Are Slot Machines Legal To Own In California
The answer, like many legal issues, is 'maybe.'
In general, it is illegal to possess a slot machine in California. Look at the California Penal Code, sections 330-330.11.
It is legal to possess an 'antique slot machine,' which is defined as a slot machine more than 25 years old, if you can prove it was 'not operated for gambling purposes while in the defendant's possession.' This is what's called an affirmative defense, which means, if prosecuted, you would bear the burden of proving it meets those criteria. California Penal Code §330.7.
I do not accept telephone calls regarding my posts on Avvo. If you need more information, please use the 'comments' button or post another question.This is a general discussion of legal principles by a California lawyer and does not create an attorney/client relationship. It's impossible to give detailed, accurate advice based on a few sentences on a website (and you shouldn't provide too much specific information about your legal matter on a public forum like this site, anyway). You should always seek advice from an attorney licensed in your jurisdiction who can give you an informed opinion after reviewing all of the relevant information.
Less ' aria-expanded='false'>Are Slot Machines Legal To Own In California Today
It is the owner’s responsibility to verify that the ownership of a slot machine is legal within your jurisdiction. Laws are subject to change. What is legal now, may be unlawful at a later date. Don’t rely solely on this article when deciding whether to purchase a slot machine. Slot machines before 1952 are legal for sale in District of Columbia. Slot machines of 20 years and older are legal for sale in Florida. In Idaho, Georgia, Kansas, you can get machines that have been made before 1950. Vermont state offers slots that were developed before 1954. Indiana offers slot machines that are 40 years and older. LEGAL We can ONLY ship to states that can legally have slot machines for home use. California Penal Code 330.7.(a) It shall be a defense to any prosecution under this chapter relating to slot machines, as defined in subdivision (2) of Section 330b, if the defendant shows that the slot machine is an antique slot machine and was not operated for gambling purposes while in the defendant's possession.
Are Slot Machines Legal To Own In California
I am not authorized to Practice Law in the State of California: However. many states have an exemption for the possession of residential (non-gaming) display of antique slot machines. The term 'antique' usually means 25 years or older. I have copied the applicable California Penal Code Section:
330.7. (a) It shall be a defense to any prosecution under this
chapter relating to slot machines, as defined in subdivision (d) of
Section 330b, if the defendant shows that the slot machine is an
antique slot machine and was not operated for gambling purposes while
in the defendant's possession. For the purposes of this section, the
term 'antique slot machine' means a slot machine that is over 25
years of age.
(b) Notwithstanding Section 335a, whenever the defense provided by
subdivision (a) is offered, no slot machine seized from a defendant
shall be destroyed or otherwise altered until after a final court
determination that the defense is not applicable. If the defense is
applicable, the machine shall be returned pursuant to provisions of
law providing for the return of property.
(c) It is the purpose of this section to protect the collection
and restoration of antique slot machines not presently utilized for
gambling purposes because of their aesthetic interest and importance
in California history.
Not authorized to practice law in the State of California