Mn Gambling Statute
Minnesota Gambling Laws permit domestic poker rooms and casinos operated by Indian Tribes in the state. MN residents can also enjoy poker, casino, and sports gambling right from home via reputable licensed offshore gambling sites.
Other Minnesota Gambling Pages
Minnesota Gambling Laws – Timeline And Key Statutes. The laws take the ‘if we do not make it explicitly legal, then it is illegal’ route to their gambling laws – with the making of a bet more important than whether a game is of chance, skill or some combination of those two. Minnesota Statutes 2002. Lawful Gambling. The purpose of sections 349.11 to349.22 is to regulate lawful gambling to insure integrity of operations and to provide for the use of net profits only for lawful purposes.
Gambling Laws In Minnesota
Under Minnesota law, unless specifically permitted by law, all forms of state-regulated gambling are illegal. However, pari-mutuel wagering, charitable gambling like raffles, pull tabs, and bingo, the state lottery, and private social gambling are legal under MN gambling laws.
Federally recognized native tribes in the state of Minnesota are permitted to offer casino and poker gambling as per negotiated tribal gaming compacts between tribes and the state of MN. Tribal gambling provides most of MN’s advanced gambling established.
There are no state or Federal laws specifically prohibiting licensed offshore online gambling access, thus allowing MN residents to utilize them for online gambling opportunities. Several federal gambling laws exist but target operators, not players.
Some of these include the Federal Wire Act which prohibits interstate wagering operations and handling and the UIGEA which prohibits financial institutions from process payments for gambling-related services, but none of these federal laws make it illegal for players to gamble online through licensed offshore sources.
Gambling Penalties Under Minnesota Law
Certain gambling-related offenses, especially the offense of operating an illegal gambling activity within the state of Minnesota are gross misdemeanor offenses. People who participate in an illegal gambling activity as players can also face gross misdemeanor charges under certain circumstances especially if they are found participating in the management of a gambling place.
Minnesota Poker Laws
Tribal casinos are the only licensed gaming facilities in the state of Minnesota where one can play poker. Several locations for tribal poker gambling exist but not state licensed offers for physical or online poker gambling.
It is illegal for MN players to use probability calculating devices at poker facilities in the state or keeping track of cards used in a game. Home poker games are legal in Minnesota as long as no one profits from the game or gets a cut from the profits of the game.
Home games that are advertised or regularly scheduled are considered illegal in the eyes of MN law enforcement. The home game must be a random game to be legal with no house rake or profit gained.
Private poker tournaments with low value prized and no fee or buy-ins are also legal in Minnesota. However, MN residents can easily use licensed offshore online poker sites to fulfill their poker gambling needs.
Minnesota Pari-Mutuel and Lottery Gambling Laws
The state offers a state-regulated lottery and licensed race tracks. Pari-mutuel wagering is considered legal at the racetracks in Minnesota for horse and dog races. Online parimutuel wagering is also acceptable through terminals at off the track betting facilities.
Charitable gambling is another legal gambling form in Minnesota and there is a big charitable gaming industry in the state. Many Minnesotans love pickle games, pull tabs, punchboards, bingo, and raffles.
Racebooks and specialty games can be found through licensed offshore online MN gambling sites as well.
Efforts By Minnesota To Regulate Online Gambling
In September 2012, Minnesota took its first step towards regulating online gambling when it approved the use of electronic pull-tab machines that would allow games to be played remotely from an approved location using a tablet.
In a surprising step backward, the state made a futile attempt to compel ISPs to block access to online gambling sites in 2009. Other than approving electronic pull-tab machines in 2012, Minnesota has not put forth any online gambling legislation.
Is There A Minnesota State Lottery?
Yes, the Minnesota Lottery was established by a voter referendum in 1988. There are three types of lottery games that residents can play: scratch, draw, and multi-state games. Lottery tickets are not sold online and residents must be 18 years old to purchase a ticket. However, some licensed offshore MN online gambling sites offer lottery tickets and similar games.
Sports Betting Laws In Minnesota
Since the repeal of PASPA, many states have started to make moves to legalize domestic sports betting. Minnesota has reportedly had a sports betting bill drafted and presented to the Minnesota Legislature but as of now, nothing has come out of it. It is very likely that Minnesota has a sports betting bill pass in 2019, but for now, residents can only legally play online sportsbooks through licensed offshore sources.
Minnesota Gambling Laws Disclaimer
Players who would like to review the official laws and statutes for Minnesota gambling can do so here: Minnesota Office of Statutes. This link provides access to the state’s records and you will see the laws in their original language and format. This can provide more exact details than our summaries.
Minnesota Online Gambling Laws FAQS
What Are The Legal Forms Of Gambling In Minnesota?
The state of Minnesota has held legal compacts with Native American tribes in place that govern the tribal casinos in the state for quite a while, these can also offer poker gambling within or in stand-alone establishments. These with pari-mutuel betting, social gambling, lotteries, and charitable gambling make up all of the legally available domestic land-based gambling options in the state.
What Are The Consequences Of Illegal Gambling In Minnesota?
In the state of Minnesota, misdemeanors associated with illegal gambling-related offenses are categorized by the terms “gross” and “petty”. A petty misdemeanor is punishable by a fine of up to $300 dollars. A regular misdemeanor is the middle ground between the two and carries a $1000 fine and up to 90 days in jail. A gross misdemeanor is the most severe and is punishable by a fine up to $3000 or a full year in jail.
What Is A Native American Tribal Compact?
A compact is a negotiated contract between two political factions that makes determinations on the complicated nature of overlapping jurisdictions and the responsibilities that comes with them. In 1988, the Indian Gaming Regulatory Act was signed into law to provide an operational standard on legal native American gambling.
The IGRA declared that it state-tribal compact was necessary for any gambling operations that are federally recognized as “Class III”. These compacts function as a regulatory framework for the state and tribes to share revenues and work together to create income for the state and the tribe.
What Is Pari-Mutuel Gambling?
Pari-mutuel gambling is when bettors are betting against each other instead of the house. This is the main method of gambling used at horse tracks around the world. Bettors can pick their first, second, and third place winners and place their bets into a communal pot.
Upon the conclusion of the race, the horse track will take a small portion of each bet, where winning bets collect their earning from the communal pot where they split the total winnings.
What Is Social Gambling?
Social gambling is the legal allowance to play recreational games of poker with real money bets in the privacy of your own home. This is an exception to the state base gambling laws in Minnesota. If the host of the game doesn’t make any more money than that of what he might win in the game itself, the game is placed in a private dwelling, all players are over the age of 18, and the game is not advertised in any way – it is legal.
What Is Charitable Gambling?
This is another exception made in the state law of Minnesota for charitable organizations. Nonprofit organizations like veteran’s organizations or churches have the legal allowance to use certain forms of gambling as fundraisers. This and social gambling are common exceptions to gambling laws in most states.
Minnesota is a quieter state compared to others regarding gambling. Online poker appears to be illegal, however, online poker sites still accept residents from this state. Home poker games are acceptable, too, as are other gambling options permitted by law. Above all, Minnesota doesn’t appear to be very active in regulating online poker. So all-in-all, Minnesota is a very neutral state. Read on to learn more about what you can and cannot do poker-wise.
Playing Poker Legally in Minnesota
Is Online Poker Legal in Minnesota?
Any form of gambling is illegal if it’s not specifically permitted by law.
However, if you dig into Minnesota’s laws you’ll notice a couple of other statutes that lean the online poker needle more towards illegal than not.
609.755 ACTS OF OR RELATING TO GAMBLING.
Whoever does any of the following is guilty of a misdemeanor:
(1) makes a bet;
(5) except where authorized by statute, possesses a gambling device.
Clause (5) does not prohibit possession of a gambling device in a person's dwelling for amusement purposes in a manner that does not afford players an opportunity to obtain anything of value.
Subd. 4.Gambling device.
A gambling device is a contrivance the purpose of which is that for a consideration a player is afforded an opportunity to obtain something of value, other than free plays, automatically from the machine or otherwise, the award of which is determined principally by chance, whether or not the contrivance is actually played. 'Gambling device' also includes a video game of chance, as defined in subdivision 8
So in theory, online poker is illegal because you’re making a bet and using a gambling device (tablet, laptop or computer).
An argument can also be made that online poker is a video game of chance. That statute makes any video simulation of poker, blackjack and other casino games illegal. However, if online poker was considered a game of skill than it would be excluded from this statute.
Overall, even though there are no specific laws regarding online poker, I think there is enough overlap in these statutes to determine that online poker is illegal. Therefore I would be cautious when playing online, even though poker sites will and do accept residents from this state, and even though no one has been arrested for online poker to date (to the best of our knowledge).
What About Home Poker Games?
Home poker games are legal so long as the person running it does not take a fee or rake, or charge for rental of supplies.
Subd. 10.Game.
A game means any game played with cards, dice, equipment, or any mechanical or electronic device or machine for money or other value, whether or not approved by law, and includes, but is not limited to: card and dice games of chance, slot machines, banking or percentage games, video games of chance, sports pools, pari-mutuel betting, and race book. 'Game' does not include any private social bet.
Subd. 3. Social skill game. Sections 609.755 and 609.76 do not prohibit tournaments or contests that satisfy all of the following requirements:
This statute comes with rules, though. Prizes cannot exceed $200, players under the age of 18 cannot play and there cannot be any buy-in.
We’re not 100% sure if this applies to home games, too. In other words, if you’re able to buy-in to a home poker tournament so that you can use that money to create the prize pool.
I would guess that if you don’t “buy-in,” what you would do is have all the players contribute to the prize pool, and not look at it as a buy-in. Same difference, I suppose.
Do Casinos in Minnesota Offer Poker?
Yes. Nearly all of the tribal casinos in the state offer a variety of poker games. The most popular racetrack, Canterbury Park, offers poker games, too.
Minnesota Poker FAQs
We receive a lot of questions about the gambling laws in Minnesota. We thought we’d post those here along with our answers for everyone to benefit from.
Will online poker be regulated in Minnesota?
There doesn’t appear to be any interest in regulating online poker in the state.
However, despite the laws learning towards online poker being illegal, there was a study done that concluded that detecting online gambling would be impossible.
Enforcing this proscription is another matter, since short of a massive invasion of privacy the state has no way of knowing when and with whom a remote bet is made. [...] It is unlikely that anything the legislature could undertake would have a significant impact on remote gambling, short of lifting all restrictions on gambling to create a truly level playing field. (Minnesota legislation)
So even if they don’t explicitly make it legal / illegal, it is clear to them that there is little they can do for the time being to track and monitor illegal gambling. At least without breaking the state’s privacy laws.
Is there an online poker room that accepts players from Minnesota?
Yes. Even though poker sites tend to prohibit players from strict states from signing up, this doesn’t appear to be a problem for residents of residents of Minnesota. You should still be able to sign up to some of the better poker sites for American players, which include Bovada, Sportsbetting Poker and BetOnline.
What other forms of regulated gambling is offered in Minnesota?
Other than tribal casinos, Minnesota also has pull tables, bingo, para-mutual horse racing and a state lottery.
Where can I read more about Minnesota poker laws?
You can read more about Minnesota’s gambling laws at the following websites:
- State Legislature on Gambling - https://www.revisor.mn.gov/statutes/?id=609.75
- Pamphlet distributed by State Gaming Board - http://www.gcb.state.mn.us/PDF_Files/Illegal%20Gambling.pdf
Here are some interesting facts about online poker and gambling in the state of Minnesota.
Minnesota Gambling Statutes
- Minnesota is one of the few states that allow you to play dice games socially.
- Statistics show that 85% of US adults have gambled at least once in their lives and 80% in the last year. 91% of Minnesota adults have participated in at least one gambling activity in their lifetime.
- Greg Raymer, a PokerStars Pro, WSOP Main Event winner and hooker aficionado [Source: http://www.nydailynews.com/news/crime/pro-poker-wiz-fossilman-busted-prostitution-sting-article-1.1290012], learned to play poker while attending the University of Minnesota Law School in 1992.
Mn Statute Illegal Gambling
Additional Gambling Law Reviews
Mn Gambling Statutes
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