Is Gambling Illegal Online In The US?

By --
Monday, 31 Jan, 2022

Is Gambling Illegal Online In The US?

Is Gambling Illegal Online In The US - The short answer is no, gambling is not illegal in the US. However, the country has a long and complicated history with gambling. Its specific forms have been banned at some points in the country's history, while at other times the laws surrounding it have been more permissive.

This back and forth around the legality of gambling, coupled with the fact that individual states have their own say on whether to allow it, has left many uncertain about its legality. In this article, we'll explain what types of gambling are legal in the US and in which states.

Federal Laws Around Gambling In The Us

Generally speaking, the U.S. Gambling is not illegal as there is no federal law banning gambling throughout the country. That said, the whole story is a lot more complicated. The US has specific laws, such as the Federal Wire Act of 1961, that prohibit gambling across state lines. Therefore, betting in one state may be fine, but betting with a bookmaker located in the next state would be considered illegal.

On top of this, Sports Betting Id has been extremely limited until recently due to the federal Professional and Amateur Sports Protection Act passed in 1992. That law didn't make sports betting illegal, but it did prevent states that didn't already allow sports. Please legalize it in future. The Supreme Court overturned that federal law in 2018, once again allowing states to make their own legislative decisions about whether or not to allow sportsbooks.

Online gambling is also a can of worms. The Unlawful Internet Gambling Enforcement Act of 2006 makes it illegal to operate an online gambling website anywhere in the US. However, this does not make it illegal for individuals to bet on an online gambling website. As a result, there are many foreign gambling websites, such as Bovada and BetOnline, that accept bets from Americans.

Note that online fantasy sports leagues, including daily fantasy sports platforms, are exempt from the 2006 Act.

Us State Laws Around Gambling

For the most part, the US government leaves it to the states to make their own rules regarding gambling within their individual borders. This means whether gambling is legal or not and what form it can take, depending on where you are in the US.

Gambling is legal in some form or some of the territories in 48 of the 50 states. The only two states that ban it completely are Utah and Hawaii. Known as a gambling haven, gambling is legal in Nevada almost anywhere in the state. Most other states fall somewhere in the middle, for example allowing gambling only in licensed casinos. In addition, many states allow certain types of gambling but not others. States such as New Jersey allow betting on horse racing, sports betting and casino games on and off the track. At the same time, in Washington, horse racing bets are allowed, but other types of sports bets are not. In addition, Casino Games are permitted only on Native American tribal land in Washington.

Which states have made gambling legal, we go into more detail on this topic in our dedicated advice guide. It is also important to note that local jurisdictions have their own say about allowing gambling when it is legal at the state level. Individual cities and counties have the option to ban gambling or prevent casinos from operating.

Gambling Legality - Your Quick Takeaway

Broadly speaking, gambling is not illegal in the US. There are no longer federal laws to ban gambling, unless it is across state lines or involves an online betting platform based in the country.

That said, states are free to make their own laws around gambling, and many have imposed some form of ban. While only Utah and Hawaii ban all forms of gambling outright, it is important to check your state and local laws to find out what types of gambling are legal and illegal in your area.

Is Gambling Illegal Online In The US?