In the state of Montana, gambling is no doubt a popular pastime. However, in a state as large as this, the four tribal casinos scattered throughout the state are rarely enough to keep residents satiated. For this reason, many Montana residents turn to their computers to access legal gambling sites for Montana residents to make gambling easier and more convenient. These residents are not whom we’re concerned with; it’s the ones who do not take to gambling online.
We know that gambling isn’t for everyone, but many Montana residents confess to a deep interest in online gambling, but do not allow themselves to participate because of a poor or downright false understanding of all the laws that apply to Montana residents regarding gambling. This webpage will take a close look at both federal and state law concerning online gambling, and hopefully help to put a Montana player’s mind enough at ease to pick up a regular gambling hobby on their computer.
Although the state of Montana houses its own unique legislation, it follows the template laid out by federal law closely. This means that, as a rule of thumb, the law will leave players alone while punishing those who facilitate illicit gambling within the state. We have selected the more prominent passages and analyzed them below.
23-5-112 section 12 heading a - Here we have a standard and inclusive definition of gambling. While the state defines this act for certain legal purposes, it never assigns a punishment. This means that while “gambling” in Montana is not “lawful,” it is not a crime either, and the state will not prosecute anyone found gambling.
23-5-157 - This is a rule unique to the state of Montana. Although they are lenient when it comes to policy regarding actual gambling or gaming, the state of Montana requires all players to use cash for gambling events. This means that if you are gambling in a sanctioned casino in Montana, you may only use cash as your means of placing a wager.
23-5-325 - In this instance, the state of Montana actually protects players from casino game operators. By limiting the power of “house” players in any given gambling game, the state of Montana helps create an even competition between players gambling for money rather than simply battling the house, who always sports the best odds to win.
23-5-806 - In order to criminalize the facilitation of sports betting as it is in the rest of the nation, this law was necessary to pass in Montana. Since the state is one of only four that is exempt from the PASPA, if the state itself did not outlaw it, it would be legal for a bookie to set up shop. Still, since this law only governs land based bookmakers, legal sports betting sites are safe from prosecution.
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Wire Act – For a long time, it was up to individual states to decide what their policies on gambling were. It was not until 1961 when organized crime was rampant that the federal government, at the behest of then-senator Robert F Kennedy stepped in and passed the Federal Wire Act. This bill made the use of wired communications to relay betting information illegal for bookmakers. While this law does not apply to those who wish to bet on sports, it does make life more difficult for those who facilitate sports betting which does, in turn, make it more difficult for honest residents to find a legal means of placing a bet.
PASPA – If the Federal Wire Act made life for bookmakers difficult, the PASPA (Professional and Amateur Sports Protection Act) passed in 1992 upon the urging of former NBA commissioner David Stern made it practically impossible. This law downright prohibited the facilitation of sports betting, making it a serious crime to facilitate bets at all. Four states are exempt from this law, Nevada, Delaware, Oregon, and, curiously, Montana. Despite the fact that this federal law does not apply to Montana residents, as the state has yet to sanction any forms of land-based sports betting, and actually criminalizes the act for those who accept wagers (bookies).
UIGEA – The UIGEA (Unlawful Internet Gambling Enforcement Act) passed in 2006 is the last federal act to have a major impact on online gambling. Once the Supreme Court of the United States ruled that the Federal Wire Act applied to the internet but not to any forms of gambling other than sports betting, lawmakers passed this bill as a last minute addition to the Safe Port Act. This act prohibits any websites in the US from offering online poker or casino games.
We have learned that for legal Montana gambling sites, it is actually quite possible to gamble without any interference from the law. However, every rule needs an exception that proves it. In Montana, the gambling age in only 18, which should be easy for most players to work with. Considering the steep fees that underage violators rack up, it’s much more profitable for players to wait until they are a legal adult to attempt to gamble
If you entered this page nervous about the laws governing the state of Montana, we hope that looking at both federal and state policies surrounding the activity helped to calm you down. Thousands of Montana residents gamble every day thanks to the internet, and if you have a genuine interest in picking it up as a responsible hobby, the laws should not come in your way.
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