maguaiman0 wrote:
What is the law in PA for hosting a home game? Is it illegal or is it legal if it is for charity? I am just looking for some kind of clarity, do to the fact I see tournments advertised in the newspaper and on road side signs.
Hi maguaiman0 and welcome to the PPA and this forum.
I was dreading the first Pennsylvania question...PA is the last state to have no searchable database of its statutes. The best source I can find (though its generally a good source) is: http://www.gambling-law-us.com/State-Laws/Pennsylvania/
Under the statutes listed there it is a misdemeanor to "2) allows persons to collect and assemble for the purpose of unlawful gambling at any place under his control;
(3) solicits or invites any person to visit any unlawful gambling place for the purpose of gambling; or
(4) being the owner, tenant, lessee or occupant of any premises, knowingly permits or suffers the same, or any part thereof, to be used for the purpose of unlawful gambling."
All of which begs the question, what is unlawful gambling?
The best answer I can give comes in the form of a court opinion regarding video poker machines: "[T]he elements necessary to gambling [are]: (1) consideration; (2) a result determined by chance rather than skill; and (3) reward." Commonwealth v. Two Electronic Poker Game Machines, 502 Pa. 186, 194, 465 A.2d 973, 977 (1983)
Therefore, if, as the PPA believes we can prove, results at Poker are determined primarily by skill, not chance, then it is not "unlawful gambling" in PA.
There was a case recently in Westmoreland County where a lawyer ran some sort of poker game/tournament and got raided. He apparently was not charged with an offense, and sued to get his confiscated property back. Ultimately some kind of deal was reached that returned his property. His basic argument was that poker was a game of skill and therefore not unlawful gambling in PA. You can find all the info on this case at the main PPA web page.
PA does have charitable gaming laws, and so if a person has complied with all of the terms of those laws relating to place, sponsorship and licensing, then it is legal to offer the games regardless of whether poker is "gambling" or not.
I will try and speak with one of our PA attorneys to get more information on PA law to answer your home game question as at present I am unable to find a specific "home game" exception in PA law.
Skallagrim