C.F.R. » Title 25 » CHAPTER III—NATIONAL INDIAN GAMING COMMISSION, DEPARTMENT OF THE INTERIOR › SUBCHAPTER A—GENERAL PROVISIONS › PART 502—DEFINITIONS OF THIS CHAPTER

25 C.F.R. § 502.8

Electronic or electromechanical facsimile

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Electronic or electromechanical facsimile means a game played in an electronic or electromechanical format that replicates a game of chance by incorporating all of the characteristics of the game, except when, for bingo, lotto, and other games similar to bingo, the electronic or electromechanical format broadens participation by allowing multiple players to play with or against each other rather than with or against a machine.

[67 FR 41172, June 17, 2002]
Notes of Decisions
Cited in 8 cases, 1993–2003 · leading case: Cabazon Band of Mission Indians v. Nat'l Indian Gaming Comm'n, 827 F. Supp. 26 (D.D.C. 1993).
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Cabazon Band of Mission Indians v. Nat'l Indian Gaming Comm'n, 827 F. Supp. 26 (D.D.C. 1993). · cites it 4× “§ 2703 (7)(B)(ii) and 25 C.F.R. § 502.8 . The former may be used with respect to bingo, a class II game; the latter are relegated to class III.”
Diamond Game Enter., Inc. v. Reno, 9 F. Supp. 2d 13 (D.D.C. 1998). · cites it 3× “” 25 C.F.R. § 502.8 . The Commission therefore incorporated the Johnson Act’s definition of “gambling device” into its regulatory scheme making an “electromechanical facsimile” of a Class II gaming device unlawful.”
United States v. 162 MegaMania Gambling Devices, 231 F.3d 713 (10th Cir. 2000). “” 25 C.F.R. § 502.8 . Thus, the definition of electromechanical facsimile incorporates the Johnson Act’s definition of a gambling device.”
Diamond Game Enter., Inc. v. Reno, 230 F.3d 365 (D.C. Cir. 2000). “” 25 C.F.R. § 502.8 . Predating IGRA by more than 30 years, the Johnson Act prohibits the use of gambling devices on federal land, in interstate commerce, and in “Indian country.”
United States v. Santee Sioux Tribe of Nebraska, 324 F.3d 607 (8th Cir. 2003). “25 C.F.R. § 502.8 (July 17, 2002). 4 Furthermore, the regulations effective July 17, 2002, define an “aid” as an electronic, computer, or other technologic device that assists the playing of a game.”
Cabazon Band of Mission Indians v. Nat'l Indian Gaming Comm'n, 14 F.3d 633 (D.C. Cir. 1994). · cites it 2× “7 ); and “electronic or electromechanical facsimile” ( 25 C.F.R. § 502.8 ). Judge Lamberth’s cogent opinion rejected each of the Tribes’ arguments against these regulations as “either moot or meritless.”
United States v. 103 Elec. Gambling Devices, 223 F.3d 1091 (9th Cir. 2000). “25 C.F.R. § 502.8 (defining “electronic facsimile” under IGRA as “any gambling device as defined in 15 U.”
United States v. Santee Sioux Tribe, No. 02-1503 (8th Cir. Mar. 20, 2003). “25 C.F.R. § 502.8 (July 17, 2002).4 Furthermore, the regulations effective July 17, 2002, define an "aid" as an electronic, computer, or other technologic device that assists the playing of a game.”
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