Is Social Gambling Legal In New York

Posted By admin On 05/04/22
Is Social Gambling Legal In New York Average ratng: 5,9/10 3876 reviews

Code Section
PEN§225.00 et seq.; 47A:101 et seq.; RW&B 47A§518

At the turn-of-the-century in 1900, gambling was illegal but widespread in New York City. The favorite activities included games of chance such as cards, dice and numbers, and betting on sports events, chiefly horse racing. Social gambling is not allowed in New York, by law.

Gambling
Staking or risking something of value upon the outcome of a contest of chance or a future contingent event not under person’s control, upon an agreement that he/she will receive something of value, given a certain event

Horse Racing/Off-Track Betting
Licensed horse and harness racing legal. Off-track parimutuel wagering at licensed facilities lega

Dog Racing/Off-Track Betting
Not specified

Casinos Allowed?
Gambling devices prohibited

Other Kinds of Gambling-Related Activities Allowed or Banned
Promoting gambling; possession of gambling records; bookmaking; possession of gambling devices illegal. Games of chance sponsored by bona fide charitable organizations allowed. Social, private gambling allowed

aceofspades

Illegal debts are not legally enforceable. Even friendly bets among friends are not legal, and thus the loser is completely on the honor system to pay up. Lest you think I'm incrimating myself, even members of the Supreme Court have a home poker game.


As an attorney, I had to look up your claims Wizard - as I have always known that it is a state issue of whether 'friendly' or 'social' bets are legal - here is a chart (one of many that can be found online) outlining (with links) each state's laws on social gambling
LINK TO THE CHART
midwestgb

As an attorney, I had to look up your claims Wizard - as I have always known that it is a state issue of whether 'friendly' or 'social' bets are legal - here is a chart (one of many that can be found online) outlining (with links) each state's laws on social gambling
LINK TO THE CHART


Hi Ace.... Chuck's chart is quite nice. But a prohibition is only as relevant as its actual enforcement. FWIW, social gambling is alive and well in the states I hold a law license for... KS and MO... ;-)
That said, I would never attempt a legal action in either state to collect a friendly gambling debt.
aceofspades
Quote: aceofspades

As an attorney, I had to look up your claims Wizard - as I have always known that it is a state issue of whether 'friendly' or 'social' bets are legal - here is a chart (one of many that can be found online) outlining (with links) each state's laws on social gambling
LINK TO THE CHART


Hi Ace.... Chuck's chart is quite nice. But a prohibition is only as relevant as its actual enforcement. FWIW, social gambling is alive and well in the states I hold a law license for... KS and MO... ;-)
That said, I would never attempt a legal action in either state to collect a friendly gambling debt.
Hi Midwest - looks like we can start our own law firm - I will refer KS and MO cases to you and you can refer NY cases to me :)
Doc

The first item discussed, the dominant factor of chance, doesn't seem to apply here. I don't really think that anyone would interpret the amount of weight lost by an individual over nine months to really be dominated by chance.
midwestgb
Quote: midwestgb

As an attorney, I had to look up your claims Wizard - as I have always known that it is a state issue of whether 'friendly' or 'social' bets are legal - here is a chart (one of many that can be found online) outlining (with links) each state's laws on social gambling
LINK TO THE CHART


Hi Ace.... Chuck's chart is quite nice. But a prohibition is only as relevant as its actual enforcement. FWIW, social gambling is alive and well in the states I hold a law license for... KS and MO... ;-)
That said, I would never attempt a legal action in either state to collect a friendly gambling debt.
Hi Midwest - looks like we can start our own law firm - I will refer KS and MO cases to you and you can refer NY cases to me :)
Gotcha. Will PM you sometime!
Wizard
Administrator

As an attorney, I had to look up your claims Wizard


Is gambling legal in virginiaThanks! So, if social gambling is allowed in a given state would the small claims court entertain a gambling dispute that took place in said friendly poker game? I have never once heard of this happening, but don't claim to sit in on small claims cases on a regular basis.
It's not whether you win or lose; it's whether or not you had a good bet.
rxwine

Thanks! So, if social gambling is allowed in a given state would the small claims court entertain a gambling dispute that took place in said friendly poker game?


The standard way to settle a dispute in a 'friendly poker game' is by shooting the dirty cheater.
ref: cowboy movies.
Quasimodo? Does that name ring a bell?
aceofspades

Thanks! So, if social gambling is allowed in a given state would the small claims court entertain a gambling dispute that took place in said friendly poker game? I have never once heard of this happening, but don't claim to sit in on small claims cases on a regular basis.


I have never heard of this either as I am not sure friends want to testify against each other and waste time dragging their other friends in as witnesses. However, stranger things have happened...you would have to either have your attorney or ask the Judge to issue a Wheresubpoena ad testifcandum forcing your friends to testify. Whether their memory will be faulty at that point in time is something I would not bet against!
MrV
NRS 463.361 Enforceability and resolution of gaming debts.
1. Except as otherwise provided in NRS 463.361 to 463.366, inclusive, and 463.780, gaming debts that are not evidenced by a credit instrument are void and unenforceable and do not give rise to any administrative or civil cause of action.
Mission146

I have never heard of this either as I am not sure friends want to testify against each other and waste time dragging their other friends in as witnesses. However, stranger things have happened...you would have to either have your attorney or ask the Judge to issue a subpoena ad testifcandum forcing your friends to testify. Whether their memory will be faulty at that point in time is something I would not bet against!


I'm not an attorney, but would a Court actually get involved with anything having to do with a bet or Poker game, or what have you? They're not the gaming commission, and my guess would be that, unless a State has laws specifically regulating the actual game/betting, then the Judge would hesitate to get involved. My speculation on this would be that someone who lost in the game simply could not sue the host for losing.
If you will peruse 55-9-2, here:
Is Social Gambling Legal In New Yorkhttp://www.gambling-law-us.com/State-Laws/West-Virginia/
That's the West Virginia law on unauthorized gambling. It basically says that the loser can sue the winner for what he lost which is because, pursuant to your link, West Virginia is actually one of the states in which friendly gambling is illegal.

New York Gambling Age


It is for this reason that in State where friendly gambling is legal, (with parameters to the amounts one is permitted to lose to another per twenty-four hours, if applicable) the loser cannot recover that which he lost from the winner.
I still think the Court would hesitate to get involved when it comes to allegations like bottom-dealing, card-stacking, etc.
Vultures can't be choosers.