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Poker in Massachusetts, Ashley Adams, 15. Nov 2002 15:13
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I have a few ideas about poker. One of them involves its legality.

I think poker should be legal in every state. I know that it isn't. But I'd like to change that. At the very least, I 'd like to make sure that it's legal (not just winked at) to play in my home with people I know for modest stakes.

So I decided, while killing some time today, to research the laws in MA with respect to playing poker.

They are, to say the least, ambiguous.

First of all, if a game is primarily one of skill, it isn't necessarily illegal. I'm not sure where the courts have come down on the question in this state -- nothing as definitive as the old California laws which deemed Draw poker legal as a game of skill but outlawed 'Stud Horse Poker". But still, that could be a loophole which might make poker legal if we could show it is primarily a game of skill. Also, Cribbage and Bridge are legal even if there is a prize if the proceeds of a Cribbage or Bridge event go to a recognized charity.

Curiously, if you lose a wager you have three months to have the winner pay it back to you. He must if you demand it. If you don't demand it than any third party can demand it and is entitled to treble the amount. Seems weird. You could deliberately lose a wager and have a buddy demand treble payments after three months. I suspect, but don't know, that this has never been enforced.

Anyway, sorry for rambling. I'd be interested in knowing if anyone out there is really familiar with how this has been enforced in Massachusetts. I'm willing to do some lobbying to change the law to allow home game poker, but I'd need some legal help to get started.

Ashley Adams
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Re: Poker in Massachusetts, Marc OBrien, 27. Nov 2002 09:15
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Maybe Mitt will get it done for us. I have dreams of a Boston waterfront casino.
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