North Carolina Poker Laws
North Carolina Legal Poker 2021. When it comes to online poker North Carolina, as with so many other US states, exists in a huge, fat, world of gray. Whether poker is a game of chance, whether betting on the Internet is illegal, and the existence of legal tribal casinos. Roy Cooper signed S 154 into law on Friday, July 16, making North Carolina the seventh state to pass a sports betting bill this year. For now, the bill allows the Eastern Band of Cherokee Indians to operate retail sports betting only at two casinos in the Appalachian Mountains.
When it comes to gambling in the United States, there is little question that when done responsibly it can be a fun, thrilling, and even potentially profitable hobby. However, a lot of US citizens, especially those living in North Carolina do not take part simply because they are unsure of their rights and the legal realities facing the hobby. It is the hope of this webpage to provide some clarification about North Carolina gambling laws.
All citizens of the United States are subject to federal law which hands down punishment for those who would facilitate gambling for others at a profit to themselves, but does not punish an otherwise honest person who simply wishes to place a bet or play a casino game while wagering a little money.
However, this template leaves the door wide open for individual states within the union to add their own policies when it comes to gambling and North Carolina has jumped on the opportunity. The rest of this page will walk readers through a detailed overview of the laws facing prospective gamblers in North Carolina, as well as show them the safest means of enjoying a gambling hobby themselves.
The Legality of Gambling in North Carolina
The key difference between the federal laws governing gambling in the entire nation versus the North Carolina gambling laws are essentially that North Carolina has criminalized the actual act of betting as well as its facilitation.
While the federal government and even most other states in the union distinguish the act of gambling from what North Carolina refers to as its “promotion,” unfortunately for residents of North Carolina, their home state does not. Whether a potential offender is found guilty in court of the act of gambling or promoting the act of gambling, it’s the same crime. In fact, both acts are even lumped into one definition.
Section 14-292 of state legislation lumps in the act of gambling right in with its promotion, blazing through both acts by stating that “any person or organization that operates any game of chance or any person who plays at or bets on any game of chance…” in that blink-and-it’s-gone piece of legal writing, North Carolina has criminalized both the operation of a gambling game and the participation in it. Being found guilty of this offense in North Carolina is a Class 2 misdemeanor which carries a 1-60 day sentence of active, intermediate, of community punishment.
However, there is some good news in the state of North Carolina for residents who are interested in gambling. Even though in accordance with the letter of the law, it is just as great an offense to participate in gambling as it is to operate it, the reality is the law simply does not work this way. In fact, not since the beginning of World War II has there been an incident in North Carolina where an otherwise honest citizen was arrested just for the act of gambling, it is always the operator of the game or gambling device that is brought up on charges.
Just so long as a North Carolina resident avoids “operating” a gambling game, they should remain safe from prosecution.
Participation vs. Operation: Is There A Difference?
The distinction in between gambling and operating a gambling game in accordance with the law is quite simple. In the clearest example of the distinction, it’s easiest to imagine an underground game of roulette. Were an honest resident of North Carolina to walk into an underground casino and place a bet on the roulette wheel by giving the spinner money and placing a bet and the police busted in at that very moment, the “operator” who took the money towards the bet would most likely be carted off to jail while the player would be safe from prosecution.
In addition to this distinction, it’s important to point out that all those charged with gambling in North Carolina have not merely made gambling available, they have been profiting from it. Profiting from gambling does not simply mean playing a game and winning a few wagers, it means that a resident has put themselves in a situation to earn money based off other people’s bets whether or not they wager themselves.
The best examples of this are in poker. While in accordance with the law, a private game amongst friends would technically be illegal, no law enforcement officer is going to take umbrage with the act. The only thing that could make a private poker game stand out as a criminal act is if all of a sudden the host was earning money for operating the game. Popular means of collecting profit off games like this are through charging admission for the privilege to play, or by collecting a “rake” which is a small percentage of every pot given to the house as a profit.
Even though anyone participating in gambling in North Carolina is technically in violation of the law, those prosecuted or only those profiting from gambling. A great example is a gambling operation busted in Syracuse back in June of 2014. In this case, a man was operating an internet café with the distinct purpose of opening his machines for residents to gamble on. When the operation was broken up by the state police, all of the players walked while the owner of the establishment, Chan Ji Byong, was arrested and brought up on charges.
If a prospective gambler in North Carolina wishes to avoid legal trouble, they need only avoid turning their hobby into a large operation involving other people.
Betting Laws In North Carolina
Through the strict language in North Carolina gambling laws forbidding the betting of anything related to “chance,” sports betting is ruled to be illegal as selecting winning teams is not considered a skill in the eyes of the court.
Thanks to this language in North Carolina legislation and the Professional and Amateur Sports Protection Act, the facilitation of sports betting is highly criminalized and if a player wishes to find a way to place a bet on land somewhere in the state, they would be forced to seek out highly dubious means. Obviously, this is not a recommended course of action.
In the state of North Carolina, it is illegal to participate and especially to facilitate or operate any casino games where bets or wagers are made. This being the case, there are no state licensed casinos in the state of North Carolina.
However, there is one casino within the state borders which is federally exempt due to the federal Indian gaming act. Harrah’s Cherokee Casino is open for business, however, some laws in North Carolina force it to operate in a fairly unique manner. Since the state expressly forbids wagering on anything related to chance, all games in this casino must have some element of skill. This means replacing traditional slot machines with video equivalents where players can lock in certain cards, and no roulette. Still, for land based casino gambling, one option is better than none.
While certain states exempt poker from the traditional definition of “gambling” by labeling it a game of skill over a game of chance, North Carolina is not one of those states. In accordance with state legislation, poker is still illegal.
The good news is, there are still means to play poker. Harrah’s Cherokee Casino has several poker rooms with tournaments open to the public, and the state law has no umbrage with private games played among friends. However, those living in North Carolina are urged to be extra careful when hosting a poker game not to do so for profit. No state has broken up more illicit poker games than this one, but just so long as the host of the game is careful to avoid collecting any profit, they should avoid any legal attention.
Legal Gambling Age In North Carolina
Few issues are as legally complex as the issue of gambling in the state of North Carolina. The last thing any prospective gambler living in the state should want to do is make matters further complicated. This is exactly what will happen for anyone caught gambling underage. North Carolina gambling laws set the legal gambling age in North Carolina is 21. It is strongly recommended and players in the state wait until they are of legal age. If they do not, not only will they leave themselves open to penalties like legal fees and community service (not the kind that college application like,) but the facility in which they are caught gambling will surely institute a ban and seize any winnings the player may be otherwise entitles to. Some things are worth waiting for, and gambling legally is certainly one of them.
North Carolina Poker Laws
| General | Lottery | Casinos | Poker | Pari-Mutuel | Bingo |
|---|---|---|---|---|---|
| 21 | 21 | 21 | 21 | 21 | 21 |
Where to Gamble in North Carolina
On-Land: For those craving a social gambling experience in the state of North Carolina, there are unfortunately a scant few options. Harrah’s Cherokee Casino is the only option, and if you happen to live far away from Cherokee, you’re just about out of luck.
Still, it’s better to have at least one option. This branch of Harrah’s hosts all forms of games of skill in form of video machines and card tables, as well as a thriving poker room. If one happens to live far away from this casino, private home games are always an option and just so long as the host refrains from collecting any profits, these games should not attract any legal attention.
When it comes to options for gambling on land, North Carolina won’t be confused with Las Vegas anytime soon, but at least there are a couple of options. Still, convenience for gambling in North Carolina is certainly at a premium.
Online/Web-Based: If the situation as it relates to safe, convenient gambling in North Carolina feels hopeless, that’s a trap most residents fall into until they remember the internet.
Thanks to the World Wide Web, many internationally renowned companies are able to bring safe and legitimate gambling options to prospective players in North Carolina. The state strictly enforces their laws related to the facilitation of gambling, so these networks are unable to set up shop within or North Carolina, or indeed within the country at all.
While the idea of gambling with a business from overseas may understandably make some people nervous, it’s truly a blessing in disguise. Since all the websites listed here on NorthCarolinaGamblingLaws.com operate overseas, they are able to function legally in accordance with their native country’s laws. This means two things, the first of which being there is no risk of the law shutting these sites down and seizing all funds from players, and it means that these sites must be certified by a gaming commission to stay online.
Certification from reputable international agencies like the Kahnawake Gaming Commission mean that these legal gambling sites for North Carolina residents are committed to offering fair play, devoted to paying out their players quickly and fairly.
Is Poker Legal In Nc
After year in the industry, each of these gambling networks has developed large, loyal followings and their own niche markets. Every site we list here comes highly recommended not just by us, but by many satisfied customers and major US media networks such as CBS and FOX.
Best Gambling Sites That Are Legal For North Carolina
Bovada - #1 NC Sportsbook, Casino & Online Poker Room
For North Carolina Residents seeking out the very best that legal gambling networks have to offer, the clear answer for over 20 years has been Bovada. Whether prospective gamblers are looking for the most comprehensive sportsbook, the most high-functioning casino or the online poker rooms with the most guaranteed money, Bovada provides the answer for all of the above. No gambling site is as reputable or functional as Bovada, and their long history in the business gives them an unfair advantage.
The best part of choosing Bovada over not only other online gambling sites but even land based casinos is the service department Bovada comes backed by. In contrast to the pressure a land based casino must apply in order to get the most money out of their customers in a single trip, Bovada would much rather keep their members happier for a long period of time. That’s why they offer the option to talk to a human being over the phone 24 hours a day, and they never feel the need to get pushy about urging members to play because they have the utmost confidence in the superior product that they offer.
Other Recommended North Carolina Betting Sites
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While we are confident the information on this page is accurate and that our advice is sound, it must be mentioned that we here at NorthCarolinaGamblingLaws.com are not lawyers. As such, this page cannot be considered legal advice. If you have any further questions or are in any legal binds yourself, visit the North Carolina Legislative Page directly at www.ncleg.net to read the North Carolina gambling laws for yourself, or contact a qualified legal professional that is licensed to practice law in the state if you want to be absolutely sure you're safe when gambling in NC.