FAQ Category: USA Home Poker Law

The state of Washington has invoked laws that permit legal home poker games, defined as “social card games” in RCW 9.46.0282 (see Reference). So long as the players follow the basic guidelines of social gambling, meaning no player or host profits in any way aside from the gamble, the game is not promoted and all players have an equal chance, no crime is being committed. There are also laws in place to allow social card games within certain business establishments. [Reference Social Card Games: http://apps.leg.wa.gov/RCW/default.aspx?cite=9.46.0282; Reference 9.46.070: http://apps.leg.wa.gov/RCW/default.aspx?cite=9.46.070; Reference Social card…

Home poker games are perfectly legal in the state of Alaska when held under the provisions of a "social game", as defined in the social gambling guidelines above. The law specifically states legality under the circumstance of "a person who gambles at a social game on equal terms with the other participants".

The legality of home poker games in Kentucky is somewhat confusing. When you read over the gambling laws, it specifically states that yes, gambling is illegal, but it also makes an exception for games in which the “ultimate winner is determined by skill”. Kentucky law does not define poker as a game of chance or skill; does not define the game at all. It depends on the interpretation of “skill”, and the “ultimate winner” being determined by skill. [Reference: http://www.lrc.ky.gov/KRS/528-00/010.PDF]

Home poker games are not legal in North Carolina. The state’s statutes provide legalization of state-approved lotteries, gaming, bingo and raffles, outlawing all other forms of gambling. Chapter 14-292 states that “any person… who plays at or bets in any game at which any money, property or other thing of value is bet, whether the same be in stake or not, shall be guilty of a Class 2 misdemeanor.” The chapter provides an exception from Chapter 18C, which regards legal lotteries. We’ve referenced both sections below. [Reference Chapter 14-292: http://www.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_14/gs_14-292.html; Reference…

Home poker games are considered unlawful gambling in West Virginia. The law states that any person, at any place, public or private, is guilty of a misdemeanor for betting or waging anything of value on any game that involves chance. The penalty is a fine between $5 and $300, with a possibility of up to 1 year probation. [Reference 61-10-5: http://www.legis.state.wv.us/WVCODE/Code.cfm?chap=61&art=10]

Home poker games are legal in Alabama so long as they follow the guidelines of a "social gambling" experience. The law specifically states that a player may use the defense of playing in a "social game" in a "private place", but the defendant must be able to provide proof. [Reference: http://www.legislature.state.al.us/CodeofAlabama/1975/13A-12-21.htm]

In the state of Louisiana, unlawful gambling is defined as “the intentional conducting, or directly assisting in the conducting, as a business, of any game, contest, lottery, or contrivance whereby a person risks the loss of anything of value in order to realize a profit.” A home poker game, where there is no profit made by any player or host of the game, aside from actual winnings derived from the poker game, does not qualify as a business. Therefore, yes, home poker games are legal in Louisiana.

North Dakota home poker games are perfectly legal. There is only one stipulation regarding home poker games and social gambling conducted within a private residence, found in Chapter 12.1-82-02, Classification of Gambling Related Offenses; “It is an infraction to engage in gambling on private premises where the total amount wagered by an individual player exceeds twenty-five dollars per individual hand, game, or event.” In short, no hand can exceed a maximum pot of $25.

In the state of Wisconsin, home poker games are illegal by default. The law states all forms of betting that are permitted, prohibiting all other forms of gambling. The only permitted wagers are those placed on publically licensed contests, bingo, raffles, pari-mutuel wagering and lotteries. [Reference: http://www.legis.state.wi.us/statutes/Stat0945.pdf]

Home poker games are defined as “social gambling”, and are perfectly legal in Arizona so long as the same guidelines listed above apply. This means that no “player” or “other person” may stand to gain “any benefit, directly or indirectly, other than the player’s/ winning from the gamble.” There may be no benefits do to proprietorship of the place in which the poker game is held. And players must “compete on equal terms with each other in a gamble”. [Reference: http://www.azgaming.gov/misc-pdf/Gambling_PSA_Pamphlet2.pdf]