Dept. of Justice Question

[therockinelvis]

There are lots of states where machines have to be older than 25 years. Can a person get a DOJ for personal home use only in those states? Any advise is appreciated.

[cowboygames]

DOJ certificate does NOT override state law as far as owning newer machines in a 25 year state. DOJ is for dealers in states where ownership of newer machines is already legal

[Bettor Slots]

To clarify:

Being registered through the Department of Justice can allow an individual or a business to transport or receive slot machines from one state to another legally, at least at the Federal level, including transport through states where they may be illegal. DOJ certificate does NOT override state law as far as owning newer machines in a 25 year state. DOJ is for dealers in states where ownership of newer machines is already legal  A DOJ is for any State licensed Vendor that wishes to legally transport machines from one state to another.  The State may or may not allow possession of slot machines of any age, however a State licensed business, operating legally, may continue to do so provided they do not sell machines to individuals within their own state or to other states where they may be illegal.  They may however export out of state or out of the country provided they are doing so in a legal manner.  A state licensed vendor with a DOJ may ship to another individual, business, or entity even if they are in an illegal state provided they possess a DOJ.  

[therockinelvis]

OK. I had a guy tell me that he had a DOJ for "Personal Home Use Only" and I had never heard of that. I think I will ask him to prove it. Thanks

[coorslight115]

He may think he does due to the fact there is a box you check when applying to describe what you are applying for and one sayes " for registrants personal home use only" along with other boxes for buying, selling, transporting,  repairing ect...
And the DOJ will issue him a certificate for just that even if his state is illegal to own. But it still does not make them legal to own. The letter you get back from them states " This letter is not a license, and registration under the gambling act of 1962 does not authorize any act that is not in accord with federal, local or state law" thin line on is he storing, repairing, testing them and reselling to other DOJ holders, or is it for personal use. I think good resale records and a state business license would help him be safe, but even that is no sure bet.

[cowboygames]

That was my point, I spoke to the AG in the state where I live and was told pretty much the same thing. The feds will issue it, but the state laws trump it

[Bettor Slots]

OK. I had a guy tell me that he had a DOJ for "Personal Home Use Only" and I had never heard of that. I think I will ask him to prove it. Thanks

Heh....Elvis...I'm sure you don't want to have anyone make the wrong calls and get themselves in trouble.  You know you guys can Google and actually find the Federal laws pertaining to all of this.  READ it...don't trust my posts now or past ones or anyone else's.  And read your State laws also...they are all available online.  As a general of thumb when is comes to law, whether it be Federal or State, is that it must state something is illegal for it to be so.  If a State law says nothing about an individual owning a slot machine, then it must be legal to do so.  However, if a State law specifically says "an individual may not have a slot machine in their possession unless it is at least 25 years or older", then you can bet that is exactly what it means.

So why then is there that box on a DOJ that says "individual"?  What is it's purpose and when is it useful?   I can think of only two scenarios..maybe you guys can think of another.

Example #1:

An individual from the State of Texas (where machines are legal for private ownership) wants to buy a machine from a company in Virginia (also where they are illegal).  The machine gets freighted out and will pass through some VERY unfriendly States like Mississippi and Louisiana.  Now if the truck gets stopped for inspection and local enforcement decides to confiscate the machine in transit, if you have a DOJ, it gives you legal grounds to get it back and even go after them for damages...you may take it to Federal Court and you will very likely win your case.  I can remember back when I first started freighting out being contacted by the legal departments of the freight companies (ABF for sure and I think the other may have been RL Carriers) and telling me that I must put the statement "transportation of this device is not illegal by Federal Law" onto every BOL (Bill of Lading) for every shipment that goes out.  I still do so today.

Example #2

An individual that lives in the State of Ohio (where machines are legal) takes a summer vacation down to Florida (where machines for private ownership is not legal).  They decide to visit a state licensed vendor down there to pick up a machine and bring it home...nothing wrong with that.  But during the trip home you will pass through some unfriendly States like Florida, Georgia (** funny - read below), South Carolina, North Carolina, and Tennessee.  So on the way back you speed a little or a head light goes out or whatever and you get pulled over.  Well you darn better have your DOJ letter with you because otherwise the officer has every right to confiscate your machine.

Other than that I see no other purpose that an Individual would ever need a DOJ.  You are just attracting attention to yourself otherwise.

  **(Georgia)  Anyone watch that Auction Kings show.  I like that show and the owner of the auction house on there based near Atlanta.  Now on EVERY single show for years now you will see in the background of the auction house a S2000 machine.  There has even been a show or two where you see someone in the background rolling one to their car.  LOL...this cracks me up everytime I see it.  Technically in the state of Georgia they are illegal...but there they are publicly shown for years in the capital city and nothing ever done about it.

Truth is, many States could care less about private ownership even though their state laws say otherwise....they live by the motto "a person's home is their castle".  Unfortunately in many states the laws are antiquated and they were really created to stop illegal parlors, not to invade someone's private home.

[cowboygames]

  Except in NJ if past posts are any indication. I absolutely agree with Jim on this though. Illegal states, in general, are live and let live. Keep them in your house, don't EVER give someone the opportunity to gamble on them and as much as possible keep them on the down low, keeping in mind that everything we do every day of our lives has some type of risk involved. Knowing those risks and acting accordingly is what gets us to the next day safely

[Bettor Slots]

 

Here...just found this on Gallery 63's web site under "current inventory".

[uniman]

  Everytime the Auction King show airs I see that S2000 and tell my wife, "They can't have that! and it's still there!"

It seems to be true that in most states they use the law to enforce illegal gambling raids and it gives them teeth to confiscate machines without proving guilt. With that said, all it takes is a "Barney Fife" deputy to jump on anyone with a machine in their home. 
I find it comical, in a sad way, that here in Nevada there is a one week waiting period while your background is checked before purchasing a slot machine. But hey, you need an AK47, take it home, no questions asked. 

Now all you gun avocates out there, I'm not trying to stomp on your rights, just making a comparison!!
I own guns too.

[Bettor Slots]

Now all you gun avocates out there, I'm not trying to stomp on your rights, just making a comparison!!
I own guns too.

Ooooooh boy....Joey will be chirping in here any moment now 

[Joeylc]

Love that ak-47    But uniman is right.... in Nevada you can walk in to a gun shop and Walk right out with a new "PDW"
Personal defense weapon just fill out some paper work, one phone call and walla,------ walk right out WITH your new PDW

  I like it...   the way it should be..   “Shall Not Be Infringedâ€�  

But trying and buy a slot machine and you have to go through a 7 day, working day's....    Back ground check...  With the Nevada Gaming Commission....  

The assault slot machine 

[zarobhr]

here is an excert from the DOJ website and why you still need a DOJ for personal home use even in a legal state, unless you got it from your own state

and any person who
is in the business of repairing, reconditioning, buying, selling, leasing, using or making available
for use by others gambling devices where such person buys or receives any such gambling
device with the knowledge that it has been shipped in interstate or foreign commerce.

note the "using" which whould be personel use

so the way i read this since i live in a legal state(VA) and my machines are not coming from VA not matter what purpose i should have a DOJ

also if i have a shop and a customer comes in and buys one, if he/she lives in VA then they would not need a DOJ, but if the live in another legal state i could not legally sell to them without them having a DOJ

i also believe based on this if you sell slots on ebay then both buyer and seller need a DOJ if being shipped to a different state no matter the legalality of the state law.

[jay]

DOJs on both sides is not what is done in practice.

The only state that I am aware of that manufactures machines is Nevada so technically all machines not being used in Nevada are out of state machines.

[slotsteve]

nj is one of the worst we got raided there  3 times .  doj was nothing to that state one time was for parts only machines , that they told the judge they could  make work with parts from radio  shack ,