Massachusetts Home Poker Law is AncientThe State Doesn't Even Have a Law Against 'Gambling' on the Books |
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Old and archaic can be used to describe most state laws pertaining to the game of poker in the United States, and Massachusetts is no different. Massachusetts is the second state to go under CardPlayer.com’s home-poker legal examination, and Patrick Fleming — New Hampshire attorney, poker rights advocate, state director of the Poker Players Alliance, and the frontman and lead organizer for the PPA’s litigation network — put it this way when opening the conversation about Massachusetts:
“Boy, it’s an interesting state when it comes to the legality of poker,” he said. “Massachusetts statutes are ancient. They really haven’t rewritten a gambling law since the early 1900s, and there are very few Massachusetts court cases interpreting those laws.”
Fleming’s home state of New Hampshire was the first state to be analyzed.
Fleming calls Massachusetts a “skill vs. chance” state. That is, Massachusetts law protects games that it deems skillful, so if there ever was a day that poker would go on trial there, it would be up to the lawyers to prove that poker is a game of skill and should be protected.
Poker, at least the live, analog version, has not had its day in court in Massachusetts, and no players have been charged in recent memory with violating the state’s “lottery” laws (an example of outdated language; there’s no crime against gambling in Massachusetts, just against playing “lottery” games), but a form of poker has been debated in the courts.
According to Fleming, about 20 years ago, an appeals court heard arguments from the attorney representing a man who got busted for running a bank of video-poker machines. The appeals court ruled that since it takes a certain kind of skill-set to play and win with any type of frequency at video poker, then it should be considered a game of skill. Because of this, he was allowed to keep the machines. But because he paid out on the machines, the fines were upheld.
So, can you play home poker legally in Massachusetts without fear of being arrested?
As for home poker, it looks like Bay Staters are (mostly) OK. Like most legal questions pertaining to home poker and the states, there’s not a real clear answer, but Fleming believes the answer is yes. He says:
“That’s an interesting question, and there is no Massachusetts case law that directly says one way or another,” he said. “But the laws in Massachusetts against the lottery are primarily concerned with the people who run the lottery. If poker were mostly chance, and therefore a lottery [of sorts], then there are plenty of laws against anybody who organizes a game or runs a gambling house or a house that has lotteries.”
But, once again, showing the archaic nature of Massachusetts’ laws, the state has a law that says this:
Whoever in a public conveyance or public place, or a private place on which he is trespassing, plays card, dice or any other game for money or other property, shall forfeit not more than $50 or be in prison for not more than three months. Whoever permits such a game should be fined not less than $50 and maybe imprisoned not less than three nor more than 12 months.
“That’s the only part of Massachusetts law that I can find that directly addresses a player,” Fleming said, “but it clearly seems to be limited to public places or private places where you’re trespassing.”
CardPlayer.com: What about charity poker?
Patrick Fleming: Charity poker can exist in Massachusetts. We don’t have regular charity poker rooms like we have in New Hampshire, but charitable organizations can set up charity poker tournaments. It is a very complex process. It’s limited to certain kinds of organizations that can do it. Local permits have to be applied for, the organization has to have been in Massachusetts for two or more years, there are price limits, prices can’t be based on the number of entrants, and the list goes on. But, actually, the Massachusetts attorney general has published, much to their credit, a folder on exactly how to set up a charity poker tournament. This folder is available through the AG’s office.
CP: Do they tax the charity tourneys?
PF: No.
CP: Are there any current laws or recent attempts to change poker law in Massachusetts?
PF: [Paraphrasing] Yes. In 2007, the governor proposed to amend the gambling laws to allow casino gambling in the state, which would include poker. Within the proposal was a caveat that would make playing online a felony, similar to the casino expansion law that was proposed and passed in Washington state that did the same thing to online players.
Once this addition was discovered, Fleming said the PPA rallied its troops and made sure everyone in the Massachusetts legislative wing knew about the stipulation, as well as the displeasure it caused for so many Massachusetts citizens.
The Poker Players Alliance has formed a Poker Litigation Support Network and is still looking for attorneys from many states to volunteer their time to the cause.
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