Legal Poker New York
Posted : admin On 3/27/2022The law in New York relating to gambling is summed up pretty briefly in New York General Obligations, Title 4, Section 5-401 (1): “Illegal wagers, bets, and stakes: All wagers, bets or stakes, made to depend on any race, or upon any gaming by lot or chance, or upon any lot, chance, causality, or unknown or contingent event whatever, shall be unlawful.”
The Upstate New York Gaming and Economic Development Act: Below are the two Chapters that comprise the Upstate New York Gaming and Economic Development Act. Chapter 175 amends Chapter 174. Therefore both must be examined to get the full scope of the law. Chapter 174 of the Laws of 2013. Chapter 175 of the Laws of 2013. Legal New York Online Poker Welcome to the best website on the internet to find information about legal online poker in New York. The mission is plain and simple, let New York residents know where they can play poker on the web, and do it in a manner where they will be safe. Back in 2013, the laws pertaining to online gambling changed and new laws allowed individual states to operate and regulate online gambling sites. New York is still working out the details, but in 2020, you can expect NY online poker to become available.
Legal New York Poker Sites
So this is pretty broad, and would exclude pretty much any wager, but does it apply to poker? Well that has been the big question, and some have argued that if poker is a game of skill, then it may not.
In a famous case, United States v. DiChristina, Lawrence DiChristina had been found guilty of running an illegal gambling operation by hosting a poker game in a warehouse in Staten Island and collecting a rake for running it. The conviction then became overturned on appeal, where the judge ruled that existing law does not apply to poker because he found that poker is a game of skill and not chance.
This decision later was overturned on further appeal (2). The court in its ruling did not disagree that poker was not a game of chance but of skill, and restored the conviction for other reasons, but in order to be classified as illegal gambling the law only requires that the outcomes be “made to depend upon chance.”
So it depends on how outcome is to be defined, and while long term outcomes may depend upon skill, the outcomes of the bets themselves are certainly dependent upon chance. So the upholding of the conviction seems correct but for different reasons than the finding. However, since the U.S. Supreme Court refused to hear this case, the ruling currently stands, and poker is considered to be illegal gambling by the courts.
New York’s Proposed Online Poker Bill
There is a bill currently in the works to regulate online poker in the State of New York, which basically seeks to exclude poker from the existing gambling laws mentioned above, and does so primarily as explicitly defining it as a game of skill (3). An identical bill has also been introduced in the State Assembly.
In spite of the somewhat disappointing level of success in existing regulated poker markets in the U.S., including neighboring New Jersey, there still exists a will to get this show started at some point in the near future. New Jersey in particular getting the jump on New York is a particularly sore spot, as much of the casino traffic in New Jersey comes from New York.
Even so, the focus in New York seems to be more on the brick and mortar casino side of things, and while there is interest in getting an online poker bill passed eventually, there does not currently seem to be any sense of urgency, and it could be a couple of years or even longer before we see anything passed.
Live Poker In New York
There are a total of 8 Class III Indian casinos in the state of New York (4), some of which offer live poker. These casinos are chartered by the state but operate outside the normal framework of state law concerning gambling.
The Seneca Niagara Casino in Niagara Falls, NY, Seneca Gaming and Entertainment Irving, in Irving, NY, and the Turning Stone Resort and Casino in Verona, NY, all offer live real money poker.
The New York scene has always been rife with underground poker games, particularly in the New York City area, although as is the case with underground poker games, you have to be in the know in order to gain entry, and law enforcement officials are more than willing to close these games down.
There are plans underway to build as many as seven non Indian casinos in the upstate New York area, as a result of a constitutional amendment passed by state voters in the November 2013 election (5). Whether or not any of these new casinos will offer poker as well remains to be seen.
Online Poker In New York
Given the state of the existing law in the state of New York, and in particular due to the fact that the Black Friday convictions originated in the state, the online poker rooms that are left in the market have for the most part steered well clear of this state.
Among the U.S.-facing poker rooms, both Ignition Poker and Americas Cardroom serve New York residents today. Both sites have top-notch software, as well as bonuses up to $1,000 for new players that sign up and register an account today.
Deciding whether to play online or not really comes down to worrying about the practicality of the matter, and regardless of whether existing law makes online gambling illegal or not, the focus has always been on the operators, and the authorities are not going after online players, so online players in New York continue to play on at this time with no real reason to be concerned.
My Top-Rated Poker Site for New Yorkers:
References:
(1) New York General Obligations, Title 4, Section 5-401, Illegal Wagers, Bets, and Stakes
(2) Federal Appeals Court Reverses the DiChristina Verdict
(3) New York State Senate Bill 6913
(4) Indian Gaming in New York
(5) Expansion of Gambling in New York Is Approved
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New York currently provides a range of legal gambling opportunities, including various tribal casinos (several that also offer poker), poker rooms, bingo, lottery games, pari-mutuel betting and charitable gambling events. In essence, New York is a gambling friendly destination and is considered to be progressive on this issue. There are numerous options for legally playing poker at any of the tribal casinos that operate within the state. Should New York players exhaust their options within the state, they can always make a quick jaunt over to Atlantic City for additional options.
Is it legal to play online poker in New York?
The answer to this question will depend on where you plan on playing your games. If you are seeking some type of state regulated online poker option, then you are a little too early in that search. While we believe that NY will be one of the next states to legalize online poker, with several attempts having already come forward, at the time of this writing there is not any option for playing state regulated poker online. Should you be approached by an online poker site that is operating within the state, then they are an illegal gambling business and you should steer clear of them.
However, there are no state or federal laws that prohibit NY residents and visitors from engaging in legally licensed and regulated online poker games that are based outside of the United States. The poker sites listed on this page fall into this category. If you restrict your online poker entertainment to these types of legally sanctioned gambling sites, then you are not breaking any type of state or federal laws.
Is New York going to regulate online poker anytime soon?
That is impossible to say with any surety. Due to the complex nature of the state's current casino gambling expansions taking place, the issue of online poker has been tabled for now. However there is enough interest among law makers and residents to keep the fight alive. Most industry professionals consider the state to be poised for the addition of state regulated online poker gambling, it's just a matter of when. We will keep this site updated with the latest information concerning the state's efforts to bring online poker forward.
What is the legal gambling age to play poker in New York State?
In the state of New York, players must be at least 21 years of age to play poker or to gamble at any of the Indian tribal casinos. Players that are at least 18 years of age may participate in bingo, lottery and pari-mutuel betting. There are no state regulated online gambling options within the state, hence there is no established minimum age for engaging in online gambling. In a case like this, players must refer to the legal minimum age established for land based gambling, meaning that NY players must be 21 to enjoy licensed online poker gambling without violating any state laws.
Will I get into trouble if I participate in online poker while I'm in New York?
Is Ignition Poker Legal In New York
Though the state does not offer any type of state regulated online poker gambling opportunities at this time, they also do not have any laws in place prohibiting residents from engaging in online poker as long as the site is legally licensed and regulated and located outside of the USA. The state of New York has never made any attempts to penalize, investigate, arrest or prosecute anyone for enjoying online gambling, including online poker. They are more interested in making sure that illegal gambling sites do not emerge within the state, and hence that is where their focus lies. As long as your follow accepted practices for engaging in legal online poker, you will not be breaking any laws or risk getting into trouble.
New York has significantly contributed to the intrigue and history of poker culture in the United States. There was a thriving poker underworld present in NY long before regulated poker emerged. This environment was the inspiration for the movie Rounders, and also fostered some infamous moments, such as crime boss and notorious gambler Arnold Rothstein being gunned down during a game of poker at one of the state's posh hotels. New York's prestigious card clubs have turned out some respected professional poker players, including Erik Seidel and Dan Harrington.