Thread: nyc home games
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Old 07-23-2007, 12:06 PM
cardshark cardshark is offline
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Join Date: Sep 2002
Location: USA
Posts: 81
Default Re: nyc home games

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I'm also looking for a home game anywhere in Manhattan/Brooklyn... I'm looking for a completely legal... game.

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Actually, there is no such thing as a completely legal poker game in New York State. If you read the NYS Penal Law, ARTICLE 225--GAMBLING OFFENSES, you can find the following paragraph:

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4. "Advance gambling activity." A person "advances gambling activity" when, acting other than as a player, he engages in conduct which materially aids any form of gambling activity. Such conduct includes but is not limited to conduct directed toward the creation or establishment of the particular game, contest, scheme, device or activity involved, toward the acquisition or maintenance of premises, paraphernalia, equipment or apparatus therefor, toward the solicitation or inducement of persons to participate therein, toward the actual conduct of the playing phases thereof, toward the arrangement of any of its financial or recording phases, or toward any other phase of its operation. One advances gambling activity when, having substantial proprietary or other authoritative control over premises being used with his knowledge for purposes of gambling activity, he permits such to occur or continue or makes no effort to prevent its occurrence or continuation.

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In plain English, by inviting people to play poker you are "advancing a gambling activity" and therefore you are in violation of the law, as quoted "... toward the solicitation or inducement of persons to participate..."

Furthermore, there is part that says "... One advances gambling activity when, having substantial proprietary or other authoritative control over premises being used with his knowledge for purposes of gambling activity, he permits such to occur or continue or makes no effort to prevent its occurrence or continuation." This means that if people play poker at your home, and you permit such activity or do nothing to stop it, you are advancing a gambling activity".

Don't get me wrong. I do not say weather or not a agree with this law. I am only saying that this is what the law says in the books.

So, it is true that by hosting a home poker game you do not "profit from gambling," which is a violation of the NYS law, but you are still "advancing a gambling activity," which is also a violation of the law, in NY State. The players, however, are not breaking any laws because there is nothing in the law that says you can't play.

Don't shoot me. I didn't write those laws. I am only quoting them.
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