Poker In North Carolina

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Poker is a mixed bag in North Carolina. Online poker is likely to be illegal, as well as home games. However, players still have the opportunity to play live in the one casino established within the state. And based on our research it doesn’t look like any of this will change in the near future. Read on to see what I mean.

North Carolina Poker - Poker Laws in North Carolina. Poker Laws in North Carolina. North Carolina’s poker laws fall right in the middle of the spectrum. On one hand North Carolina has massive casino resorts that bring gambling to the masses, and on the other hand they’ve got heavy restrictions on. Play Texas Hold Em online for free. Learn betting strategy, hands, and pockets, and much more!

Playing Poker Legally in North Carolina

Is Online Poker Legal in North Carolina?

North Carolina doesn’t have any laws that pertain to online gambling. One could then assume that online poker would be illegal based on the following laws:

Poker Rooms In North Carolina

§ 14-301.Operation or possession of slot machine; separate offenses.

It shall be unlawful for any person, firm or corporation to operate, keep in his possession or in the possession of any other person, firm or corporation, for the purpose of being operated, any slot machine or device where the user may become entitled to receive any money, credit, allowance, or any thing of value...

This includes video bingo, craps, keno, lotto and other video games.

To further clarify:

For the purpose of this section, a video gaming machine is a video machine which requires deposit of any coin, token, or use of any credit card, debit card, or any other method that requires payment to activate play of any of the games listed in this subsection.

The laws don’t say poker specifically, but considering that online poker is like a video game, and your computer (or laptop, phone or tablet) is a device that lets you play online, that could be enough to make it illegal.

Even if that wasn’t the case, gambling on any game of chance is illegal in North Carolina. And based on our research the state considers poker a game of chance. So that would certainly rule out online poker.

What About Home Poker Games?

North Carolina makes no exceptions for home poker games. All players that participate run the risk of being charged with a misdemeanor.

§ 14-295.Keeping gaming tables, illegal punchboards or slot machines, or betting thereat.

If any person shall establish, use or keep any gaming table (other than a faro bank), by whatever name such table may be called, an illegal punchboard or an illegal slot machine, at which games of chance shall be played, he shall be guilty of a Class 2 misdemeanor; and every person who shall play thereat or thereat bet any money, property or other thing of value, whether the same be in stake or not, shall be guilty of a Class 2 misdemeanor.

Class 2 misdemeanors can result 1-60 days in jail and up to a $1,000 fine.

Do Casinos in North Carolina Offer Poker?

The only casino is North Carolina is Harrah’s Cherokee Casino. They spread poker games, as well as other popular table games. Prior to April 2013, these games were played at tables with video monitors, so that to comply with state laws.

North Carolina Poker FAQs

We receive a lot of questions about the legality of poker in the state of North Carolina. We’ve answered those questions below.

Will online poker be regulated in North Carolina?

Unlikely. We couldn’t find anything during our research about efforts being made towards legalizing online poker (or gambling) in the state. And given the current laws and news, we don’t see that changing for the positive any time soon.

Recent Gambling News

Poker Casinos In North Carolina

In February 2013, a low stakes game held in a tavern was raided by cops with assault rifles. According to one of the players, “I would have thought we were armed robbers or murderers when they came in on us,” one of the owners told the News-Record. “It was one of the scariest things I ever went through. All of a sudden, you’re looking at assault rifles and guns.”

Is there an online poker room that accepts players from North Carolina?

Yes. Residents can sign up to any poker site that accepts US customers. This includes sites like Bovada, Sportsbetting Poker, Americas Cardroom, BetOnline and Sportsbetting.ag.

What other forms of regulated gambling is offered in North Carolina?

North Carolina runs a state lottery and allows charitable bingo and raffle events.

Where can I read more about North Carolina poker laws?

You can read more about North Carolina’s gambling laws at the following websites:

Here are some interesting facts about gambling and poker in North Carolina.

  • North Carolina didn’t introduce a state lottery until March of 2006. To put that into perspective, Washington State signed legislation for their lottery in 1982. That’s a lot of money the state missed out on. Washington State did 24.7 million more, or about a 5 percent increase over their numbers in 2011. Basic math would tell us that the state did about $450 million in 2011. So you could assume that North Carolina missed out on billions of dollars in revenue.
  • Beach Bingo was the first regulated and legal form of gambling in North Carolina. Gambling was made legal in 1983.
  • Greg Raymer, former PokerStars pro and WSOP Main Event winner, was caught with a hooker in a Wake Forest, North Carolina hotel.

Additional Gambling Law Reviews

  • » Gambling Laws in Louisiana
  • » Maine Poker Laws
  • » Poker Laws in Maryland
  • » Massachusetts Gambling Laws
  • » Legal Poker in Michigan
  • » Minnesota Poker Laws
  • » Review of Mississippi Poker Laws
  • » Legal Poker in Missouri
  • » Legal Gambling in Montana
  • » Nebraska Gambling Laws
  • » Legal Poker in Nevada
  • » New Hampshire Poker Laws
  • » Legal Poker in New Jersey
  • » New Mexico Gambling Laws
  • » New York Poker Laws
  • » Legal Gambling in North Carolina
  • » North Dakota Poker Laws

North Carolina is one of the states where the issue of whether poker is to be understood as a game of chance or not is critical to whether it is to be deemed illegal or not. The law as it relates to gambling in North Carolina reads as follows:

“Section 14-492, Gambling: Except as provided in Chapter 18C of the General Statutes or in Part 2 of this Article, any person or organization that operates any game of chance or any person who plays at or bets on any game of chance at which any money, property or other thing of value is bet, whether the same be in stake or not, shall be guilty of a Class 2 misdemeanor.” (1)

So betting on any game of chance for money is illegal in North Carolina, other than provisions in Chapter 18C which governs the North Carolina State Lottery, or in part 2 of this section, which concerns the allowance of gambling on tribal lands. (2). So in other words these are the only two exceptions permitted in the state to bet on games of chance.

Since the statute is silent as to how games of chance are to be defined, this has been left up to the courts to decide. There is an element of both skill and chance in the game of poker, and whether it is to be defined as a game of chance or not for the purposes of legal interpretation depends first on whether this addresses the preponderance of chance versus skill, which is widely open to debate, or whether any element of chance would suffice to fit this definition.

The North Carolina courts have thus far taken the latter definition, whereby if there is an element of chance at all in a game, it is a game of chance. In Joker Club v. Hardin, the North Carolina Court of Appeals ruled that “since the instrumentality of victory is not entirely in a players’ hands” and that there must be “unavoidable uncertainty as to the results, chance predominates over skill in the game of poker.” (3)

Interestingly enough though, in the state’s compact with the Indians to allow gambling, one of the conditions is that the games offered include an element of skill, which includes poker. (4)

In any case, this addresses an exception to the law, although the law here is clearly too vague and poorly worded to properly set out the scope of this law, and we are left with being subject to fairly arbitrary decisions like this by the courts, but in the absence of clearer definitions, this is the only recourse.

So right now based upon the case law, poker is included in the law against gambling in North Carolina, which includes any form of poker playing not on an authorized venue on tribal lands, including home games played for money.

Live Poker In North Carolina

Where To Play Poker In North Carolina

There is only one location in North Carolina where poker may be played legally, and that is at Harrah’s Cherokee Casino Resort, in Cherokee, NC. This casino is a joint venture between Harrah’s and the Indian tribe there, and is located on tribal land, and offers Class III gaming, including poker.

There are a total of 20 poker tables at this location, which is a rather large venue, sitting 21 stories tall and offering 1108 rooms. There is a pretty wide selection of casino games available as well. (5)

Online Poker In North Carolina

Given that playing poker for money is seen as being in violation of state law, this would extend to all poker playing, including playing poker online. There isn’t any reason to think that playing online poker in North Carolina would not consist of poker playing in North Carolina. You can’t really argue that since the game is hosted outside of the state, as is the case with online poker, the actual playing of the game did not occur in the state, since it is the playing of the game that is what is being declared illegal here.

This is what some people can get confused about, the venue may not be in the state but if playing is not legal in itself, and the bets also may be taken elsewhere, but here the law prohibits the act of playing such a game, and there is no question that the playing of the game occurs in North Carolina if you are playing it for money while physically located within the state.

This notwithstanding, authorities in North Carolina do not go after online poker players, as no state does at this time, so online poker players in North Carolina do not seem to be worried about any of this, nor does it appear that they need to be.

So if you do not wish to travel to the lone poker room in the state or visit poker rooms in other states, or play in home games, then online poker is actually the only option you have. Many North Carolina residents have come to take advantage of this option though, and if you wish to as well, there are several very good sites which are happy to allow you to do so.

Ignition Poker is one of these sites and comes highly recommended. Ignition Poker bought up the Bovada software and re-branded in 2016 – they have already proven to have a very good track record at providing high quality online poker to Americans, including North Carolina citizens. They offer a first deposit bonus of up to $1,000, as well as a FREE $5 casino chip to use in their online casino.

America’s Cardroom is another of our top recommended poker sites and they also accept North Carolina residents. Their first time bonus deposit is the same as Ignition’s, with traffic being slightly higher though, especially at the NL Holdem and Pot Limit Omaha tables.

References:

(1) North Carolina Statutes, 14-292.

(2) North Carolina Statutes, 14-292.2

(3) Court of Appeals of North Carolina, Joker Club v. Hardin

(4) North Carolina Legal Poker

(5) Harrah’s Cherokee

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