In the early 1990s, only six states offered legalized gambling through land based casinos and / or riverboats.
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Today, 20 states offer commercial casinos, which are privately owned gaming establishments that operate on non tribal land. 28 states have Native American casinos, which are located on sovereign land.
The Indian Gaming Regulatory Act IGRA of 1988 paved the way for Native American casinos, allowing them to offer Class II games bingo, pull tabs, poker, bridge, contract bridge.
This is an important distinction because video poker machines are Class III, meaning they operate with a random number generator RNG. Any gaming establishment that’s licensed for Class III games can offer video poker and slot machines.
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But tribal casinos have gotten creative by offering video poker machines that look like the real deal, yet operate like bingo games. Results of a Class II video poker game are determined like a bingo card, although this is set up to closely mimic what you’d expect from Class III video poker.
Bottom line: over half of US states can find video poker at commercial and / or Native American casinos in their area. And with more states relaxing their gaming laws, you can expect video poker to continue expanding across the US.
Online video poker is neither legal nor illegal by federal law. The only law concerning video poker and other forms of online gaming is the Unlawful Internet Gambling Enforcement Act UIGEA of 2006.
Attached to the Safe Port Act and signed into effect by President George W. Bush, the UIGEA “prohibits gambling businesses from knowingly accepting payments in connection with the participation of another person in a bet or wager that involves the use of the Internet and that is unlawful under any federal or state law.”
This confusing language does not explicitly state that online gambling is illegal. The UIGEA’s main function has been to prevent US banks from accepting online gambling related transactions.
Because there are other ways to make internet gaming transactions that don’t require banks Bitcoin, credit cards, eWallets, many online casinos still offer real money video poker to American players.
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Illinois, Indiana, Louisiana, Montana, Oregon, South Dakota, and Washington have laws in place to discourage online gaming. For this reason, internet casinos avoid offering video poker to some or all of these states.
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But the majority of states have no laws in place regarding online video poker and other forms of gaming.