Michigan State law

[ekdikeo]

I asked some people who would probably be in the know about the status of some gaming legislation in Michigan, and they came up with the following interesting tidbit, from the Michigan Gaming Control and Revenue Act (which just by it's name kind of implies that Michigan was setting up a legal racketeering operation, doesn't it?):

750.314 Winning at gambling.

Any person who by playing at cards, dice, or any other game, or by betting or putting up money on cards, or by any other means or device in the nature of betting on cards, or betting of any kind, wins or obtains any sum of money or any goods, or any article of value whatever, is guilty of a misdemeanor if the money, goods, or articles so won or obtained are of the value of not more than $50.00. If the money, goods, or articles so won or obtained are of the value of more than $50.00, the person is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00.

750.315 Losing at gambling.

Losing at gambling—Any person who shall lose any sum of money, or any goods, article or thing of value, by playing or betting on cards, dice or by any other device in the nature of such playing or betting, and shall pay or deliver the same or any part thereof to the winner, and shall not, within 3 months after such loss, without covin or collusion, prosecute with effect for such money or goods, the winner to whom such money or goods shall have been so paid or delivered, shall be guilty of a misdemeanor, punishable by a fine not exceeding 3 times the value of such money or goods. Such loser may sue for and recover such money in an action for money had and received to the use of the plaintiff; and such goods, article or valuable thing in an action of replevin, or the value thereof in an action on the case.

....

It would -appear- that if you go into a casino and lose a giant sum of money, that you can then sue the casino for it back. /images/graemlins/laugh.gif

[thedarknight]

so what's the deal with this?
i actually live in MI...will I click the mouse and go to jail?

[jaminbird]

If the casino is on indian land then I don't think they are subject to the laws of the state surrounding them. Only federal laws apply to indian land.

[ekdikeo]

That was in the laws that make casinos legal, but it was in a section that did not appear to apply to the casinos, it seemed like it was in general. Either way, apparently, if you play cards for money outside of places where it is made specifically legal, if you win, you're a criminal.. and if you lose, you can sue the person who wins.

Weird.

[DVaut1]

There are 3 casinos in downtown Detroit (MGM, Greektown, Motor City) which I'm pretty sure aren't on any kind of tribal land. They were authorized by Proposal E back in the middle of the 90s.

While what the OP cites may be a law, it's almost certainly the case that I've never heard anyone arrested, let alone convicted, for those crimes.

So, my advice is to sleep easy.

[ProsperousOne]

Seems to conflict with another michigan law. Sorry, but I don't have a link, but there's another law I've seen that states as long as the house doesn't collect a rake, poker is legal (applies to home games)...

[ekdikeo]

I'd like to say that that's true, but it looks like that is not the case. It looks like in Michigan, as well as many other states, that the winner in card transactions is usually guilty of a misdemeanor, usually with some pretty hefty fines for a misd.

It does go on further to state that those rules do not apply if the cards are being played in a home for elderly, that has more than 15 members, so long as no pot exceeds $5, and it's done between the hours of 9am and midnight.

[deleteduser]

So are all us Michiganders going to jail for playin online poker is what?

[Poker Clif]

Another provision of Michigan law allows for tournaments as fund raisers for charities, schools, religious organizations, and one or two other categories I can't remember. I have seen notices for fund-rasiers for a ski patrol and a local animal rescue organization, among others. These tournaments are licensed by the state, and tournament publicity will usually have the state license number somewhere on the information.

[ekdikeo]

I did dig up the law on charity games, and to hold a charity game in MIchigan, you have to get a "Millionaire Party" license, which will allow you up to 4 days to play a bunch of different games, with a limit of $10K per day coming into the charity. They do have specific rules for Hold 'Em Tournaments (must be No Limit) and Cash Hold 'Em (must be Fixed Limit)

[ekdikeo]

I found the relevant part of the casino act in Michigan, that basically approves home games:

(v) “Gambling game” means any game played with cards, dice, equipment or a machine, including any mechanical, electromechanical or electronic device which shall include computers and cashless wagering systems, for money, credit, or any representative of value, including, but not limited to, faro, monte, roulette, keno, bingo, fan tan, twenty one, blackjack, seven and a half, klondike, craps, poker, chuck a luck, Chinese chuck a luck (dai shu), wheel of fortune, chemin de fer, baccarat, pai gow, beat the banker, panguingui, slot machine, any banking or percentage game, or any other game or device approved by the board, but does not include games played with cards in private homes or residences in which no person makes money for operating the game, except as a player.

...

However, I have been informed that there have been some small movements in the past to have that language changed... and it's possible those movements could become a bit larger if certain people take an eye towards it.