Find The US States That Have Legal Gambling November 26, 2017 Posted in USA Online Gambling News, Wyoming by Donald Sloto. No Comments There is some form of gaming all over the world.
- Casino Gambling: Not Legal
- Tribal Gambling: Legal
- Poker: Not Legal
- Horse Racing Betting: Legal
- Dog Racing Betting: Legal
- Lottery: Legal(State-Owned)
- Daily Fantasy Sports: Not Legal
- Charitable Gaming: Legal(Only in approved formats)
- Social Gambling: Not Legal
- Online Gambling: Not Specified(Players can use unregulated sites without fear of penalty)
The information in the box below provides a comprehensive overview of Idaho’s complex gambling laws.
Despite its placement in the northern reaches of the U.S., Idaho’s gambling laws are more closely aligned with those of the “Wild West.”
That is to say, gambling is largely outlawed there today, despite Idaho’s longstanding history as a territory friendly to card sharps and players traveling the frontier. Even so, a slow but steady easing of those strict laws has seen Idaho gradually step into the 20th century – if not the 21st.
Residents and visitors in Idaho can purchase lottery tickets at the local convenience store, place pari-mutuel wagers on horse races, and even head to a tribal casino for some bingo. These tribal casinos even spread slot-machine styled video gaming terminals – much to the consternation of a few hard-line lawmakers – giving Idahoans a full complement of gambling options to choose from.
With that said, traditional casino table games like blackjack, baccarat, roulette, and craps are all banned by state law, so you won’t be doubling down or hitting a hard eight here anytime soon.
Idaho is also one of the only states to expressly prohibit poker, and predictably, online gambling options are nonexistent outside of the usual unregulated channels.
Overall, the status of Idaho’s gambling law is akin to a patchwork quilt, with new sections being stitched on, or removed altogether, as the years go by. While not a gambling-friendly locale by any means, Idaho’s previous resistance to all forms of action has waned recently, moving the state closer to the center in that regard.
- Age Requirements: 18 (for all types)
- Approximate Annual Gambling Revenue: N/A
- Approximate Annual Gambling Taxes: N/A
- Number of Commercial Casinos: 0
- Number of Racinos: 8
- Number of Tribal Casinos: 7
- Casino Regulatory Body: State Legislature
- Racing Regulatory Body: Idaho Racing Commission
- Lottery National Rankings: N/A
Transition to Legal Status of Gambling
After becoming the 43rd state admitted to the Union in 1890, its original state Constitution made Idaho’s gambling quite clear:
“The legislature shall not authorize any lottery or gift enterprise under any pretense or for any purpose whatever.”
That short and stern passage left little room for legal interpretation, but by the 1930s slot machines had made their way to the outskirts of locales like Garden City, Idaho Falls, and Pocatello. The fact that these machines were neither “lottery” nor “gift enterprise” put them in the proverbial grey-zone, legally speaking, and for nearly two decades Idahoans could take their shot at the one-armed bandits.
In 1947, a state statute was passed to expressly legalize slot machines, and for a few years, Idaho was home to a thriving industry of saloons and slot parlors.
By 1953, however, slot machines were declared to be unconstitutional by the Idaho Supreme Court, under the provisions of section 18-3804 of the Idaho Code. Slot machine owners were hounded down, their equipment destroyed by burning or, if they were fortunate, sold off to casino interests in Nevada.
In 1963 pari-mutuel horse racing was authorized by section 54-2501, which created the Idaho State Racing Commission. The state’s first Horse Racing Act had been approved by the legislature six years earlier, but it was shot down via veto from the Governor. The 1963 passage was the first legislative override of a Governor’s veto in over 20 years.
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The ponies have been in action ever since and today Idaho is home to eight racetrack facilities.
In November of 1988, voters approved a bill authorizing the creation of the Idaho Lottery, which officially launched in July of the following year. As a member of the Multi-State Lottery Association, the Idaho Lottery offers popular nationwide games like Powerball, Mega Millions, and Lucky for Life, alongside several regional variants like Bingo and Weekly Grand.
In total, 50 percent of the program’s net ticket take is distributed to Idaho’s public school systems, while the rest goes to the state’s Permanent Building Fund to support university and college infrastructure. To date, the Idaho Lottery’s official website lists more than $785 million as being “returned to Idaho” since 1989.
Idaho’s primary mode of gambling is the lottery program, which sells tickets, scratch cards (called “pull tabs” there), and other products at convenience stores, gas stations, bowling alleys, and a variety of other locations throughout the state.
The same year Idaho voters approved a state lottery saw the Congress in Washington D.C. pass the Indian Gaming Regulatory Act (IGRA) of 1988. This sweeping reform to the nation’s gambling laws permitted any federally recognized tribal organization to forge gaming compacts with the states in which their lands are physically located.
Several tribes, including the Coeur d’Alene, the Kootenai, and the Nez Perce, entered into negotiations with Idaho’s state government in 1992, seeking to construct casino facilities where Class III gaming would be held.
Under IGRA, Class I and II games were defined as charity drawings and raffles, bingo, pull tabs, and other “social” forms of gambling. The act categorized casino-style games, such as blackjack, craps, and roulette, as Class III offerings.
Recognizing that IGRA held the potential to turn Idaho into thriving casino gambling market, one which would stand in opposition to long-held state laws, lawmakers went to work in blocking the tribe’s access to Class III games. The state constitution was amended in 1992, under Idaho Const. Art. III § 20(1)-(3), to limit Idaho’s legal gambling options to the state lottery program, pari-mutuel racing, and bingo / raffle games for charitable purposes.
Crucially, this amendment included the following language explicitly banning the casino games which comprise the Class III gaming category:
“No activities permitted by subsection (1) shall employ any form of casino gambling including, but not limited to, blackjack, craps, roulette, poker, baccarat, keno and slot machines, or employ any electronic or electromechanical imitation or simulation of any form of casino gambling.”
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The Coeur d’Alene Casino and Hotel opened in 1993, offering a simple bingo hall to comply with the amendment. Other tribal casinos followed throughout the state, proving to be quite popular despite the lack of Class III games.
By 2002, however, the demand for conventional casino-style gaming had grown to the point that Initiative 1, the Idaho State-Tribal Gambling Compact Initiative, was placed on the ballot. If approved by voters, the bill would amend Idaho state law to allow tribal casinos to spread video gaming machines, which were defined as follows:
“Gaming machines used by Indian tribes which are not activated by a handle or lever, do not dispense coins, currency, tokens or chips, and which perform only certain defined functions, and defining such machines as neither slot machines nor imitations or simulations of any form of casino gaming.”
The ballot initiative was a compromise of sorts, allowing tribes in Idaho – and gamblers as well – to participate in gaming that closely resembled slot machines, while not actually breaching the law. Voters overwhelmingly supported the measure, and it passed with 57.8 percent of the vote, paving the way for a new era of tribal gaming in Idaho.
Today, despite a growing movement to rescind the 2002 law, tribal casinos in Idaho is home to thousands of video gaming machines that look and feel just like slots.
In 2011, the horse racing laws were amended to allow simulcasting of races at locations other than the actual race venue, expanding Idaho’s legal race betting industry through the introduction of eight such licenses.
Punters are free to bet on live races or historical races per the 2013 voter-approved referendum HB-220.
In 2013, lawmakers also approved highly controversial “instant racing” machines, which offer automated betting on race-like wagers using equipment and layouts that closely resemble slot machines. Prior races were recorded and presented to players with no identifying information, with the experience accompanied by bells, whistles, lights, and other accouterments common to slot game play.
The instant racing machine law was quickly repealed just two years later, with legislators claiming they had been “duped” by industry lobbyists into legalizing a loophole to the state’s slot machine ban.
In 2017, the Idaho racing industry launched a last-ditch effort to overturn the 2015 repeal, but little progress has been made on that front as of late April.
Where Can I Gamble in Idaho?
Online Gambling Options in Idaho?
States Where Slot Machines Are Legal Aid
Like so many other states, Idaho suffers from a distinct problem when it comes to its online gambling laws. Namely, there aren’t any on the books.
Most of the foundational laws underpinning Idaho’s gambling industry – the 1890 constitution, the 1988 lottery act, and 1992’s constitutional amendment banning Class III gaming – were written well before the concept of online casinos or poker rooms were ever envisioned.
Complicating matters further is the federal law known as the Unlawful Internet Gambling Enforcement Act (UIGEA) of 2006, which prohibits a business from engaging in transactions related to online gambling. Before the UIGEA was passed, online casinos and poker rooms operated in all 50 states, serving customers as unregulated entities. After 2006, most of the major sites fled the US market, and “Black Friday” in 2011 effectively shuttered the online poker industry in America.
States Where Slot Machines Are Legal Free
And while a few progressively-minded state governments (Nevada, New Jersey, and Delaware) have kept pace with technological advancement by regulating legal online gambling industries, progressive policy has never really been Idaho’s calling card.
Today, the state has no laws specifically addressing online casinos or poker rooms (see the DFS section later on for that segment of the online gambling market). As such, many resources found online will tell readers that the lack of legal language effectively puts Idahoans in legal limbo, allowing them to access unregulated sites at their leisure – and risk.
And sure enough, somebody sitting on their computer in Boise right now can easily find a few US-facing online casinos or poker rooms willing to let them play for real money. That’s true in every state – the three iGaming-approved jurisdictions mentioned above aside – so Idaho’s online gambling legality debate isn’t all that unusual.
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Unfortunately, a provision found within Art. III § 20(1)-(3) of the Idaho constitution, which was amended in 1992, includes the following passage (emphasis added):
“No activities permitted by subsection (1) shall employ any form of casino gambling including, but not limited to, blackjack, craps, roulette, poker, baccarat, keno and slot machines, or employ any electronic or electromechanical imitation or simulation of any form of casino gambling.”
This language obviously doesn’t refer to the internet as we know it today, given the era in which it was written. Even so, many legal experts who specialize in iGaming issues believe that online gambling could very well be interpreted as “electronic or electromechanical imitation or simulation” of casino games.
And unlike most states which don’t adequately address online gambling, Idaho actually makes playing a banned game a misdemeanor under the state penal code. That means an online blackjack fan in Idaho could, theoretically, be charged with a crime for doubling down via their laptop.
Of course, no such cases have been recorded, and chances are good that they never will be. Unless state lawmakers choose to explicitly ban online gambling, the current “grey zone” status quo will remain in place, leaving players free to make their own choices from the barebones selection of US-facing operators.
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I am not authorized to Practice Law in the State of California: However. many states have an exemption for the possession of residential (non-gaming) display of antique slot machines. The term 'antique' usually means 25 years or older. I have copied the applicable California Penal Code Section:
330.7. (a) It shall be a defense to any prosecution under this
chapter relating to slot machines, as defined in subdivision (d) of
Section 330b, if the defendant shows that the slot machine is an
antique slot machine and was not operated for gambling purposes while
in the defendant's possession. For the purposes of this section, the
term 'antique slot machine' means a slot machine that is over 25
years of age.
(b) Notwithstanding Section 335a, whenever the defense provided by
subdivision (a) is offered, no slot machine seized from a defendant
shall be destroyed or otherwise altered until after a final court
determination that the defense is not applicable. If the defense is
applicable, the machine shall be returned pursuant to provisions of
law providing for the return of property.
(c) It is the purpose of this section to protect the collection
and restoration of antique slot machines not presently utilized for
gambling purposes because of their aesthetic interest and importance
in California history.