illegal slots?

[ROCKET]

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 !!

[davejag]

rocket no.. i'm the friggen idiot...  po is nosy bast. only thing on me at all was a speeding ticket 4 yrs ago..

[stayouttadabunker]

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". 

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.
 

 

[ROCKET]

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 !!! 

[reho33]

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.

[davejag]

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.

[davejag]

 rocket you are correct.. they already won!!!!

[davejag]

and now my wife is pissed because she lost her machine.. she dont see the bigger pic.. duh!

[stayouttadabunker]

This could easily snowball into a huge money pit and you're gonna be so sick of it real fast.
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!

[jay]

Yatzee ?? as in the Slot or the board game ??

[davejag]

yatzee as in the dice game  its done with sheets of paper guess you could call it a board game

[davejag]

yatzee is a game sold in any dept store in every state in the country.. ages 8 and up.

[jay]

Yes we have it at home too.....

There is also a Yatzee Slot game...... so I was just asking...

[davejag]

oh i didnt know there was a slot game as such..
 

[davejag]

i'm just glad that they didnt take my ar15 or my ak47 yes i have a federal firearms license.

[stayouttadabunker]

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!  

[jay]

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.

[davejag]

only if joe brings in marissa too

points taken!!

[davejag]

the only problem with bringing in joe is , he wont be dealing with 2 youts.

[marty19067]

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.

[stayouttadabunker]

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

(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...

[jay]

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.......

[Ron (r273)]

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.......

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.

Ron (r273)

[FOXSSLOTS1]

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.

[reho33]

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.