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Poker Players Alliance Forums » Ask Skallagrim

11. Drew Goldsmith
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    PREVIOUS QUOTE:

    My local state rep in NE sent me a PDF document that explains why poker is illegal because it meets the criteria listed here: http://www.pickspokertables.com/NEgamblinglaw.pdf

    Basically they say if there is any kind of entry fee and if players can win any kind of prize, the event would not be legal.

    There are three elements for an activity to be considered gambling:
    1) Consideration - if they have to pay in any way
    2) Chance - outcome is predominantly based on chance. They give credit to players ability to influence the game with their skill but in this article their last sentence is this: "So while poker is a game of considerable skill, the level of skill does not overcome the element of chance."
    3) Reward - they win something then it's illegal

    In Maryland, and specifically Montgomery County, they also have this three part Gambling clause to regulate even Free Poker Tournaments in bars and restaurants. The Liquor Control Board, the body that regulates this statute in Montgomery County, states that all THREE parts of the above clause must be met for it to be considered "Gambling." If you had two of the above conditions but not ALL THREE then it is not considered "Gambling." Just relaying info.

    DREW GOLDSMITH
    PPA MEMBER - KINGOFACES

    Posted 11 months ago #

12. Eric Blade
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    So, someone could run a freeroll, but not a real game. :-S

    Posted 11 months ago #

13. Jason Waters
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    Technically, they could still run a real game. As has been said many times, this forum is for proving poker to be MOSTLY a game of skill. Since it can be proven to be mostly skill, there is no way for ALL 3 of those criteria to be met. Unless poker is specifically pointed out, in the state's laws, a case against you for running a poker game *should* be easily defeated. In short, if your state relies on the 3 part gambling clause only, then... Shuffle up and Deal!

    Posted 10 months ago #

14. Eric Blade
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    Of course, helpful in this proof, would also be the data that PokerStars or someone had released that shows something like only 30% of hands actually get to showdown, etc.

    Posted 10 months ago #

15. Jason Waters
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    If they excluded FreeRoll and Play Money figures, it would be even better. Otherwise, there's a ton of people who would skew those results just because they like to go All In, no matter what their cards, on the first hand dealt, pre-flop. And for every one of them, there's 200 more that got decent hands and will call them. It's quite funny to auto-fold the first hand, wait a minute, and look at the tourney info, in FullTilt. 200-500 people gone, within a minute of the start.

    Posted 10 months ago #

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