Us Gambling Laws

• Us Laws Online Gambling
• Gambling Laws In Us

Gambling in the United States is a very fluid landscape with more than its share of ebb and flow. The parameters change regularly, and now that state-regulated online gambling is allowed, everyone involved is taking a hard look at the laws and policies governing the various elements of the industry.

3 The Unlawful Internet Gambling Enforcement Act of 2006. The United States is a jurisdiction with a very murky legal landscape when it comes to online gambling. One legislation that had a significant impact on these activities is the Unlawful Internet Gambling Enforcement Act, or UIGEA for short. Today, gambling is legal under US federal law, although there are significant restrictions pertaining to interstate and online gambling. Each state is free to regulate or prohibit the practice within its borders. If state-run lotteries are included, almost every state can be said to allow some form of gambling. Covering 45 years, these United States sports betting laws were each created at a uniquely different time in the evolution of the US Internet gambling industry. And in the future, there will no doubt be new Internet sports gambling laws which originate at the state and federal levels in the United States of America. US Gambling Law Analysis & State Legislation Updates. We research current and new gambling laws to help you make sense of the ever-changing landscape of gambling in America. Independent Reviews & Comparisons of Online Gambling Sites/Apps.

Those opposed to gambling attempt to use the laws to support their position, while those who support responsible gambling work tenaciously to expand our options within compliance of existing US laws. The complexity of the legal status of gambling in the US in all its various forms can make it difficult to follow and understand specifically what is and is not considered legal betting.

Our objective in adding this information to our LegalBettingOnline.com resource guide is to provide valuable data that empowers players to make highly informed decisions regarding what types of gambling entertainment effectively meet their needs and preferences through legally sanctioned betting opportunities. We are not attorneys and are providing this guide for informational purposes only**.

Unlawful Internet Gambling Enforcement Act - UIGEA

This is one of the most misunderstood US gambling laws and is surrounded by layers of misinformation and misconception. Many players believe that this law prohibits USA residents from participating in online gambling. This is not true. In fact, the UIGEA law does not address player activity at all nor place any type of restrictions on players themselves. Instead, this law targets banks and financial institutions that knowingly process any transactions related to online gambling.

Our page explaining the Unlawful Internet Gambling Enforcement Act will provide an accurate and understandable explanation of what this law was created for, what specific aspects of online gambling it governs, and how its implementation affects players in the US.

Professional And Amateur Sports Protection Act – PASPA

Paspa (also known as the Bradley Act) was directed specifically at the sports betting industry and provided regulation concerning US-based sportsbook gambling. It has been the center of controversy in the industry recently, bringing into question the law's range of power and presence. This law essentially makes US-based sports betting illegal in all but 4 states.

However, in May of 2018, through a lawsuit initiated by the state of New Jersey, SCOTUS ruled that PASPA was unconstitutional and the law was struck down. This has dramatically changed the US sports gambling market and has given power back to the states to determine their own will to allow or prohibit sportsbooks from operating within their borders.

Our page explaining the Professional and Amateur Sports Protection Act discusses the law's intentions, reach, and parameters, as well as how state opposition coupled with state-regulated gambling initiatives challenged the law head-on and won.

Of all of the US federal gambling laws, The Federal Wire Act one probably has the most interesting origins of them all. Who doesn't love a 'good guys vs the mob 'story? The Federal Wire Act is also one of the most debated pieces of gambling-related legislation and has sparked a great deal of controversy after the DOJ determined that the law's restrictions do include US-based online gambling. Since that time, the DOJ has issued two contradicting legal opinions in 2011 and 2019 respectively that have each redefined the application of the Wire Act and its associated prohibitions.

2011 DOJ Formal Legal Opinion on Interpretation of the Wire Act

Interestingly enough, the DOJ issued a formal legal opinion in 2011 concerning the reach of the Wire Act, indicating that the law only applies to sports gambling, and does not prohibit other forms of state-based online gambling. This literally opened the door to individual states having the authority to license and regulated domestic online casinos and poker rooms, among other forms of gambling, without violating the Wire Act. Learn more from our page dedicated to explaining the Federal Wire Act and how it impacts legal online sports betting for American players.

2019 DOJ Formal Legal Opinion Again Redefines the Reach of the Wire Act

The DOJ reversed their 2011 DOJ Opinion Memo on the Wire Act in 2019 to reflect a prohibition against all US-based interstate gambling. Casino, lottery, poker, sports betting, and information companies were given a 90 day period to meet new compliance standards or face violating Federal Law. This means servers, data, payment processors, etc. must be located individually within the state the business is operating gambling services in.

The reversal on the DOJ's position on the Wire Act will not dramatically impact those states that have already begun licensing and regulating online gambling within their borders, but it will impact those states that have entered into interstate gambling compacts and already share player pools across state lines. We would not be surprised to see lawsuits against the decision from those states, gambling operators and the software and technology companies providing services in the industry.

In 2014, senators Lindsey Graham of SC and Jason Chaffetz of Utah reintroduced legislation to congress that would restore the wire act. If implemented, RAWA would essentially rewrite and extend the Federal Wire Act of 1961 to make all types of gambling illegal, even if it were already legal on the state level. Marco Rubio of Florida has also recently joined the party and supports RAWA.

Us Laws Online Gambling

What do these 3 senators have in common? They are thought to be in bed with Sheldon Adelson, a multi-billionaire gambling tycoon who operates brick and mortar casinos all over the world. Learn more by reading our page explaining RAWA - Restoration Of Americans Wire Act.

The Interstate Horse Racing Act of 1978, or IHRA, is the law that governs the horse betting industry’s off-track betting locations (OTBs) and interstate betting options in the US. This law, though enacted in 1978, also defines the rules and regulations of simulcast betting on an interstate basis, which was logically extended to domestic online betting with the advent of widespread Internet access in the late 1990s and 2000s.

Though the IHRA makes interstate horse betting legal at the federal level, individual states have the final say as to whether or not they wish to legalize horse racing or offer their residents access to interstate betting. To date, 41 out of 50 US states participate in interstate horseplaying under the auspices of the IHRA, with several other states considering legalizing the industry within their borders.

That said, the Interstate Horse Racing Act does not bar the use of overseas or international racebooks. US residents in most states (excepting WA and CT) can legally use offshore racebooks to bet on the ponies. Best of all, these books offer much greater access to international races, featuring tracks from the US, Canada, Mexico, England, Ireland, the Middle East, Japan, and Australia, among others.

The brick and mortar land-based and floating casinos and poker rooms that are found in various states through the US are all governed by state gambling laws. Each state determines its own laws concerning what type of casino, poker, pari-mutuel, bingo, lottery, and other gambling they will allow within their state borders.

US Federal gambling laws primarily target US-based online gambling and sports betting. The DOJ has determined that each state can also determine their own destiny concerning legal online poker and legal online casino gambling.

It depends on where you are placing your bets. There are no federal laws that prohibit US residents from participating at online casinos, poker sites, bingo sites and legal online sportsbooks that are licensed, regulated and located outside of the United States.

If you restrict your online gambling to these types of legally sanctioned gambling sites, then you will not be breaking the law. We do recommend however that you consider expert input regarding which sites are approved by professionals as providing a safe, high quality and rewarding online gambling experience.

One of the key elements that we examine during our review process is the security profile of each website. We don't provide our approval for gambling websites that simply meet licensing requirements or the lowest industry standards.

We require that a sophisticated security profile is in place that is comparable to world-class financial institutions. We want to see advanced encryption technology, firewall, and antivirus protection and fraud prevention systems, equipped with a technically trained staff to monitor these systems. These are tall requirements, and only those brands which can meet them are considered for inclusion in our guide.

If you limit your gambling entertainment to websites approved by professionals, then you can be certain that the security and level of protection you are looking for is in place. This is a trait of those sites that are legally licensed and subject to genuine regulatory oversight. Those sites operating outside of legal parameters don't typically take the time to invest in this type of security.

Because the vast majority of all US friendly gambling sites are located offshore, they must be located in a jurisdiction that already offers legal online gambling. They must also be regulated by a governing body under strict oversight. We have a detailed article explaining what a gaming commission is and which jurisdictions are the most reputable in the industry.

Additional Gambling Laws By Country

**We do not hold legal degrees or training and provide this information based on personal experience and research, not as experts in interpreting the law. If you seek professional legal advice or services, we recommend you contact an attorney familiar with gambling laws.

Sports betting laws in the United States are changing rapidly. While wagering on sports has long been an American tradition, many folks have been under the impression that the activity is largely against the law. Well, that used to be true; however, on May 14, 2018, the US Supreme Court overturned the Professional and Amateur Sports Protection Act (PASPA, 1992), lifting the ban on states being able to establish their own sports wagering industries. No longer does Nevada (primarily Las Vegas) have a monopoly on legal sports betting in the country and states are finally free to set up their own betting rules and regulations. Many already have.

Despite these positive developments, there are still federal laws on the book regarding sports wagering. The Interstate Wire Act of 1961 and the Unlawful Internet Gambling Enforcement Act (UIGEA) of 2006 both remain in effect. Both are limited in their application to gambling operators physically located within the United States, so bettors are still able to freely gamble despite those laws. As sports betting continues to become a more widely accepted in American culture, these laws will undoubtedly evolve, and they will likely eventually be repealed. Although no American laws prevent you from gambling, it would still benefit you to learn about them. Information is power, after all.

PASPA – The Professional and Amateur Sports Protection Act

PASPA, the Professional and Amateur Sports Protection Act, was passed in 1992 and went into effect on January 1, 1993. This law, since its inception to its ultimate SCOTUS overturn, has long been the sole real hurdle for eager American sports bettors. In practice, PASPA essentially allowed Nevada to have a total monopoly on single-game sports betting (aka full-service sports betting or “Vegas-style” sports betting). Given the overwhelming popularity of sports betting in the US, PASPA was a financial catastrophe. Not only did the law basically bankrupt major casino districts like those in Atlantic City, NJ, and Biloxi, MS, PASPA actually cost the government (both state and federal) an estimated $400-500 billion a year in taxable expenditure. It is not a stretch to suggest that during the law’s existence (1992-2018), PASPA has cost the state hundreds of billions of dollars (if not trillions of dollars) in potential tax revenue. Of all the sports betting laws in the United States throughout its history, PASPA was by far the biggest, most obvious mistake.

During PASPA’s reign, Nevada – the only legal bastion for real sports wagering – was estimated to receive only 1-3% of the total sports betting handle turned by US bettors. The rest of that action was either going underground or being sent to offshore sportsbooks (which, despite PASPA and other US anti-gambling laws, were and are able to operate legally, as they are based overseas and outside of US jurisdiction). Naturally, PASPA has been something of a massive financial boondoggle for the US, and now that the law is overturned, there is hope that much of that action being sent overseas can be recovered and kept in the US economy. As for the lingering effects of PASPA? Good riddance to bad rubbish!

Read Our Article: What Is Papsa?

UIGEA – Unlawful Internet Gambling Enforcement Act

The Unlawful Internet Gambling Enforcement Act of 2006 (UIGEA) was written to deter US financial institutions from processing payments related to Internet gambling. Included in the SAFE Port Act 2006, the UIGEA is a provision that requires banks and other payment processors to monitor designated payment systems such as cards, checks, and bank wires for “restricted transactions”, While the UIGEA will make it more difficult when using your Visa or MasterCard to make a deposit at an online sportsbook, there are certain sites that have higher success rates than others. Like most federal sports betting laws, the UIGEA only applies to businesses and not the individuals placing bets.

While the UIGEA sounds scary and intimidating, it doesn’t actually do much to stop “unlawful Internet gambling”. That’s probably because most of the gambling it actually addresses isn’t unlawful in the first place, given that offshore sportsbooks accessible over the Internet do not constitute illegal bookmakers. The law is further neutered by the advent of Bitcoin and other cryptocurrencies, which allow bettors to fund their accounts and receive payouts without ever going through a banking service on either end. All in all, the UIGEA is the poster child for ineffective legislation to address nonexistent problems. Hopefully, the law will be eradicated in due time, but until then, if you ever have a card declined while trying to fund your sports betting account, simply wait a bit and try again, use a different card (like an Internet Visa prepaid/gift card), or just use Bitcoin or another supported altcoin. Indeed, there is some debate about the origin of Bitcoin itself, with many analysts claiming that the catalysts for its creation were the strict sports betting laws in the United States.

Read Our Article: What Is The UIGEA

RAWA – The Restoration of America’s Wire Act

The Restoration of America’s Wire Act, or RAWA, was designed to strengthen and broaden the Wire Act after the DOJ ruled in 2011 that the law only applied to sports betting. While this received some notable support in the legislature after its initial proposal in 2014 (co-sponsored by Republican Senator Lindsey Graham and Utah representative Jason Chaffetz), the bill gained no support and never advanced.

The necessity for RAWA, in effect, at least temporarily obviated when the DOJ, in 2018, reversed course, stating that the original Wire Act did indeed apply to all common forms of gambling. This, it seems, has deprioritized the issue, albeit a DOJ statement is not nearly as binding as an official law (and, as shown, can be reversed at any time). Lobbyist and casino magnate Sheldon Adelson was the main driving force behind RAWA, as online gambling threatens his land-based casino interests.

The Interstate Wire Act

The Interstate Wire Act (also called the Federal Wire Act, the Interstate Anti-Crime Act, or simply the Wire Act) was a piece of legislation signed into law in 1961 by former president John F. Kennedy at the behest of his brother Robert F., who was the US Attorney General at the time. Sold to the public as a means to stop the proliferation of mafia-related numbers rackets across state borders, the real impetus for the very first of the US sports betting laws was to stop sports gambling and underground lotteries from competing with state-sanctioned lotteries. Naturally, the states could not abide competition in this arena, as their own lotteries provided huge amounts of income to fund their programs and schemes.

The way that the Wire Act seeks to curb unlawful interstate gaming is to make it illegal to use wire communications (hence the law’s name) to accept sports wagers or other kinds of bets over things like telephones and telegraph systems. Indeed, semaphore is even outlawed! Naturally, with the advent of the Internet, this new communications form, traveling over wires, was also covered by the Wire Act, as is wireless wagering in our modern times. In 2011, the US DOJ stated that the Wire Act applied only to sports wagering. However, in 2018, the same US DOJ stated that the Wire Act does in fact apply to other forms of gambling, as well.

Gambling Laws In Us

The only real effect of the Wire Act now, however, is that it prevents residents in one state from picking up the phone or logging onto the Internet to place a sports bet in another state. This is called geo-fencing, and even the casino and sports betting apps in Nevada are bound by GPS to only allow those physically in the state to place wagers. This problem, of course, doesn’t exist with legal offshore sportsbooks, as they operate entirely outside of the reach of US laws, and the Wire Act conveniently applies only to bookies, not individual bettors. That’s why these overseas books exist and continue to thrive.

Read Our Article: What Is The Wire Act?

Proposed Federal Gambling Laws

There is one particular sports betting law that is in the works, although it has not been officially filed as of yet. Back in September of 2019, US Senators Chuck Schumer and Mitt Romney began working on a form of legislation with the goal to create federal standards or guidelines for states who plan to regulate sports betting in the future. Currently, in the US, sports betting is handled on a state by state basis, making the rules vary drastically from one state to another. The proposed bill would make a unified sports betting set of rules that any state who regulates sports betting would then follow. Schumer initially tried to create a similar sports betting law earlier in the year but was ultimately a waste as the bill went nowhere. This newer proposed bill has more potential going forward, however.

Potential For Similar Laws In The Future

Will there ever be a PASPA style law passed in the future within the United States? The likeliest of answers is no. The US has lived both in a PASPA world and a post-PASPA world and the economy has thrived in one more than it has in the other. Sports betting will always be something that Americans participate in. To ban it would only be hurting the country and the revenue it gains from the industry. It wouldn’t hurt the consumer as there are outside outlets to gamble are sporting events that are completely legal.

The only difference if another ban were to occur would be the US not profiting from those outlets the way they do in a post-PASPA world with their own platforms, which is why it would be highly unlikely that any legislation would pass like that of PASPA in the future. That’s not to say that there won’t be proposals that will come along as some people will always be opposed to legal sports betting but to go as far as becoming a law again, a betting man would wager on the side of “No.” The legal sports wagering industry is just too lucrative in the US to ever be banned again.

GAME Act – Gaming Accountability and Modernization Enhancement Act

Introduced by Representative Frank Pallone, Jr. (D-NJ), the GAME Act was intended to effectively repeal and replace PASPA. Introduced in 2017 as HR 4530, the GAME Act sought to return to the states their rights to legislate their own sports betting rules. There were other considerations involved, namely a passage codifying daily fantasy sports (DFS) as “gambling,” which the DFS lobby is vehemently against. Needless to say, the Supreme Court overturn of PASPA temporarily derailed the GAME Act, though it may come about if the federal government wishes to regulate gaming nationwide. Hopefully, the states – which all now have total gambling sovereignty – will resist any efforts to bring sports betting back under the umbrella of the US government.

Read Our Article: What Is The GAME Act?

Sports Betting Laws By State

Most states (all of them except Nevada, Oregon, Montana, and Delaware) used to be bound by the same sports wagering prohibitions set forth by PASPA. However, now that each state is free to make its own rules for wagering on athletic contests, you can expect a host of divergent laws to apply, depending on where you are. Analyzing the sports betting laws by state is something that you will have to do if you plan on hitting the road to do some sports wagering in the future. But that’s OK, because – while the laws might vary a bit – all the states with sports betting (or those pending sports betting legislation) will generally follow the same mold. In most cases, you can expect the legal minimum age to bet on sports at these venues to be 21, and you can expect land-based wagering to launch before Internet sports betting follows suit.

If you don’t want to do the research and just want to get to the bets, however, you should use a legal offshore sportsbook. These sites operate in all 50 states (with very limited exceptions, in the case of Bovada), and they’re as good as or better than any land-based venue you’re likely to come across. Really, the only reason to bet on sports at a brick-and-mortar book is to soak up the ritzy atmosphere of the casino and to watch the games in its sports betting lounge. If you simply want to wager and get on with your day (or night), then don’t worry about any sports betting laws in the United States and simply sign up at an overseas Internet sportsbook.

States With Legal Sports Betting (Land-Based)

• Nevada
• Delaware
• New Jersey
• Mississippi
• West Virginia
• Pennsylvania
• Rhode Island
• New Mexico
• Arkansas
• New York
• Iowa
• Oregon
• Indiana
• Illinois
• Montana
• Michigan
• Colorado (pending)
• New Hampshire (pending)
• North Carolina (pending)
• Connecticut (pending)
• Washington DC (Pending)
• Washington (Pending)

States With Legal Sports Betting (Online)

• Nevada
• New Jersey
• Pennsylvania
• Iowa
• Oregon
• Indiana
• Rhode Island
• New Hampshire
• Colorado
• Illinois (pending)
• Delaware (pending)
• Tennessee (pending)
• Michigan (pending)

States Currently Considering Sports Betting Legalization

• Alabama
• Arizona
• Kansas*
• Kentucky
• Louisiana
• Maine
• Maryland*
• Massachusetts*
• Missouri
• Ohio*
• South Dakota*
• Virginia*

* States that gave legal sports betting a serious consideration and are expected to be the next wave of sports betting legalization.