Online Gambling Pa Law
Pennsylvania Online Gambling Law – Complete Guide and History October 30, 2017 marked a historic victory for online gambling proponents. It was on that day that Pennsylvania Governor Tom Wolf signed an omnibus gaming expansion bill, HB 271, into law. The best thing about online gambling Pennsylvania is that, now that it’s legal, you only need a verified account at an online operator to get started. Provided that you’ve already made the first deposit, the next thing you need to do is to find the best avenue to place wagers. This could be betting on sports, games of chance, etc. No law prohibits online poker. Horse racing is a mainstay in Kentucky, though, and when online poker and gaming sites were interpreted as a threat to that livelihood, the governor seized the. ^ a b 'Highlights of Pennsylvania's casino gambling expansion law'. Associated Press. Archived from the original on October 30, 2017. Retrieved October 31, 2017. ^ 'Pennsylvania Online Casinos & Online Gambling'. Online Gambling Sites. Retrieved August 13, 2019. ^ Thompson, Charles (15 May 2018).
Pennsylvania Gambling Statutes
§ 5513. Gambling devices, gambling, etc.
(a) Offense defined.--A person is guilty of a misdemeanor of the first degree if he: (1) intentionally or knowingly makes, assembles, sets up, maintains, sells, lends, leases, gives away, or offers for sale, loan, lease or gift, any punch board, drawing card, slot machine or any device to be used for gambling purposes, except playing cards; (2) allows persons to collect and assemble for the purpose of unlawful gambling at any place under his control; (3) solicits or invites any person to visit any unlawful gambling place for the purpose of gambling; or (4) being the owner, tenant, lessee or occupant of any premises, knowingly permits or suffers the same, or any part thereof, to be used for the purpose of unlawful gambling. (a) of this section shall be seized and forfeited to the Commonwealth. All provisions of law relating to the seizure, summary and judicial forfeiture, and condemnation of intoxicating liquor shall apply to seizures and forfeitures under the provisions of this section.(b) Confiscation of gambling devices.--Any gambling device possessed or used in violation of the provisions of subsection(c) Antique slot machines.-- (1) A slot machine shall be established as an antique slot machine if the defendant shows by a preponderance of the evidence that it was manufactured at least 25 years before the current year and that it was not used or attempted to be used for any unlawful purposes. Notwithstanding subsection (b), no antique slot machine seized from any defendant shall be destroyed or otherwise altered until the defendant is given an opportunity to establish that the slot machine is an antique slot machine. After a final court determination that the slot machine is an antique slot machine, the slot machine shall be returned pursuant to the provisions of law providing for the return of property; otherwise, the slot machine shall be destroyed. (2) It is the purpose of this subsection to protect the collection and restoration of antique slot machines not presently utilized for gambling purposes. (d) Shipbuilding business.--Notwithstanding any other provisions of this section, a person may construct, deliver, convert or repair a vessel that is equipped with gambling devices if all of the following conditions are satisfied: (1) The work performed on the vessel is ordered by a customer who uses or possesses the vessel outside of this Commonwealth in a locality where the use or possession of the gambling devices on the vessel is lawful. (2) The work performed on the vessel that is equipped with gambling devices is performed at a shipbuilding or repair yard located within a port facility under the jurisdiction of any port authority organized under the act of December 6, 1972 (P.L.1392, No.298), known as the Third Class City Port Authority Act. (3) The person provides the Office of Attorney General, prior to the importation of the gambling devices into this Commonwealth, records that account for the gambling devices, including the identification number affixed to each gambling device by the manufacturer, and that identify the location where the gambling devices will be stored prior to the installation of the gambling devices on the vessel. (4) The person stores the gambling devices at a secured location and permits any person authorized to enforce the gambling laws to inspect the location where the gambling devices are stored and records relating to the storage of the gambling devices. (5) If the person removes used gambling devices from a vessel, the person shall provide the Office of Attorney General of Pennsylvania with an inventory of the used gambling devices prior to their removal from the vessel. The inventory shall include the identification number affixed to each gambling device by the manufacturer. (6) The person submits documentation to the Office of Attorney General of Pennsylvania no later than 30 days after the date of delivery that the vessel equipped with gambling devices has been delivered to the customer who ordered the work performed on the vessel. (7) The person does not sell a gambling device to any other person except to a customer who shall use or possess the gambling device outside of this Commonwealth in a locality where the use or possession of the gambling device is lawful. If a person sells a gambling device to such a customer, the person shall submit documentation to the Office of Attorney General of Pennsylvania no later than 30 days after the date of delivery that the gambling device has been delivered to the customer. (e) Penalty.--Any person who fails to provide records as provided in subsection (d) commits a summary offense. (f) Definitions.--As used in this section, the term 'gambling place' does not include a vessel that is in the process of construction, delivery, conversion or repair by a shipbuilding business that complies with subsection (d).
§ 5514. Pool selling and bookmaking. A person is guilty of a misdemeanor of the first degree if he: (1) engages in pool selling or bookmaking; (2) occupies any place for the purpose of receiving, recording or registering bets or wagers, or of selling pools; (3) receives, records, registers, forwards, or purports or pretends to forward, to another, any bet or wager upon the result of any political nomination, appointment or election, or upon any contest of any nature; (4) becomes the custodian or depository, for gain or ward, of any property staked, wagered or pledged, or to be staked, wagered, or pledged upon any such result; or (5) being the owner, lessee, or occupant of any premises, knowingly permits or suffers the same, to be used or occupied for any of such purposes.
Pennsylvania Gambling Laws courtesy of: http://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/18/18.HTM
Pennsylvania’s gambling laws permit brick-and-mortar and online gambling forms to operate and serve PA residents if licensed, y either the state or an offshore jurisdiction.
In 2017, long before the confirmed removal of PASPA, the Keystone State enacted laws which expanded gambling permission for domestic sportsbooks and online casino, poker, and wagering offers.
This page will educate PA residents and state visitors on statutes affecting domestic and international online gambling and how the federal laws tie-in.
Department Of Justice Clears Path For Online Gambling
For some time, the Federal Wire Act blocked all US-based online gambling and even was interpreted to prohibit offshore online gambling during its darkest hour. This was due to anti-gambling lawmakers pressuring then-Presidential administration and the Justice Department to block all forms of online gambling.
However, in 2011 the US Department of Justice wrote a memo which changed how the Federal Wire Act was interpreted by stating the law only applied to the prohibition of domestic-based (intrastate; later clarified in 2018 due to PASPA’s removal) online sports betting and had no jurisdiction over licensed offshore gambling offers.
Online Gambling Pennsylvania Laws
The release of online casino and poker from the Wire Act’s prohibition provided states with the right to draft legislation which would legalize state-based online casino and poker gambling. Not many states have done so, but Pennsylvania took full advantage in 2017 by legalizing all forms of state-licensed online gambling through H271, H392, and S477.
These laws permit PA to offer domestic sports wagering, online casino games, online poker games, online bingo games, lottery, video gaming terminals at truck stops, DFS, and online sports betting.
Other Pennsylvania Gambling Pages
PA Online Sports Betting
Even though PA included provisions for sports betting, the state had to wait on the outcome of the Murphy v. NCAA case, which through a Supreme Court decision repealed the long-standing federal ban on sports gambling. Due to legislation passed in October of 2017, Pennsylvania began working on building partnerships and gaining sports betting license applications from a brick-and-mortar casino.
The state hopes to offer online sports betting soon but may not be able to by the end of 2018 since the state just recently launched their physical sportsbook venues in November of 2018. In the meantime, PA bettors can utilize licensed offshore online sportsbooks for PA players.
Wire Act Still Looms In Background
Online Gambling Pa Lawyers
The Federal Wire Act is still technically active and would ban interstate betting through US-based platforms. Therefore, any state considering the launch of a mobile sportsbook must utilize geo-location technology to prevent out of state residents from gambling on a PA sports betting platform. If a player from outside of PA wagered on a PA sportsbook via an online connection, the operator of the online sportsbook would be in violation of the Wire Act.
Land-Based Gambling Options
Pennsylvania has had legal brick-and-mortar gambling since 2004 with the introduction of HB 2330 which allowed over 60,000 slot machines to be placed on PA racetracks and other facilities.
By 2006, PA established the Pennsylvania Gaming Control Board and more brick-and-mortar casinos began to pop up. Through SB 711, table games were legalized in 2010, bringing in a lot more revenue to the state. In 2017, PA passed multiple bills which legalized various online gambling forms, called interactive gaming, and domestic sports gambling.
Do You Have To Be A PA Resident To Access Their Domestic Gambling Sites?
Players do not have to be an official resident of Pennsylvania to access these domestic sites as these sites use geolocation technology to allow anyone within PA borders to gamble on their state-licensed domestic online platforms. PA wants to obtain dollars from other states not offering the same interactive technology and thus would not want to limit its market to PA residents only.
How Do Offshore Gambling Sites Fit In?
Prior to Pennsylvania passing domestic online casino/poker and sports betting laws in 2017, residents could only access viable licensed online gambling through offshore gambling sites. These offshore sites are considered legal if they have the proper legal licensing and are regulated by a respected international jurisdiction.
Even within PA state laws there was, and still is, no explicit prohibition against PA players using licensed offshore gambling sites. However, Pennsylvania has strict prohibitions against unlicensed state-based online gambling platforms.
Do Federal Laws Permit Offshore Gambling?
Federal laws do not prohibit the use of licensed offshore online gambling sites. These sites are based outside US jurisdiction, therefore, the US Federal Government has little regulatory power over them.
However, PA residents can rest assured that the sites recommended in our guide are legal because of their licensing and strict regulatory protocols, as well as, compliance with global industry standards.
Pennsylvania Gambling Laws FAQs
How Can I Fund My Online Account?
Pennsylvanians have to use alternative methods to fund their online gambling accounts due to banking regulations laws implemented by the UIGEA. Whether the online gambling site is licensed by the state or located offshore, the UIGEA has prevented banks from knowing processing gambling transactions making it harder for players to fund their account using their debit or credit cards.
PA licensed online sites will require players to use person to person transferring methods, deposit cash at a physical location, or ask players to set up a casino credit card. However, licensed offshore online sites offer more deposit methods like bank wiring, money grams, preloaded prepaid gift cards, person to person transfers, and cryptocurrency. Withdrawals in both cases with typically be a mailed check.
Can I Go On A State-Licensed Online Gambling Site Right Now?
From a legislative standpoint, yes, however, Pennsylvania’s domestic online casino and poker sites have not launched yet. There are still some casino operators working on the development of their online casino, poker, and sportsbook skins. Nonetheless, PA players can utilize licensed offshore PA gambling sites to get their online casino fix immediately.
When Can I Start Wagering On Sports In PA?
Pennsylvania just launched their brick and mortar sportsbook venue in November of 2018 at the Hollywood Casino at the Penn National Race Course. More PA casino venues will launch their sportsbooks in the next coming weeks.
When Will PA Launch Online/Mobile Sports Betting?
According to the legislation, there is a possibility for online and mobile wagering. PA operators are also eyeing mobile betting. Nevada and New Jersey have already implemented online/mobile sportsbooks and have seen wild success. Therefore, it is likely that Pennsylvania’s online sports betting system will launch soon.