I'm sure there are jurisdictional issues involved here, but the biggest variable is "enforcement". Regardless of legality, do you live in an area where law enforcement takes an unhealthy interest in private gambling? Or do you live in a place where the cops have bigger fish to fry than a few hundred bucks being shuffled around at a poker table in someone's den? If the latter is the case, why sweat it?
My personal take on the pure legal issue? If you are not wagering within the walls of a licensed gaming establishment operating in a state which legally allows such activity, you are gambling outside the law. The question then reverts back to, do you (or the law) care?
I can tell you that down here in the Tennessee hills, if money changes hands over a game of chance, whether it be dice, cards, numbers, fighting ****s, football games, whatever...it's a "crime". There aren't any stipulations which would allow it. I can also tell you that very few of us give a s**t.