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South Carolina Looks to Legalize Home Poker and Charity Gambling
- Jennifer Newell | March 13, 2009
It is a step in the right direction to update laws from 1802. South Carolina Senator Glenn McConnell introduced a bill to the state legislature to legalize home poker games and gambling events, commonly known as “casino nights,” held for fundraising purposes. And the bill seems to have widespread support among members of the House and Senate.
McConnell’s actions come on the heels of a recent ruling by Municipal Court J. Lawrence Duffy that the 1802 law which outlaws “any game with cards or dice” must be upheld because there has been no legal precedent to rule otherwise. That left five defendants guilty of playing poker in a private residence in 2006 and forced to face fines for the offense. However, the judge was convinced by testimony during the trial that poker is a game of skill and should be exempt from the antiquated state laws, and his ruling reflected as much, though he felt his final decision was unable to incorporate that view.
With a national spotlight on South Carolina as a result of that ruling, which has since been appealed to a higher court, the 1802 law has become an issue that McConnell felt deserved more attention. According to said law, even games like Monopoly should be considered illegal. Moreover, the popularity of poker, which has come to rival that of board games, prompted the Republican senator to introduce legislation that would make home games legal, as well as charity events involving gambling.
“The law is antiquated,” McConnell said. “It was written in another time, and government has no business micromanaging people’s lives and the choice they make on the games that entertain them. Under the law, it’s illegal to play Monopoly and card games at your kitchen table. I don’t see the police enforcing that. It’s just as illegal to do that as it is to play a friendly game of poker in the house.”
The details of the bill dictate that home poker games must not include income for the house, and there must be no house odds or bank. And with regards to charity events, all casino-type games and raffles would be allowed if the organizers are non-profit organizations, religious groups, or fraternal organizations looking to raise funds. Though slot machines, electronic video games, and wagering on live sporting events would continue to be prohibited, the law would make way for South Carolina laws to be updated and in line with the majority of other states in America.
Senate Bill 535 is now in the Judiciary Committee awaiting consideration.
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