Previously megaman asked me if playing online poker was illegal in Montana. Here is my reply:
Hello Megaman, welcome to the PPA forums!
Your question really belongs in the "Ask Skallagrim" forum, however, so once I figure out how to copy post between forums, I am going to put such a copy there. These are precisely the kind of questions the PPA created that forum for!
To answer your question, we must begin with a different question: whether the state of Montana is allowed to regulate/ban internet poker at all given the fact that the US Constitution says that only the Congress of the US can regulate interstate commerce. Internet poker is clearly interstate commerce.
You can read more about this issue here: http://webringamerica.com/4/pokerplayersalliance/viewtopic.php?t=2324
and you can continue to follow the Washington State suit on this issue here:
/news/newsandarticles_article.php?DID=207
Montana law itself is quite thorough when it comes to gambling and poker.
You can find all the Montana statutes here: http://www.gambling-law-us.com/State-Laws/Montana/
Its pretty clear poker would fit under Montana's definition of gambling because it is subject "in part" to chance and its play at licensed card rooms is regulated.
But the only CRIMINAL offense in the statute (other than violating licensing laws or possessing a gambling device like a slot machine) is for operating an illegal gambling enterprise. The statute defines this phrase: ""Gambling enterprise" means an activity, scheme, or agreement or an attempted activity, scheme, or agreement to provide gambling or a gambling device to the public." THIS CLEARLY DOES NOT INCLUDE PLAYERS.
The definition of Illegal Gambling Enterprise specifically includes "internet gambling." And a fair reading of the statute would include internet poker as internet gambling. But again, this does not appear in any way to include the mere players in the game, as opposed to the operators or organizers of games.
While this is a preliminary conclusion until I can check other statutes and case law, it would appear that the answer to your question is: IF Montana can Constitutionally regulate the internet, then conducting an internet poker operation IS illegal in Montana, but merely playing online poker is not.
Skallagrim