Is online poker legal ... in your jurisdiction?

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carjaw

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I have been going through many articles about online poker being legal or not with reference to the US - and I was wondering what forum members think or know. In the UK under the gambling Act 2005 - online poker is legal but classified as gambling - in the category of a game of skill. But it seems that the situation in the US is very unclear .... :confused:
 
nevadanick

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If you think it is unclear, you should LIVE here. ... :D

A few individual states have legislated that online gambling (including poker) is illegal. You should receive some replies from those who live in those select states.

There is no 'Federal' or national legislation ruling it 'illegal' What they did with their effort was to attack the financial institutions that would be involved in transfering, receiving or providing any of the actual monies involved.

See ... https://www.cardschat.com/forum/general-poker-13/new-uigea-regulations-what-you-can-133523/
 
Dorkus Malorkus

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It's legal to play online poker anywhere in the US except Washington state and maybe Kentucky, I think. I don't recall any instances of anyone being arrested in either for playing online poker (or indeed "internet gambling") though.

It's illegal under the UIGEA for banks or payment processors to transfer money from US citizens to online 'gambling' service providers, which is why some payment processors such as neteller closed their doors to US residents a while back.
 
dropdead1

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They are trying the same thing here is South Africa at the moment. But it will not be illegal, the government just wants the gambling sites to obtain licences from them. I guess that they have cottoned onto the fact that they are missing out on zillions that they can add to the gravy train. And all this legal action going down while we are locked away in our fortresses over here! So sick.
 
nevadanick

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joesta said:
So how do US players get money onto poker sites can u use paypal or others like it?
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No, Paypal is not an option. Their Terms of Service prohibit use of Paypal for funding or receiving funds from gaming opereators. Most credit cards do not work. Some sites, the All Access visa works. Most you can also use direct deposit through your bank account or send in a money order.

Check each site's FAQ. They want your money - they will tell you what you need to do and what their options are.

dropdead1 said:
They are trying the same thing here is South Africa at the moment. But it will not be illegal, the government just wants the gambling sites to obtain licences from them. I guess that they have cottoned onto the fact that they are missing out on zillions that they can add to the gravy train. And all this legal action going down while we are locked away in our fortresses over here! So sick.
Click to expand...

It will be a long time, if ever, before offshore gaming sites make any effort to obtain licensing from 100's of countries around the world.
 
GDRileyx

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I live in the USA. I have not tried to deposit, just to build a bankroll from freeroll winnings. But several of my friends have said that they used their debit cards to make deposits, no problem. Not their credit cards, their debit cards.
 
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angelaus

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I live in Turkey and it is forbidden to play online poker. I dont understand why someone tells me what I can do or cannot do with my money!!
 
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justadream82

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Best Post Ever regarding this....
Poker in the Us in not illegal nor is it a federal crime.

There you go....check the links. Thanks for clearing this up and providing links. Even though it's the internets it is important information.

nevadanick said:
If you think it is unclear, you should LIVE here. ... :D

A few individual states have legislated that online gambling (including poker) is illegal. You should receive some replies from those who live in those select states.

There is no 'Federal' or national legislation ruling it 'illegal' What they did with their effort was to attack the financial institutions that would be involved in transfering, receiving or providing any of the actual monies involved.

See ... https://www.cardschat.com/forum/general-poker-13/new-uigea-regulations-what-you-can-133523/
Click to expand...
 
aLoser4evR

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If the US government would get their heads out of their a's. They'd legalize it in all 50 states have all names of the poker sites listed for visa to report paybacks sent and who received it. That way they can do their normal simply tax whatever % our dumb government feels they deserve for doing nothing.

That's simple work like normal for them. Take from those who earn to give to the lazy who don't.
 
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leavem

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Currently in canada it is legal. But I feel for those is the US. Some states can play, some can't.
 
stellerteller

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I have heard the online Poker is illegal in Montana. Although, I can walk up to the local gas station and play a stupid slot machine where supposedly I could win $800.. ... Or I could just go to the Eagles club and play live so what the heck is the difference. I think slot machines or the lottery is the most conniving inventions to date. They don't care if you do that but don't you dare play poker on line. Come on, let's be real.:mad:
 
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I live in Georgia and it's not legal in my state. In fact we can't even sign up for a simple site such as spadeclub poker which is a no harm no foul site just for $20 a month. That's like saying i can't get a magazine subscription or something. It's crazy.
 
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gra605

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There seem to be fewer restrictions for Australian players, but several sites do preclude us from playing cash games (or even freerolls !!!!) referring to some obscure legislation.
Never heard of any legal action against on-line players.
 
Team_Ramrod

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There are SEVERAL ways to transfer funds into online poker accounts, from money orders and bankwires to calling cards and paypal.
 
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mentiallychallenged

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i live in ky,which just passed a law that made it illegal,ive played for a few years on PS mostly for fun an entertainment,micro limits mostly,soooo how would they catch you if your not making big withdrawls,an will the sites kick me off in time?
 
dropdead1

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nevadanick said:
It will be a long time, if ever, before offshore gaming sites make any effort to obtain licensing from 100's of countries around the world.
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Yeah, we are not too concerned with it. I mean its illegal here to drive while talking on a mobile phone and I am yet to hear of someone being caught doing so - just an indication of how slack things are here although I guess if online gambling was ever declared illegal here, our government would probably throw trillions behind the force to ensure that no-one is withholding money from the state coffers!

This is what can be found at the bottom of the home page on our local gaming site, Piggs Peak:
"There is currently an application pending in the High Court in Pretoria regarding the legality of online gambling activities in South Africa"
 
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carjaw

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so - i thought under the UIGEA - it was illegal for banks / credit cards / financial organisations to process internet gambling transactions - so does that mean that poker is not gambling IN THE EYES OF US LAW - at least according to some of you? This question is not meant to be rude - it is just something I dont understand
 
hipshot55

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carjaw said:
so - i thought under the UIGEA - it was illegal for banks / credit cards / financial organisations to process internet gambling transactions - so does that mean that poker is not gambling IN THE EYES OF US LAW - at least according to some of you? This question is not meant to be rude - it is just something I dont understand
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Neither do a whole lot of us. And, as a matter of fact, neither do the agencies tasked with enforcement, who have yet to clearly define what is or is not illegal, having rather deferred to "existing State, Tribal and Federal regulations. [The famous "pass the buck" maneuver:D ] Completing their "pass the buck" double play, they gave financial institutions until 12/31/09 to comply with UIGEA regulations. :confused:

Oh, and though they define illegal internet gambling as a “bet or wager [that is] unlawful under any applicable Federal or State law in the State or Tribal lands in which the bet or wager is initiated, received, or otherwise made.”, there are built-in exceptions for fantasy sports betting and internet wagers on horse racing.

Completely confused yet?:D

Anywho, if you want to read a decent summary, go here http://www.pokernewsdaily.com/uigea-regulations-approved-678/
 
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BelgoSuisse

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The French situation is a bit comical.

Theoretically the French state has a monopoly over all money games, so that would make online poker playing illegal. But that monopoly itself is illegal according to European laws that supersede the French law in this case.

Practically, players are free to do as they like, but site operators cannot operate from the French territory. Which is fine since they are all in Malta, Gibraltar or the Isle of Man anyway.

The main concern of the French government is actually horse betting and lotteries, not poker. Indeed, horse betting is the major income source for the whole horse racing economy and losing the PMU's monopoly on it would jeopardize it. And lotteries is a major tax resource.

All this is of course presented by the government as a noble fight against problem gambling, which is pretty ridiculous considering the monopolistic lottery offers some of the most addictive games ever invented and even has automatic lottery ticket dispensers in public spaces which of course make age verification a little problematic.
 
hipshot55

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BelgoSuisse said:
The French situation is a bit comical.

Theoretically the French state has a monopoly over all money games, so that would make online poker playing illegal. But that monopoly itself is illegal according to European laws that supersede the French law in this case.

Practically, players are free to do as they like, but site operators cannot operate from the French territory. Which is fine since they are all in Malta, Gibraltar or the Isle of Man anyway.

The main concern of the French government is actually horse betting and lotteries, not poker. Indeed, horse betting is the major income source for the whole horse racing economy and losing the PMU's monopoly on it would jeopardize it. And lotteries is a major tax resource.

All this is of course presented by the government as a noble fight against problem gambling, which is pretty ridiculous considering the monopolistic lottery offers some of the most addictive games ever invented and even has automatic lottery ticket dispensers in public spaces which of course make age verification a little problematic.
Click to expand...

Ah yes, parimutuel betting and lotteries. The eternal government cash cows. It's the same over here. Note the built in exceptions in my previous post.:D
 
nevadanick

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carjaw said:
so - i thought under the UIGEA - it was illegal for banks / credit cards / financial organisations to process internet gambling transactions - so does that mean that poker is not gambling IN THE EYES OF US LAW - at least according to some of you? This question is not meant to be rude - it is just something I dont understand
Click to expand...

Not quite. The Feds have not taken up the subject of gambling, and especially not one specific area like just 'poker'. In a very broad sense, US law is supposed to be for the protection and/or benefit of the 'general public' nationwide. Individual subjects are then left to the states to govern their own people in that state, commonly referred to as 'local issues'.

Since Congress apparently does not want to address such an issue that would draw intense fire from the public, they tend to make requirements and laws affecting the things they CAN control and place penalties on - like banks, etc. That way, the public cannot be penalized and was unlikely the public would jump through hoops to defend banks, even though it indirectly affected them too.

Just my opinion, but I would suggest that trying to stop the transfer of money/cash outside the US in obscene proportions to offshore gaming sites was the driving force behind the UIGEA.
 
serendipity

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My case may be of interest to you. I am an American living in Europe. The USA I believe is the only industrialized country in the world that taxes its citizens on money earned abroad. So theoretically, if I report my earnings as required, I would have to pay double tax on my poker winnings, if my total income exceeds my exemption (currently $100,000). Now that is really not that much - less than 70,000€. And remember that is total income (income from work + poker income). So, let's assume that I have a decent middle class job, or I am a capable poker player, or perhaps both. In this case, I will end up paying around 40% on my winnings here in Europe, and then around 35% on whatever is left in the USA!

I recently read an article on how it is becoming much more common for Americans to renounce their citizenship over this silly double taxation that nobody else in the world uses. I imagine that this is mostly wealthy businessmen working abroad, but it could apply to a wealthy poker player too.
 
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OOOOO

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It's totally legal here in the UK & the winnings don't get taxed! The government were even going to build a giant casino in Manchester but they eventually realised it was a bad idea.
 
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