Title: illegal slots? Post by: davejag on August 07, 2010, 02:32:58 PM HI EVERYONE,
have questions... i realize there are probably no attorneys that operate this site and i will not treat any reply as the words of the law however i still have to ask.. in states that require a "slot machine" to be 25 years old to have in your own home this brings lots of questions to mind.. first off when is a "slot machine" no longer a "slot machine"? and the age is not revalent because its now just like any other electronic game device.. i see stuff saying its legal in ANY state when its tokens?? that alone is hard to swallow!! it would seem to me that as long as you couldnt put any type monies or collect any type monies from the "slot machine" it is no longer a slot machine... or now should i say no longer a gambling device.. now having said that. am i thinking to far outside the box here . is it possible to make a machine that takes a key to put credits on a machine and take a key to remove credits from a machine, which then removes any hint of a gambling device or a slot machine!! THANKS TO ALL WHO COMMENT ON ANY PART OF THIS! Title: Re: illegal slots? Post by: reho33 on August 07, 2010, 02:49:34 PM Hi,
If you read my disclaimer, that says it all. But don't stress, lots of us still enjoy the hobby regardless Title: Re: illegal slots? Post by: davejag on August 07, 2010, 02:56:07 PM ok reho33 i have read your disclaimer at the bottom of the screen and i accept those terms.(lol)
now would you care to have any follow up to the questions? :) Title: Re: illegal slots? Post by: davejag on August 07, 2010, 03:02:30 PM reho i got it.. thnks :)
Title: Re: illegal slots? Post by: ROCKET on August 07, 2010, 05:38:15 PM Just nickel opinion on your post .. no real lawyer talk but you will catch the drift .
if in your hypothetical ?? if it keys in credits and keys out credits --does not make it not a gamblimg device.even though it may not give out coin or bills back as a win hypothetically >>>does not make it exempt from a gambling device in many states <<<< quick answer YES ITS STILL A GAMBLING DEVICE !-- this applies to many of our fifty states -in u.s.a. reasons why for example ?? >>>are you giving the place that homes the said slotmachine<<<<being a private home--pub -- arcade --non profit event - real money or credit card to start with or key in credits in place of money ?? you get into a topic of jursidication legalities of what that state county calls gambling on the books the advertisement of said machines ?? if you had only 3-machines in a hypothetical >>>7-11 store<<< and said try our state legal slotmachines?? i would be skeptical of what is going on in that hypothetical 7-11store etc if you have 1-5 machines at your home that take quarters and dispense quarters .then little Johnny comes over to play with his pals after school and lost his lunch money daily ,he tells his mom or dad over this act and the parents complained to police it would be considered gambling. and a list a mile long of aiding to deliquency to a minor etc etc there are so many hypotheticals that can be popped out on this topic it could go on forever .. but jurisdiction laws are what i would consider looking into if your concerned ... Title: Re: illegal slots? Post by: Buzz on August 07, 2010, 06:51:37 PM Dave does the last three letters in your sign in name (jag) have anything to do with your question? :103- :103- :103-
Title: Re: illegal slots? Post by: davejag on August 07, 2010, 07:27:40 PM Rocket thanks for your thoughts and you are right i could go on and on.. pachillo is legal and drops tokens...its no different
its a gambling device.. maybe someone will say no because its "skill stop"..lol i bought it and then found it now legal i would have never thought about it because i had no illegal intent when i bought it and i dont really want to spend 2 yrs in jail just because i want to play a game!!! mind you i live in a state with the motto of"live free or die"on its plates..lol. guess i better sell my machine... Buzz not sure what you meant about the (jag) but what it means is "dave just a guy" Title: Re: illegal slots? Post by: coorslight115 on August 07, 2010, 08:39:02 PM Rocket thanks for your thoughts and you are right i could go on and on.. pachillo is legal and drops tokens...its no different JAG = Judge Advocate General = Navy lawyer...like the TV show JAGits a gambling device.. maybe someone will say no because its "skill stop"..lol i bought it and then found it now legal i would have never thought about it because i had no illegal intent when i bought it and i dont really want to spend 2 yrs in jail just because i want to play a game!!! mind you i live in a state with the motto of"live free or die"on its plates..lol. guess i better sell my machine... Buzz not sure what you meant about the (jag) but what it means is "dave just a guy" Title: Re: illegal slots? Post by: FOXSSLOTS1 on August 07, 2010, 10:14:14 PM talking about legalities - read what is going on in craigslist in Maryland We seem to have a vigilante - hope the guy doesn't have a sledge hammer and go on a smashem up trip!!!
http://baltimore.craigslist.org/clt/1886456596.html (http://baltimore.craigslist.org/clt/1886456596.html) http://baltimore.craigslist.org/clt/1886446473.html (http://baltimore.craigslist.org/clt/1886446473.html) Title: Re: illegal slots? Post by: reho33 on August 08, 2010, 01:13:25 AM What a jerk! I asked a lawyer once online that advertises about gambling laws and he told me no one is interested in home ownership laws and that I would need a lobby with lots of money to prove otherwise and to just forget it. He said "Sorry, but that's the truth".
Title: Re: illegal slots? Post by: marty19067 on August 08, 2010, 01:38:37 AM Just some general info,
The offense of gambling has (3) elements, chance, consideration and reward. Lacking any of the elements, the charge of gambling can not be sustained. Possession of a gambling device is a different matter. Different jurisdictions have their own definition of what constitutes a "gambling device". Pachislo games have an RNG and are adjustable by the operator to control or limit payout. The skill stop buttons are over-ridden by the RNG over the play cycle. The Craig's list list item from Maryland has AA in the posting; Ann Arundel County? Ocean City MD has plently of Skill Stop Games on the Boardwalk, many that have hoppers and dispense tokens. When it comes to regulations, NJ must have the title as the toughest. Any game that accepts "consideration" must be approved by regulators prior to sale in NJ. Hope that explains a few questions. Title: Re: illegal slots? Post by: daddy2yea on August 08, 2010, 01:54:19 AM There was a guy on EBay that had a GAMEMAKER that he was advertising as legal in all states. If I remember correctly You couldn't put cash in or get coin or ticket out. He had one buttion set to add credits to the machine, and the cash out button just counted the credits off. I think he may be a member here. Anyway does that make it legal in all states I don't know. But as far as your question is it possible to make a machine that takes a key to put credits on a machine and take a key to remove credits from I would have to say yes.
Mike Title: Re: illegal slots? Post by: brichter on August 08, 2010, 04:18:11 AM talking about legalities - read what is going on in craigslist in Maryland We seem to have a vigilante - hope the guy doesn't have a sledge hammer and go on a smashem up trip!!! http://baltimore.craigslist.org/clt/1886456596.html (http://baltimore.craigslist.org/clt/1886456596.html) http://baltimore.craigslist.org/clt/1886446473.html (http://baltimore.craigslist.org/clt/1886446473.html) Har har, I flagged both his posts. Title: Re: illegal slots? Post by: jay on August 08, 2010, 04:26:52 AM The problem with even a credit only machine like this is that many bar/bowling alley/pool hall owners had pot of gold machines that were credit only. They took wagers at the bar and paid out the same way.
California has one of the most stringent laws where even pachislos are illegal. What makes me laugh is that many of the kids arcades like chucky cheese have wheel of fortune and similar type machines that dispense tickets for wins of different values and the tickets can be exchanged for prizes. They have them in CA, NJ, and most other places that are illegal states but no one bothers them because they are adolescent oriented. To me these laws are so ridiculous as a deck of cards or a pair of dice could be used as gambling paraphernalia or how about the home casino kits sold at every walmart or JC penny that includes felt, some cheap plastic chips and a crappy roulette wheel. Or the poker chip sets etc. Elliot Ness is not door crashing walmart. Unless you are running a gaming operation and the burden of proof is on the state to prove that you are I don't think anyone has much to fear regardless of what state you live in. The second issue however is "ownership" of a slot machine. I am sure the officer with the size 11 shoe size / IQ is not going differentiate between a slot machine that takes coin/bills and one that doesn't. See a machine seize a machine. At worst case they seize your machine and write you a summons. No one is going to lock you up as a criminal simply because you don't represent a danger to society. The real cost to this scenario would be the fees you would need to pay to a lawyer, and the potential permanent loss of your machine. Unfortunately I would think that the judge may see that the machine started out its life as a slot and therefore it was designed for gambling and your done and would not buy that a deck of cards represents that same risk. I had read about some guy that brought back a bejeweled Hookah from Turkey simply for decoration - some neighborhood mom spotted this and reported it to the police who subsequently busted him as owning drug paraphernalia. Its the same scenario the uneducated and stupid/blind judicial system sees what they want to see. I lived in PA which was a 1943 state. Machines had to be older than 1943 and I had 6 slots. 2 were Pachislos bought at Sam's club in PA and the rest were brought in from Ohio. What made one legal and the other not. I doubt any lawyer or judge could tell the difference. The laws are pretty much archaic. Title: Re: illegal slots? Post by: reho33 on August 08, 2010, 10:51:19 PM Well do a search on "slots" and "busts" and see what comes up. I like the example that a member gave on here where a person in NM had like 15 slots in his house, all less than 25 yrs old. They all got seized and he got a lawyer. He won but now NM says stuff like you have to buy your slot from a NM distributor, etc, etc. I guess the reality is if you don't ruffle any feathers, peace ensues........ There are illegal aspects to any hobby............Ham radio, can't transmit out of band or used un-certified radio on certain bands, no unlicensed operation. Satellite reception, no decryption of signal without paying, etc. So same with slots, no gambling. A lot of things "hurt" people, the only reason for laws is because common sense does not prevail in mankind.
Title: Re: illegal slots? Post by: slotsteve on August 09, 2010, 10:04:19 AM We use to live in nj ,we got raided 3 x 1 local . 1 casino control , once fbi, the law change when ac open so we got 1st load back they were a load from england mostly non electric, # 2 time we only lost 1 old em jenning, 3# we lost nothing but I spent 6 months in 1/2way house, my charges were talking on tel to buy slots, driving a rider truck to take slot to ilegal state , they never found any machines ,that day in 1985 they locked up 21 of us from east to west coast mostly in vegas, it cost me over 30k in llawyer fee,and make me lose a abc lic worth 250k in nj so be carefull , btw if we had a doj in 1985 we would have not broke any fed laws , the slots in arcades in nj the payout tokens are set to payout over 100% thats how they are legal ,tokens cost 5 to 25 cents are worth pennys on trade in on over priced prizes
Title: Re: illegal slots? Post by: ROCKET on August 09, 2010, 10:56:20 AM We use to live in nj ,we got raided 3 x 1 local . 1 casino control , once fbi, the law change when ac open so we got 1st load back they were a load from england mostly non electric, # 2 time we only lost 1 old em jenning, 3# we lost nothing but I spent 6 months in 1/2way house, my charges were talking on tel to buy slots, driving a rider truck to take slot to ilegal state , they never found any machines ,that day in 1985 they locked up 21 of us from east to west coast mostly in vegas, it cost me over 30k in llawyer fee,and make me lose a abc lic worth 250k in nj so be carefull , btw if we had a doj in 1985 we would have not broke any fed laws , the slots in arcades in nj the payout tokens are set to payout over 100% thats how they are legal ,tokens cost 5 to 25 cents are worth pennys on trade in on over priced prizes Steve, I am sorry for your misfortune in 1985 but glad you shared your story !! 1985 bad year for you best year of my life for me ?? but back to my point again --you made several great points ---DOJ LIC. if that was present at the time you would of been fine !! I am up the east coast in MA. where many laws throughout the country over the years --started in Mass. because of a landmark case -that some law--followed after the case was over . being in a 25 year state as MA. is last time I checked our laws -we do allow video slots to be home owned etc . -but it still goes back to the >>wording of the original law on books <<that is archaic in wording !! they define a slot of turning >>METAL DRUMS << just part of the law script ==we know as plastic reel baskets--that dont apply . the basic point I am trying to make going from >>> owning old real one arm bandits made in the 30's--40's etc that are exempt under MA. LAW . even though I deal with slots and hold a DOJ LIC. I only obtained that to cover my ass --but it was never a question in this state what you had --unless it was being used in a bar -pub location in back rooms for patrons to gamble with ..along with the poker games & roulette & craps tables etc .. even up to the modern IGT -BALLY MACHINES ETC - I cant think of one case ?? of any home owner getting popped for owning a slot that was 2-5 yrs old being the modern IGT S+ S-2000 OR I-GAME -GAME-MAKER -GAMEKING !! most of my customers in the past were law enforcement folks .. but if your not flaunting to your friends or neighbors that every friday night at JOHN DOE'S house he runs a casino etc which i have not seen or heard of --you will be fine and wont ruffle feathers .. now the post I think Jay made of the police officer with size 11 shoe and I/Q TO MATCH !! --YOU WILL RUN INTO THAT IN EVERY STATE IN THE UNION !! I myself back in 1985 HAD SERIOUS DEALINGS WITH THE MENTALITY OF PEOPLE LIKE THAT WHO WERE IN LAW ENFORCEMENT !!--they think they see a slot machine in a home on a routine visit --because a family member needed a ambulance ride to hospital --the officer is sent as back up help . he looks around house sees a few slot machines and then starts to make a fedral case out of is it legal or not ?? which he is pre programmed --under the laws of the past that in his mind its wrong --so he seizes the slot and summons to court etc -- which I know a few cases of that happening -which wre tossed out of court -- for several reasons -- the officer had no right to be inside house on a ambulance call !!--the machine is not being used at the time of the finding -- the machine in a few cases was a non working machine -etc but my point is any P.O. =police officer can make up any reason to stop anyone anytime !!--if your caught for speeding which we all do daily is drive to fast .. you get a ticket and fine etc --at that point the officer has already WON !!-EVEN IF YOU GO TO COURT FOR A HEARING TO SHOW CAUSE-& ITS TOSSED OUT OF COURT !! THE COP WON ---BECAUSE YOU MAY OF HIRED A LAWYER ?? TIME OUT OF WORK TO FIGHT THE STUPID SPEEDING TICKET THAT YOU PROBABLY DESERVED X 10 LOL ETC . as far as transporting slots over state lines into a safe state or out of one --most all guys remove the main board with software and ship that seperate to ovoid getting stopped with a complete working machine on board . I think Jim from blue ridge slots made mention of this in one of his post a few yrs ago . while in transport the boards will be removed and shipped seperate . the bottom line is once again thanks for your story -i dont think you said anything that is not factual !! it boils down to dont rub >>I know my rights<<<I KNOW MY LAWS <<<when dealing with the officer of the size 11 shoe --he will make your life miserable for a short time -and very costly !! Title: Re: illegal slots? Post by: davejag on August 09, 2010, 12:55:18 PM well ok here we go! thanks for all who posted! i did as one recommended filed for DOJ license did so saturday
i live in small town in N.H. cops came door to door asking if we new of anyone who has been knocking down mailboxes obviously i don't know who.. anyway door opens to livingroom and guess where my one and only slot machine is...... yup you guessed it.. i know damn well he saw it nosey BASTARD!! how do i know this? very easy, about 2 hrs later i hear pounding (loud) on my door.. "POLICE SEARCH WARRANT" I AM NOW ONE MACHINE LESS, WITH AN ARREST RECORD AND 5K PR BAIL!! I TOLD THEM i have doj lic. (only told them that because web page states you dont need response to be ok basically)" i was told "THATS FEDERAL" wich has nothing to do with local state laws........ so let me get this straight?? the federal laws cant protect you from your local laws!!! what a great waste of friggen time it is when you try to do the right things in this world!! have court in one week will keep ya posted Title: Re: illegal slots? Post by: ROCKET on August 09, 2010, 01:06:41 PM well ok here we go! thanks for all who posted! i did as one recommended filed for DOJ license did so saturday i live in small town in N.H. cops came door to door asking if we new of anyone who has been knocking down mailboxes obviously i don't know who.. anyway door opens to livingroom and guess where my one and only slot machine is...... yup you guessed it.. i know damn well he saw it nosey BASTARD!! how do i know this? very easy, about 2 hrs later i hear pounding (loud) on my door.. "POLICE SEARCH WARRANT" I AM NOW ONE MACHINE LESS, WITH AN ARREST RECORD AND 5K PR BAIL!! I TOLD THEM i have doj lic. (only told them that because web page states you dont need response to be ok basically)" i was told "THATS FEDERAL" wich has nothing to do with local state laws........ so let me get this straight?? the federal laws cant protect you from your local laws!!! what a great waste of friggen time it is when you try to do the right things in this world!! have court in one week will keep ya posted DID HE HAVE SIZE 11 SHOE ?? SORRY HAD TO SAY IT LOL please keep us posted or you can personal message me with details a interested in what was said . dont forget all these forums are watched ! some say im crazy !!now diff.. Title: Re: illegal slots? Post by: stayouttadabunker on August 09, 2010, 01:13:51 PM Wow! How current is THIS topic? :72-
I'd be running down to the local town hall and asking the clerk for some copy of the local slot laws for sure! They usually charge a small fee for photocopying a law excerpt from some book , that's about it. Then you better go find a small time lawyer to help you with this puppy. The whole shebang may be wrong from the start. What does the ticket say?>>> For example: "Possession of a gambling device."? :129- Title: Re: illegal slots? Post by: ROCKET on August 09, 2010, 01:14:16 PM what you stated abve is classic example of pre programing of a law enforecment person who thinks they know more than most .
I am quite surprised that a judge on a Sunday actually gave the go ahead for a warant for search & seizure based on those facts alone unless it is BARNEY ! frm the Andy Griffith show of your town /county ?? Title: Re: illegal slots? Post by: jay on August 09, 2010, 01:20:15 PM I am quite interested in this.....
Perhaps if you detail the nature of the unit some of us here in the peanut gallery here might be able to come up with supporting arguments for your case. (elle woods, cousin vinny stuff). Off the top of my head I would be discussing the concept of probable cause. Right to face your accuser stuff with your lawyer. IE even if the cop saw your machine how did he identify it as a Slot Machine, what makes him an expert that he can identify one at 30ft away. Did he see it in use, was it turned on ? What kind of machine..... ? Video or Reel ? Was it run on coin or token ? Tito ? Bill Validator ? Brought in from out of state ? and how ? Working ? If I were the state authorities I would think that I would be after your dealer. So having your DOJ is a good idea as it protects both of you. The story I would go with to start is that you purchased a load of arcade parts at auction, when you sorted it out you had about 1/3 of a unit that you restored and once it was working you applied for a DOJ as you intended to sell the product. When I moved from PA (a 1948 state) back to Canada. I took all the MPU boards out of mine and actually stored them inside my pinball machine (in anti-static bags). So I could use the same cover story I just relayed to you. Title: Re: illegal slots? Post by: Brianzz on August 09, 2010, 01:23:47 PM Plain view will get you every time.. you should have had it in the basement or a bedroom. But that must've been some bust.. 1 machine :97-
My suggestion would be to go court and speak with a very very thick New Jersey accent Title: Re: illegal slots? Post by: davejag on August 09, 2010, 01:29:22 PM machine wasnt in use because i answered the door. takes quarters , and bills. machine was on, was a reel machine, bought out of state
was working, and cash.. current charge is illegal possession of gambling device oh i forget to tell ya they took my damn yatzee game too! was also told other charge could be added.RACKETERRING" maybe a scare tactic i dunno.. but penality for that is 5 yrs.. and loss of my home. think i'm going to puke. Title: Re: illegal slots? Post by: davejag on August 09, 2010, 01:34:15 PM i kid you not.. in this town they ticket you for 3 mph over the limit too..
Title: Re: illegal slots? Post by: ROCKET on August 09, 2010, 01:36:30 PM well ok here we go! thanks for all who posted! i did as one recommended filed for DOJ license did so saturday i live in small town in N.H. cops came door to door asking if we new of anyone who has been knocking down mailboxes obviously i don't know who.. anyway door opens to livingroom and guess where my one and only slot machine is...... yup you guessed it.. i know damn well he saw it nosey BASTARD!! how do i know this? very easy, about 2 hrs later i hear pounding (loud) on my door.. "POLICE SEARCH WARRANT" I AM NOW ONE MACHINE LESS, WITH AN ARREST RECORD AND 5K PR BAIL!! I TOLD THEM i have doj lic. (only told them that because web page states you dont need response to be ok basically)" i was told "THATS FEDERAL" wich has nothing to do with local state laws........ so let me get this straight?? the federal laws cant protect you from your local laws!!! what a great waste of friggen time it is when you try to do the right things in this world!! have court in one week will keep ya posted my last post I HOPE on this subject --get a lawyer !! 99% of time a fedral law comes above local law !! but as i mentioned --i would of found out what local law defined a slot -first ?? i developed a lot of property >>LAND << back in the 90's the state and town laws forbid me to do what my designers suggested --after i went through the town process and was denied --which i had to do first .i went to state level I got 90% of my project complete -- when denied from state --I went fedral that WAS APROVED & paved my road to the outcome of the delvelopment --the higher the source --superseads the lower level B/S/ you got busted for a stupid reason i agree .. but i a not saying this to insult you !! i dont know if you called the P.O. a f-ing idiot ?? or have any prior things in life that they want to bust your stones on ?? as i said i did not say you called anybody anything -just usng as example !! Title: Re: illegal slots? Post by: davejag on August 09, 2010, 01:39:57 PM rocket no.. i'm the friggen idiot... po is nosy bast. only thing on me at all was a speeding ticket 4 yrs ago..
Title: Re: illegal slots? Post by: stayouttadabunker on August 09, 2010, 01:40:12 PM Definition of "Racketeering". >>>
(n) Racketeering is defined as the process of forming or running an organization to operate or commit or otherwise execute ongoing criminal activities. For example the drug mafia planning and executing drug traffic in an organized manner. Such crimes are generally illegitimate business. This will never stick...lol I'm pretty sure your intentions were no more harmless than owning it as a personal "piggy bank". :96- You better start carrying a tape recorder every time you run into these guys and record what they're saying to you. They're gonna be in a world of - - - - when their legal counsel finds out all the threats they're making against you. Title: Re: illegal slots? Post by: ROCKET on August 09, 2010, 01:41:47 PM rocket no.. i'm the friggen idiot... po is nosy bast. only thing on me at all was a speeding ticket 4 yrs ago.. TAKE A DEEP BREATH .. STAY CALM -CALL LAWYER -EXPLAIN --THEN GO TO COURT--THEN MOVE OUT OF THAT TOWN !! IT WILL ALL WRK OUT FOR THE BEST .. ITS GOING TO COST A FEW BUCKS AND AGRAVATION READ MY PRIOR POST BEFORE HEARING THIS STORY ?? THE P.O. ALREADY WON !!! Title: Re: illegal slots? Post by: reho33 on August 09, 2010, 01:43:48 PM If they took your slots, did the officer give you a property receipt? Because you have a right to get them back if the judge finds in your favor, they have to return the stuff if the case is dismissed or you are found not guilty.
Title: Re: illegal slots? Post by: davejag on August 09, 2010, 01:46:34 PM reho33 i asked about that and was told that if it was dismissed then i had to file a motion with the courts to get my property back.. and have a hearing on that at a later date.
Title: Re: illegal slots? Post by: davejag on August 09, 2010, 01:48:22 PM rocket you are correct.. they already won!!!!
Title: Re: illegal slots? Post by: davejag on August 09, 2010, 01:50:07 PM and now my wife is pissed because she lost her machine.. she dont see the bigger pic.. duh!
Title: Re: illegal slots? Post by: stayouttadabunker on August 09, 2010, 01:52:33 PM This could easily snowball into a huge money pit and you're gonna be so sick of it real fast. :60-
Be prepared for the fight of your life and start doing a lot of homework on trying to resolve this as cheaply and quickly as possible... I'd be researching local case laws on these charges all over the place trying to get some answers dude! Title: Re: illegal slots? Post by: jay on August 09, 2010, 01:59:26 PM Yatzee ?? as in the Slot or the board game ??
Title: Re: illegal slots? Post by: davejag on August 09, 2010, 02:01:04 PM yatzee as in the dice game its done with sheets of paper guess you could call it a board game
Title: Re: illegal slots? Post by: davejag on August 09, 2010, 02:02:46 PM yatzee is a game sold in any dept store in every state in the country.. ages 8 and up.
Title: Re: illegal slots? Post by: jay on August 09, 2010, 02:04:11 PM Yes we have it at home too.....
There is also a Yatzee Slot game...... so I was just asking... Title: Re: illegal slots? Post by: davejag on August 09, 2010, 02:07:38 PM oh i didnt know there was a slot game as such..
Title: Re: illegal slots? Post by: davejag on August 09, 2010, 02:10:29 PM i'm just glad that they didnt take my ar15 or my ak47 yes i have a federal firearms license.
Title: Re: illegal slots? Post by: stayouttadabunker on August 09, 2010, 02:18:08 PM i'm just glad that they didnt take my ar15 or my ak47 yes i have a federal firearms license. phew! Maybe you need a local state license for those too! :5- Title: Re: illegal slots? Post by: jay on August 09, 2010, 02:27:14 PM I would think that the kids game is probably going to get the cop in some degree of s**hit and may get the whole thing thrown out for you.
One of your defense lines has got to be....... Perhaps you need to bust Target, Walmart, ToysRus for racketeering, aiding and abiding as they not only stock multiple copies of this game, but make it available on line which constitutes Mail Fraud, and it wouldn't be a stretch that they might actually conspire to ship it across state lines. I would also take inventory of every other dice game that they sell..... then demonsrate that they sell "casino nights, Texus holdum, etc ' which sold for the Playstation, Xbox, and Wii. You can then further show other free slot sites widely available on the internet that are NOT for gaming purposes. Then I would draw parallels between every kids game and your slot..... about being for home entertainment...... I sitll think you need to bring in Joe Peshi for this one. Title: Re: illegal slots? Post by: davejag on August 09, 2010, 02:46:02 PM only if joe brings in marissa too
points taken!! Title: Re: illegal slots? Post by: davejag on August 09, 2010, 02:47:29 PM the only problem with bringing in joe is , he wont be dealing with 2 youts.
Title: Re: illegal slots? Post by: marty19067 on August 09, 2010, 03:15:05 PM machine wasnt in use because i answered the door. takes quarters , and bills. machine was on, was a reel machine, bought out of state was working, and cash.. current charge is illegal possession of gambling device oh i forget to tell ya they took my damn yatzee game too! was also told other charge could be added.RACKETERRING" maybe a scare tactic i dunno.. but penality for that is 5 yrs.. and loss of my home. think i'm going to puke. Sorry to hear about you unfortunate situation. Sadly, it sounds like they did everything by the book, (in plain sight, search warrant, seizure). With machine on, able to accept bills and cash, it would seem they have all the elements to make the charge. Consideration (charge to play), Chance (outcome determined primarily by chance), Reward (payout if you win). That is the elements required to define a "gambling device" in most jurisdictions. I don't know how they do things in your neck of the woods, locally the disposition would be forfeiture and destruction of the game, promise not to do it again, probation and court costs (plus your Atty. fees) for a first offense. I would not plan on seeing the game again after a deal is struck or a court appearance. Title: Re: illegal slots? Post by: stayouttadabunker on August 09, 2010, 03:57:48 PM Looking at the revised statutes online (RSA) of New Hampshire, I came up with this:
http://www.gencourt.state.nh.us/rsa/html/lxii/647/647-2.htm (http://www.gencourt.state.nh.us/rsa/html/lxii/647/647-2.htm) (c) is the bad one and is worth a misdemeanor charge. The whole section seems to apply with people actually running a business with them. If you were to fall under II (b) a "collector" - then I think II (a) applies. The infamous "25 year" rule... :37- Title: Re: illegal slots? Post by: jay on August 09, 2010, 04:15:29 PM I can see him failing under I(c) Posesses a Gambling Machine.
Like I mentioned earlier add a copy of Casino nights (available at any game store) for the Playstation, or WII, and they are now by definition "gambling" capable. But the clear (or muddy) fact is that he is not gambling and had no intention of gambling. Under II(d) the definition of Gambling ....... is that something is of Risk Since he also posesses the "key" to the machine and is the sole user of the machine and can remove his coins/bills its not gambling ??? Sure its "capable" of gambling but so is the ownership of a quarter (heads or tails), a deck of cards, or a dice. They might just want to book him on rape as he posesses the equipment for that too...... I still think the get of jail free card is the DOJ registration that allows him to sell the machine he rebuilt....... :72- Title: Re: illegal slots? Post by: Ron (r273) on August 09, 2010, 04:36:41 PM I can see him failing under I(c) Posesses a Gambling Machine. Like I mentioned earlier add a copy of Casino nights (available at any game store) for the Playstation, or WII, and they are now by definition "gambling" capable. But the clear (or muddy) fact is that he is not gambling and had no intention of gambling. Under II(d) the definition of Gambling ....... is that something is of Risk Since he also posesses the "key" to the machine and is the sole user of the machine and can remove his coins/bills its not gambling ??? Sure its "capable" of gambling but so is the ownership of a quarter (heads or tails), a deck of cards, or a dice. They might just want to book him on rape as he posesses the equipment for that too...... I still think the get of jail free card is the DOJ registration that allows him to sell the machine he rebuilt....... :72- Your probably right about the gambling. They have to prove it with records, witnesses etc. too. The problem I see, as in another state I know of, is possession of the machine. A lot of the slot laws are wrote, if they can't get you on one they get you on another. :37- Ron (r273) Title: Re: illegal slots? Post by: FOXSSLOTS1 on August 09, 2010, 05:36:50 PM the DOJ by the way only tell the feds that you are in the business of dealing in gaming devices - does not give you the right to own them; gives you the right to transport across state lines (federal offense otherwise). The DOJ works with a state license to sell - which means you have to be a BUSINESS with a sales tax certificate etc. Having a DOJ and slot machines in your house does not indicate a business. The DOJ issue reared its ugly head in Calif. where dealers would fill out DOJ applications so customers could buy illegal machines. Enough said about the DOJ. The POLICE usually enforce laws that have a benefit or if they are after someone. Not saying those individuals in this thread are bad people the cops wanted - but sometimes! or the cop was trying to make points so to speak. Every State/County/City/Town has enforcement priorities - here in Florida for example - my County is one of the strictest in the country - the cops busted a bunch of SENIOR CITIZENS for playing PENNY ANTE POKER!!! my county busts those CIBER CAFES before they open. The Sheriffs were in my place on a daily basis until I showed them the laws (and my DOJ). Now they ask me questions. Other counties allow just about anything - I do alot of business in Miami - I deal with Cubans and other groups as they pretty much run the show - there are CASINOS all over the place - in Malls - store fronts..... When I ask how they get away with it - the answer is simple - "THIS IS MIAMI" we do what we want... Lastly, I know of only 1 person in Florida that had his machines confiscated - that was 15 years ago - the machine were legal! He too had to go to court to get them back - he did - but the cops used everything but the keys to get the coins out - needless to say - lots of damages - who do you sue? Bottom line - if you own slots in your house - they should not be open to view from outside - the law does require a search warrant - a cop in the course of his duties - comes to your house and can see slots from the street - the open front door - I mean - why would you want people to see what you have anyway - friends and family is enough - enough said.
Title: Re: illegal slots? Post by: reho33 on August 09, 2010, 06:24:54 PM This is totally f--ked up. I hope it is dismissed or he gets off. If he has a good lawyer, he can even cite the NM Supreme Court ruling on the subject, they had a 25 yr rule also.
Title: Re: illegal slots? Post by: marty19067 on August 09, 2010, 06:44:26 PM Foxslots, K+ you are on the money with this one!
Title: Re: illegal slots? Post by: bobdigikbh on January 11, 2012, 06:10:18 PM Just wondering what ever happened with the case and your machine?
Title: Re: illegal slots? Post by: stayouttadabunker on January 11, 2012, 07:25:11 PM Just wondering what ever happened with the case and your machine? Probably got taken from the guys with size 11 shoes and given back to him? Title: Re: illegal slots? Post by: sparky1977 on January 12, 2012, 09:37:26 AM Hello all in regards to a slot / pokie machine the law in Australia states that if you found with a pokie machine and it accepts coins it is illegal but if you remove the coin mech the machine is no more a gambling machine you are allowed to own as many as you like how do i know i advertised one for sale and police arrived with liquor and gaming police and seized the pokie machines and i ended up going to the local police station asking why it was illegal and they then came up with all this legal bull... and then he said that if a machine takes money and you can gain or lose it is a gambling machine but if it do sent accept coins its only a game machine and then i remembered i removed the coin mech because i used it on another machine and had this machine on demo mode so i then told the officer it doesn't accept coins and he looked at me and said do you think I'm stupid i said no it doesn't have a coin acceptor anyway to cut a story short they returned the machine and i sold it
and all legal as long as you remove the coin acceptor if you think this is not right please let me know . but that was what happened to me Title: Re: illegal slots? Post by: SLOTMAN on January 12, 2012, 10:34:59 AM I think the burden of proof is what constitutes a gambling device. If you have a TITO machine that does not contain any coin handling device (coin acceptor) or coin dispenser (hopper) but you strictly have a machine that prints tickets and accepts tickets do you have a gambling device? What if you took it one step further and had it hooked to andyp SAS program and initiated legacy bonus's. Dont you have just a glorified arcade game or nothing different than playing slots on a windows desktop???
Title: Re: illegal slots? Post by: marty19067 on January 12, 2012, 11:57:16 AM In most jurisdictions authorities must prove the presence of the (3) elements that define gambling, CHANCE (an unknown random outcome not under the influence or control of the player), CONSIDERATION (something of value required in order to play the device) and REWARD (something of value received if a successful outcome is achieved).
If one or more of the elements do not exist, or authorities are unable to establish those elements are present in the device, it is not a gambling device and therefore possession is legal. If the device has the capability to accept something of value, develop an outcome and indicate you have won something of value, you have a gambling device. In jurisdictions where legalized gambling exists, such as NJ, the mere possession of a device that appears to be a "slot machine" is sufficient to seize the device and charge the person in possession. Another consideration (unwritten), is how the device is being used. In your home is one thing, provided you are not exposing the devices to public usage by others. In the back of a retail business is another story. I currently have a case pending in the PA courts and you are guilty until you prove yourself innocent! Title: Re: illegal slots? Post by: dale on January 12, 2012, 03:42:28 PM You need to move to Utah...problem solved. I not only can own any age slot I also have 2 AR15s, a concealed weapons permit that allows me to carry a Taurus .45/410 handgun, illegal in most states and considered a sawed off shotgun. Too bad for all you that live in liberal states.
Title: Re: illegal slots? Post by: sparky1977 on January 12, 2012, 08:52:06 PM Marty Your on the ball thats pretty much what what the law states and meaning of a gameing machine :244-
Title: Re: illegal slots? Post by: IFFV68 on January 12, 2012, 11:43:28 PM I don't know if this is true or false,
I have heard if you remove the Computer Board from the machine it is considered a nonworking gambling device & legal to own. If someone knocks on your door, quickly remove the Board?? It's just a thought. I live in a 25 or so state & I've talked to local Cops & they say they have more important things to deal with than a home owned Slot. The best thing is not talk about what you have & keep it away from your front door. Good Luck. Title: Re: illegal slots? Post by: stayouttadabunker on January 12, 2012, 11:52:48 PM ...The best thing is not talk about what you have & keep it away from your front door... That's why we build "mancaves" in the basement! :72- Title: Re: illegal slots? Post by: sparky1977 on January 12, 2012, 11:57:35 PM :208-
Title: Re: illegal slots? Post by: PWRSTROKE on January 13, 2012, 12:41:24 AM Like stout (Bunker) said--- :89-. B.
Title: Re: illegal slots? Post by: emelie on February 10, 2012, 11:41:35 PM I live in one of those 25 year states. Last month I had to call the cops to my house 2 different times (4 different officers) and they all came in my living room where my slots were on so they all saw them. Not one of them said anything so I guess they aren't really concerned about machines in your house ::shrug::
Em Title: Re: illegal slots? Post by: stayouttadabunker on February 10, 2012, 11:52:12 PM :72- The police patrolmen don't know anything about the slot laws...
that why they have Sergeants who have Lieutenants who might bring it up with a Captain who might ask his mother superior to bring it up with the legal department who have students from law school look it up for them then it goes all the way back down the chain until they decide whether or not it's worth pursuing. :5- Unless there's black limos parked outside your house all night long and patrons stumbling out the door at 6 in the morning - I think you're fine... :96- Title: Re: illegal slots? Post by: jbshocks on February 11, 2012, 02:47:41 AM I had a similar situation a few weeks back. Cops in my house to write a police report for credit fraud. I had 3 machines in plain sight. 1945 mills, 25 year old IGT and a Universal Ultra. He kept looking over at the machines and I started to get worried that black helicopters were going to circle so before he left I said I want to make sure you realize that these are michigan legal (the uni is on tokens) He said I don't much care if they are or they aren't I just think they are damn cool. Then he told me about the poker machines coming up in the police auction 2 days later. I showed up and bought my mega touch evo at the police auction.
Title: Re: illegal slots? Post by: Buzz on February 11, 2012, 03:28:32 AM I had a similar situation a few weeks back. Cops in my house to write a police report for credit fraud. I had 3 machines in plain sight. 1945 mills, 25 year old IGT and a Universal Ultra. He kept looking over at the machines and I started to get worried that black helicopters were going to circle so before he left I said I want to make sure you realize that these are michigan legal (the uni is on tokens) He said I don't much care if they are or they aren't I just think they are damn cool. Then he told me about the poker machines coming up in the police auction 2 days later. I showed up and bought my mega touch evo at the police auction. Why don't you ask yourself where did the Police get the Evo they auctioned off. Title: Re: illegal slots? Post by: poppo on February 11, 2012, 03:55:38 AM Why don't you ask yourself where did the Police get the Evo they auctioned off. LOL. Yeah, probably from the last person they told about an auction. Title: Re: illegal slots? Post by: sparky1977 on February 11, 2012, 08:12:44 AM LOL funny shit some cops dont give a shit and some are just plain a.. h.... and want to screw every one they can
Title: Re: illegal slots? Post by: jbshocks on February 11, 2012, 11:42:44 AM I had a similar situation a few weeks back. Cops in my house to write a police report for credit fraud. I had 3 machines in plain sight. 1945 mills, 25 year old IGT and a Universal Ultra. He kept looking over at the machines and I started to get worried that black helicopters were going to circle so before he left I said I want to make sure you realize that these are michigan legal (the uni is on tokens) He said I don't much care if they are or they aren't I just think they are damn cool. Then he told me about the poker machines coming up in the police auction 2 days later. I showed up and bought my mega touch evo at the police auction. They got it from what I understand is a mob run "coffee shop" that they keep raiding to run out of town. I don't drink coffee but I hear if you go in you are told they are out of coffee. Why don't you ask yourself where did the Police get the Evo they auctioned off. They got it from what I understand is a mob run "coffee shop" that they keep raiding to run out of town. I don't drink coffee but I hear if you go in you are told they are out of coffee. Why don't you ask yourself where did the Police get the Evo they auctioned off. Title: Re: illegal slots? Post by: reho33 on February 11, 2012, 02:21:42 PM I don't know and I don't really care. This topic has been discussed ad nauseam for quite some time. If you read my signature, that says it all. Most slot ownership laws were enacted after the 1976 (?) case in CA. Most were written on the language off that. I guess the bottom line is this: each person has to decide if they want to have fun with the hobby or not, knowing and accepting full well that it could come to a bad end someday...........or not. I enjoy my machines and never gave it a second thought.
BTW There are a few states where ownership of sex toys are illegal (i.e. Alabama) :208- Title: Re: illegal slots? Post by: cowboygames on February 11, 2012, 02:47:37 PM I live in one of those 25 year states. Last month I had to call the cops to my house 2 different times (4 different officers) and they all came in my living room where my slots were on so they all saw them. Not one of them said anything so I guess they aren't really concerned about machines in your house ::shrug:: Of course, your statement begs the question, why did you have to call the cops 2 differant times? I had the cops at my house about 10 times last month, but they come to play my machines:)Em Title: Re: illegal slots? Post by: SLOTMAN on February 11, 2012, 02:48:31 PM Phew, I wasn't the only one wondering that.
Title: Re: illegal slots? Post by: cowboygames on February 11, 2012, 02:51:42 PM Well, just wondering if she needs to trade a one arm bandit in for something that requires a 2 handed grip... and good aim
Title: Re: illegal slots? Post by: FORDSBS on February 11, 2012, 03:25:39 PM I live in one of those 25 year states. Last month I had to call the cops to my house 2 different times (4 different officers) and they all came in my living room where my slots were on so they all saw them. Not one of them said anything so I guess they aren't really concerned about machines in your house ::shrug:: Of course, your statement begs the question, why did you have to call the cops 2 differant times? I had the cops at my house about 10 times last month, but they come to play my machines:)Em I think we all wondered about that but Cowboy was the first to say something Title: Re: illegal slots? Post by: Buzz on February 11, 2012, 03:40:28 PM if I had to make a choice between illegal slot machines or illegal sex toys , I think I will vote for the toys.
Did you know sexual intercourse is the most fun you can have without laughing !! :89- :89- Title: Re: illegal slots? Post by: cowboygames on February 11, 2012, 04:05:14 PM I live in one of those 25 year states. Last month I had to call the cops to my house 2 different times (4 different officers) and they all came in my living room where my slots were on so they all saw them. Not one of them said anything so I guess they aren't really concerned about machines in your house ::shrug:: Of course, your statement begs the question, why did you have to call the cops 2 differant times? I had the cops at my house about 10 times last month, but they come to play my machines:)Em I think we all wondered about that but Cowboy was the first to say something Title: Re: illegal slots? Post by: CaptainHappy on February 11, 2012, 05:54:31 PM if I had to make a choice between illegal slot machines or illegal sex toys , I think I will vote for the toys. Did you know sexual intercourse is the most fun you can have without laughing !! :89- :89- Buzz, That is as long as she doesn't laugh at you! :96- :200- :72- :97- :208- :279- :280- CH :95- Title: Re: illegal slots? Post by: Buzz on February 11, 2012, 06:11:39 PM Reminds me years ago when they had vending machines in the rest rooms in truck stops. One day I seemed to be forced to put a quarter in one of them, I just had to have what they called a pecker stretcher. Guess what I received, a small woodpecker laying on a stretcher. I carried it around for years, I don't think it worked. ( she still laughed at me )
Title: Re: illegal slots? Post by: emelie on February 12, 2012, 02:17:20 AM It's cool, I'm like an open book I don't care and I don't get offended by anything...
Anyways, my husband got drunk for New Year's Eve and shot at me. I ended up pushing the gun away RIGHT when it went off but still, he coulda hurt somebody so I just called them to calm him down. Then the next week my husband's brother stole a chain when he was helping me move something. Omg, I was soooooo pissed. I woulda never thought he woulda done that to us but when you're on drugs you get desperate I guess. So, I called them over to file a report. I was hoping it wasn't the two cops from the first time who'd show up cause that woulda been embarassing but it was some different guys. Yea so now that I typed that out, it sounds like we belong on Jerry Springer or some shit lol! Em Title: Re: illegal slots? Post by: emelie on February 12, 2012, 02:18:29 AM Haha Buzz I woulda carried that thing around too, that's a cute story!
Title: Re: illegal slots? Post by: Buzz on February 12, 2012, 02:28:23 AM EM The sad part is :7- :8- :8- it's a true story. :89- :89-
Title: Re: illegal slots? Post by: channelmaniac on February 12, 2012, 04:37:48 PM Yea so now that I typed that out, it sounds like we belong on Jerry Springer or some shit lol! Em http://www.youtube.com/watch?v=-FIw8q6UsxI (http://www.youtube.com/watch?v=-FIw8q6UsxI) Title: Re: illegal slots? Post by: emelie on February 13, 2012, 07:37:09 PM ^^^
LOL |