Iowa Code

Iowa Code § 725.9 (2026)

Possession of gambling devices prohibited — exception for manufacturing

✓ current as of July 2026
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1. “Antique slot machine” means a slot machine which is twenty-five years old or older. 2. “Gambling device” means a device used or adapted or designed to be used for gambling and includes, but is not limited to, roulette wheels, klondike tables, punchboards, faro layouts, keno layouts, numbers tickets, slot machines, pachislo skill-stop machine or any other similar machine or device, push cards, jar tickets and pull-tabs. However, “gambling device” does not include an antique slot machine, or any device regularly manufactured and offered for sale and sold as a toy, except that any use of such a toy or antique slot machine for gambling purposes constitutes unlawful gambling. 3. A person who, in any manner or for any purpose, except under a proceeding to destroy the device, has in possession or control a gambling device is guilty of a serious misdemeanor. 4. This chapter does not prohibit the possession of gambling devices by a manufacturer or distributor if the possession is solely for sale out of the state in another jurisdiction where\n\nTue Dec 09 21:55:39 2025 Iowa Code 2026, Chapter 725 (25, 1) §725.9, VICE 4\n\npossession of the device is legal or for sale in the state or use in the state if the use is licensed pursuant to either chapter 99B or chapter 99G. [S13, §4965-a; C24, 27, 31, 35, 39, §13210; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §726.5; C79, 81, §725.9] 85 Acts, ch 32, §118; 86 Acts, ch 1052, §3; 90 Acts, ch 1062, §2; 2003 Acts, ch 178, §117, 121; 2003 Acts, ch 179, §142; 2007 Acts, ch 38, §9, 10 Referred to in §99A.1, 99B.53, 99B.62, 725.15 Possession of gambling devices, see chapter 99A

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Notes of Decisions
Cited in 7 cases, 1977–2018 · leading case: Mall Real Est., L.L.C., an Iowa Ltd. Liab. Co. v. City of Hamburg, an Iowa Mun. Corp., 818 N.W.2d 190 (Iowa 2012).
Mall Real Est., L.L.C., an Iowa Ltd. Liab. Co. v. City of Hamburg, an Iowa Mun. Corp., 818 N.W.2d 190 (Iowa 2012). · cites it 24× “11’s predecessor, Iowa Code section 725.9 (1975), preempted the city from enacting an ordinance regulating material that is regulated by the state.”
Chelsea Theater Corp. v. City of Burlington, 258 N.W.2d 372 (Iowa 1977). · cites it 9× “The trial court held that § 725.9, The Code, deprives the City of authority to enact an ordinance regulating the availability of obscene materials.”
Banilla Games, Inc. v. Iowa Dep't of Inspections & Appeals, 919 N.W.2d 6 (Iowa 2018). · cites it 4× “10(1) (2015) 1 and are therefore *11 not illegal gambling devices under section 725.9. It amended its petition on April 15.”
H & Z Vending v. Iowa Dep't of Inspections & Appeals, 511 N.W.2d 397 (Iowa 1994). · cites it 14× “Petitioner, H & Z Vending, appeals from a judgment of the district court upholding a determination of the Iowa Department of Inspections and Appeals that petitioner’s electronic amusement devices are unlawful gambling devices under Iowa Code section 725.9 (1991). Upon reviewing…”
Diehl v. Iowa Beer & Liquor Control Dep't Hearing Bd., 422 N.W.2d 480 (Iowa 1988). · cites it 8× “, Iowa Code § 725.9 (1979). An amendment removed this language.”
In Re the Prop. Seized on or About November 14-15, 1989, 501 N.W.2d 482 (Iowa 1993). · cites it 2× “10, the machines are otherwise not gambling devices, the controlling definition is found in Iowa Code section 725.9(3). That statute provides: “Gambling device” means a device used or adapted or designed to be used for gambling and includes, but is not limited to, roulette…”
H & Z Vending v. Iowa Dep't of Inspections & Appeals, 593 N.W.2d 168 (Iowa Ct. App. 1999). · cites it 4× “7 and that its use and activity does not contradict Iowa Code section 725.9. The department held that the game of “fraternal poker” was not a game of chance under Iowa Code sections 99B.”
— Iowa Code § 725.9(3) — 1 case
In Re the Prop. Seized on or About November 14-15, 1989, 501 N.W.2d 482 (Iowa 1993). “10, the machines are otherwise not gambling devices, the controlling definition is found in Iowa Code section 725.9(3). That statute provides: “Gambling device” means a device used or adapted or designed to be used for gambling and includes, but is not limited to, roulette…”
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