illinois - Online Lottery Allowed
  • Kentucky - Online Lottery Allowed
  • Michigan - Online Lottery Allowed
  • Minnesota - Online Lottery Allowed
  • New Hampshire - Online Lottery Allowed
  • Pennsylvania - Online Lottery Allowed

Is Licensed Offshore Gambling Legal In My State?

While the above-mentioned states offer regulated online gambling, they still maintain the option to utilize licensed offshore online options. Nearly all US state residents, except those from Washington or Connecticut, can legally access licensed offshore online gambling platforms to play online casino games, poker, or bet on sports.

This is because no state laws in these other 48 states specifically prohibit or allow it - thus operating in a technical grey area, it is still considered safe to use because it is not likely these states will draft and pass legislation to specifically affect domestic access to licensed offshore gaming.

What Is The Minimum Online Gambling Age in the US?

There is no one minimum gambling age in the US as this is set and regulated by each individual state. The minimum gambling age within each state is affected by various factors such as game selected and licensor. By this, we mean state-regulated online gambling options require domestic players, whether residents or visitors, to abide by the state's minimum gambling age for that form of gambling on land within the state's borders.

However, licensed offshore online platforms which offer casino games, poker, and sports betting can lawfully accept players who are at least 18 years of age or older. These licensed offshore online sites also offer players much more in the way of bonuses and perks and the platforms we recommend are all extremely reputable.

U.S. States Where You Can Legally Gamble At 18 And Up

Below you can learn more about the minimum legal online gambling age by state in the USA.

AL Offshore Yes:18IL Offshore Yes:18NE Offshore Yes:18SD Offshore Yes:18
AK Offshore Yes:18IN Offshore Yes:18NV Offshore Yes:18SC Offshore Yes:18
AZ Offshore Yes:18KS Offshore Yes:18NH Offshore Yes:18TN Offshore Yes:18
AR Offshore Yes:18KY Offshore Yes:18NJ Offshore NoTX Offshore Yes:18
CA Offshore Yes:18LA Offshore Yes:18NM Offshore Yes:18UT Offshore Yes:18
CO Offshore Yes:18ME Offshore Yes:18NY Offshore Yes:18VT Offshore Yes:18
CT Offshore NoMD Offshore Yes:18ND Offshore Yes:18VA Offshore Yes:18
DE Offshore Yes:18MA Offshore Yes:18NC Offshore Yes:18WA Offshore No
FL Offshore Yes:18MI Offshore Yes:18OH Offshore Yes:18WV Offshore Yes:18
GA Offshore Yes:18MN Offshore Yes:18OK Offshore Yes:18WI Offshore Yes:18
HI Offshore Yes:18MS Offshore Yes:18OR Offshore Yes:18WY Offshore Yes:18
ID Offshore Yes:18MO Offshore Yes:18PA Offshore Yes:18
IA Offshore Yes:18MT Offshore Yes:18RI Offshore Yes:18

Online Gambling Laws in The United States

Gambling laws can be a rather complex topic these days as there are several US federal gambling laws to account for such as the UIGEA, and the Federal Wire Act, as well as, several individual state gambling laws. The reason for this is because the United States DOJ has said that states have the authority to determine their own destiny concerning both land-based and online gambling.

Afterward, several states moved forward with legalizing some forms of online gambling for their region. Multiple other states are currently in discussions amongst themselves regarding the possibility of embracing this virtual gaming platform in their own territories. As discussed earlier and from what can be read from our laws page, US players outside of WA and CT are permitted access to multiple licensed, certified, and regulated online gambling sites hosted outside of the United States. This is a nice alternative for those players not located in a state with its own regulated form of domestic online gambling.

States With Pending Online Gambling Legislation

US States That Offer Domestic Sportsbooks

US States With Passed Sports Betting Legislation (Pending Launch)

Why Is Gambling Illegal In Most States Created

Every Wednesday and Saturday night at 10:59 p.m. five white balls are selected out of a drum containing 59 white balls, and one red ball is chosen out of a drum containing 35 red balls. The jackpot is won by matching all five white balls in any order and the red Powerball. Tickets cost $2.

After rolling more than 16 consecutive times without a winner, the Powerball jackpot shot up to $587.5 million, the second-largest in U.S. history, and the largest for Powerball, before two winning tickets with the numbers 5, 16, 22, 23, 29 and a Powerball of 6 were announced by the Multi-State Lottery Association, which has run the Powerball game since 1992.

The first winning ticket belonged to the Hill family of Dearborn, Missouri. They have already appeared at a press conference where they were handed an oversized check made out for their share: $293,750,000 (before taxes). Although the chances of any single ticket's winning the jackpot were 1 in 175 million (making it more likely that someone would die from a lightning strike or a bee sting than win), the Hills bought five tickets on the day of the Powerball drawing at the Trex Mart gas station in Dearborn, a town of 500 north of Kansas City. 'Tickets sold at a rate of 130,000 a minute nationwide — about six times the volume from a week ago. That pushed the jackpot even higher,' said Chuck Strutt, executive director of the Multi-State Lottery Association.

The other winning ticket was sold at a 4 Sons Food Store in Fountain Hills, a suburb of Phoenix, Arizona. The winner has come forward, but as of this writing his name has not been released.

About the same time the Powerball frenzy was taking place, the peaceful and voluntary actions of Americans who prefer another gambling medium were ended — thanks to the hypocritical and oppressive actions of the U.S. government.

The U.S. Commodity Futures Trading Commission (CFTC) filed a civil complaint in federal district court in Washington, D.C., on November 26 seeking an injunction against Intrade, a prediction market for non-sports-related events. Intrade is an exchange market that allows its customers to make predications (by buying and selling shares) on the yes or no outcome of real-world events: candidate x to win an election, actor x to win an Academy Award, contestant x to win on American Idol.

According to a CFTC press release, the complaint charges Intrade 'with offering commodity option contracts to U.S. customers for trading, as well as soliciting, accepting, and confirming the execution of orders from U.S. customers, all in violation of the CFTC's ban on off-exchange options trading.'

Why is gambling illegal in most states created

Said David Meister, the Director of the CFTC's Division of Enforcement,

It is against the law to solicit U.S. persons to buy and sell commodity options, even if they are called 'prediction' contracts, unless they are listed for trading and traded on a CFTC-registered exchange or unless legally exempt. The requirement for on-exchange trading is important for a number of reasons, including that it enables the CFTC to police market activity and protect market integrity. Today's action should make it clear that we will intervene in the 'prediction' markets, wherever they may be based, when their U.S. activities violate the Commodity Exchange Act or the CFTC's regulations.

In its continuing litigation the CFTC seeks civil monetary penalties, disgorgement of ill-gotten gains, and permanent injunctions against further violations of federal commodities law, as charged, among other relief.

This is the same government agency that earlier this year rejected an application by the North American Derivatives Exchange to operate a market for contracts relating to the U.S. elections. The commission argued that political event contracts constitute 'gaming' that is 'contrary to the public interest.'

Because of the CFTC complaint, Intrade issued this statement to its U.S. customers: 'We are sorry to announce that due to legal and regulatory pressures, Intrade can no longer allow US residents to participate in our real-money prediction markets. Unfortunately this means that all US residents must begin the process of closing down their Intrade accounts.'

With lotteries in more than 40 states and the District of Columbia, one would think that customers of Intrade would have no trouble finding another gambling option. But aside from state lotteries, Americans' gambling options are somewhat limited unless they live near, or are willing to travel to, Las Vegas, Atlantic City, or the Mississippi River. True, some states have casinos run by Indian tribes, some have horse or dog racing that one can wager on, and some have legalized slot machines or poker rooms in selected areas, but Nevada is the only state that has legalized casino-style gambling statewide.

All forms of gambling that have been legalized throughout the United States have one thing in common: they all exist only with government permission. It is the state governments that license and regulate casinos, pari-mutuel wagering, slot machines, and poker rooms. It is the state governments that maintain a monopoly on lotteries. In most areas of the country, private, unlicensed gambling is simply illegal.

For example, in my state of Florida: 'Whoever plays or engages in any game at cards, keno, roulette, faro or other game of chance, at any place, by any device whatever, for money or other thing of value, shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083' [s. 849.08]. An exception is made for a penny-ante game 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' [s. 849.085, 2, a].

And no one in Florida had better try to compete with the Florida Lottery, for it is unlawful in Florida to set up a lottery; dispose of property by a lottery; conduct any lottery drawing; assist in conducting a lottery; attempt to operate, conduct, or advertise a lottery; possess any lottery implement; sell or offer for sale any lottery ticket; possess any lottery ticket; assist in the sale of a lottery ticket; possess any lottery advertisement; or possess any 'papers, records, instruments, or paraphernalia designed for use, either directly or indirectly, in, or in connection with, the violation of the laws of this state prohibiting lotteries' [s. 849.09, 1, a-k].

States

But why is that the case in Florida and elsewhere? Why are the peaceful, voluntary actions of consenting adults prohibited? Why is gambling illegal?

We are told by opponents of legalized gambling that gambling is psychologically addictive, that it leads to financial ruin, that it leads to compulsive gambling, that it harms families, that it leads to criminal activity to support one's gambling habit, and that it increases crime in areas where gambling venues are located. Religious people add that gambling is immoral, that it is a vice, or that is it a sin. Even economists weigh in on the subject, telling us how great the odds are against winning the lottery and that gambling is a type of regressive tax that hurts low-income people. Every time someone wins a substantial lottery jackpot, there are news stories about how bad it is to win such a large sum of money.

Those things may all be true, but none of them can legitimately be said to be a reason for gambling to be illegal.

Forty-three states and the District of Columbia have state-run lotteries. Forty-seven states allow charitable gambling such as bingo. Thirty-nine states permit pari-mutuel wagering. Nineteen states have legalized commercial casinos. Thirty states have Indian casinos. Only the states of Hawaii and Utah forbid all forms of gambling.

If gambling should be proscribed by governments because it is harmful, ruinous, crime-fostering, or immoral, then governments — to be consistent — should outlaw all forms of gambling and certainly not be running lotteries. How can the 48 states that allow certain forms of gambling justify any of their laws that make other forms of gambling a criminal activity?

The real reasons so many forms of gambling are illegal in so many states are that governments are grossly hypocritical and arbitrary when it comes to their gambling laws and governments see themselves as nanny states with their citizens as children who need to be protected from vice and their own stupidity.

Why is gambling illegal in most states created

Said David Meister, the Director of the CFTC's Division of Enforcement,

It is against the law to solicit U.S. persons to buy and sell commodity options, even if they are called 'prediction' contracts, unless they are listed for trading and traded on a CFTC-registered exchange or unless legally exempt. The requirement for on-exchange trading is important for a number of reasons, including that it enables the CFTC to police market activity and protect market integrity. Today's action should make it clear that we will intervene in the 'prediction' markets, wherever they may be based, when their U.S. activities violate the Commodity Exchange Act or the CFTC's regulations.

In its continuing litigation the CFTC seeks civil monetary penalties, disgorgement of ill-gotten gains, and permanent injunctions against further violations of federal commodities law, as charged, among other relief.

This is the same government agency that earlier this year rejected an application by the North American Derivatives Exchange to operate a market for contracts relating to the U.S. elections. The commission argued that political event contracts constitute 'gaming' that is 'contrary to the public interest.'

Because of the CFTC complaint, Intrade issued this statement to its U.S. customers: 'We are sorry to announce that due to legal and regulatory pressures, Intrade can no longer allow US residents to participate in our real-money prediction markets. Unfortunately this means that all US residents must begin the process of closing down their Intrade accounts.'

With lotteries in more than 40 states and the District of Columbia, one would think that customers of Intrade would have no trouble finding another gambling option. But aside from state lotteries, Americans' gambling options are somewhat limited unless they live near, or are willing to travel to, Las Vegas, Atlantic City, or the Mississippi River. True, some states have casinos run by Indian tribes, some have horse or dog racing that one can wager on, and some have legalized slot machines or poker rooms in selected areas, but Nevada is the only state that has legalized casino-style gambling statewide.

All forms of gambling that have been legalized throughout the United States have one thing in common: they all exist only with government permission. It is the state governments that license and regulate casinos, pari-mutuel wagering, slot machines, and poker rooms. It is the state governments that maintain a monopoly on lotteries. In most areas of the country, private, unlicensed gambling is simply illegal.

For example, in my state of Florida: 'Whoever plays or engages in any game at cards, keno, roulette, faro or other game of chance, at any place, by any device whatever, for money or other thing of value, shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083' [s. 849.08]. An exception is made for a penny-ante game 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' [s. 849.085, 2, a].

And no one in Florida had better try to compete with the Florida Lottery, for it is unlawful in Florida to set up a lottery; dispose of property by a lottery; conduct any lottery drawing; assist in conducting a lottery; attempt to operate, conduct, or advertise a lottery; possess any lottery implement; sell or offer for sale any lottery ticket; possess any lottery ticket; assist in the sale of a lottery ticket; possess any lottery advertisement; or possess any 'papers, records, instruments, or paraphernalia designed for use, either directly or indirectly, in, or in connection with, the violation of the laws of this state prohibiting lotteries' [s. 849.09, 1, a-k].

But why is that the case in Florida and elsewhere? Why are the peaceful, voluntary actions of consenting adults prohibited? Why is gambling illegal?

We are told by opponents of legalized gambling that gambling is psychologically addictive, that it leads to financial ruin, that it leads to compulsive gambling, that it harms families, that it leads to criminal activity to support one's gambling habit, and that it increases crime in areas where gambling venues are located. Religious people add that gambling is immoral, that it is a vice, or that is it a sin. Even economists weigh in on the subject, telling us how great the odds are against winning the lottery and that gambling is a type of regressive tax that hurts low-income people. Every time someone wins a substantial lottery jackpot, there are news stories about how bad it is to win such a large sum of money.

Those things may all be true, but none of them can legitimately be said to be a reason for gambling to be illegal.

Forty-three states and the District of Columbia have state-run lotteries. Forty-seven states allow charitable gambling such as bingo. Thirty-nine states permit pari-mutuel wagering. Nineteen states have legalized commercial casinos. Thirty states have Indian casinos. Only the states of Hawaii and Utah forbid all forms of gambling.

If gambling should be proscribed by governments because it is harmful, ruinous, crime-fostering, or immoral, then governments — to be consistent — should outlaw all forms of gambling and certainly not be running lotteries. How can the 48 states that allow certain forms of gambling justify any of their laws that make other forms of gambling a criminal activity?

The real reasons so many forms of gambling are illegal in so many states are that governments are grossly hypocritical and arbitrary when it comes to their gambling laws and governments see themselves as nanny states with their citizens as children who need to be protected from vice and their own stupidity.

In a genuinely free society (as opposed to a relatively free one), people have the freedom to make any wager or bet any amount of money they choose on sporting events, horse races, casino gambling, pari-mutuel wagering, lotteries, prediction markets, private poker games, or any other gambling activity.

That does not mean that gambling is good or that it has no negative consequences. There is a distinction between favoring a thing and favoring the legalization of a thing. It is perfectly consistent for someone to disdain some or all forms of gambling and yet fully support the legalization of all gambling enterprises and activities. The issue is one of freedom, not preference.

It goes without saying that there should be no federal or state laws that relate to gambling in any way. Not because the gambling industry provides people with jobs or the states with revenue, but for the simple reason that there should be no federal or state laws prohibiting any voluntary activity between consenting adults.

Category: Regulation Policy & Welfare




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