15 U.S.C. § 1172
Transportation of gambling devices as unlawful; exceptions; authority of Federal Trade Commission
(a) General ruleIt shall be unlawful knowingly to transport any gambling device to any place in a State or a possession of the United States from any place outside of such State or possession: Provided, That this section shall not apply to transportation of any gambling device to a place in any State which has enacted a law providing for the exemption of such State from the provisions of this section, or to a place in any subdivision of a State if the State in which such subdivision is located has enacted a law providing for the exemption of such subdivision from the provisions of this section, nor shall this section apply to any gambling device used or designed for use at and transported to licensed gambling establishments where betting is legal under applicable State laws: Provided, further, That it shall not be unlawful to transport in interstate or foreign commerce any gambling device into any State in which the transported gambling device is specifically enumerated as lawful in a statute of that State.
(b) Authority of Federal Trade CommissionNothing in this chapter shall be construed to interfere with or reduce the authority, or the existing interpretation of the authority, of the Federal Trade Commission under the Federal Trade Commission Act [15 U.S.C. 41 et. seq.].
(c) ExceptionThis section does not prohibit the transport of a gambling device to a place in a State or a possession of the United States on a vessel on a voyage, if—(1) use of the gambling device on a portion of that voyage is, by reason of subsection (b) of section 1175 of this title, not a violation of that section; and(2) the gambling device remains on board that vessel while in that State.(Jan. 2, 1951, ch. 1194, § 2, 64 Stat. 1134; Pub. L. 87–840, § 4, Oct. 18, 1962, 76 Stat. 1075; Pub. L. 102–251, title II, § 202(a), Mar. 9, 1992, 106 Stat. 61.)Editorial NotesReferences in TextThe Federal Trade Commission Act, referred to in subsec. (b), is act Sept. 26, 1914, ch. 311, 38 Stat. 717, which is classified generally to subchapter I (§ 41 et seq.) of chapter 2 of this title. For complete classification of this Act to the Code, see section 58 of this title and Tables.
Amendments1992—Pub. L. 102–251, § 202(a)(1), (3), (4), designated existing provisions as subsecs. (a) and (b), inserted headings, and added subsec. (c).
Pub. L. 102–251, § 202(a)(2), which directed that “, District of Columbia,” be struck out in subsec. (a), was executed by striking out “, the District of Columbia,” after “place in a State” and “outside of such State” to reflect the probable intent of Congress.
1962—Pub. L. 87–840 excepted gambling devices used or designed for use at and transported to licensed gambling establishments where betting is legal under State laws, and provided that it shall not be unlawful to transport such devices into any State in which the device is specifically enumerated as lawful in a State statute.
Statutory Notes and Related SubsidiariesEffective Date of 1962 AmendmentAmendment effective on sixtieth day after Oct. 18, 1962, see section 7 of Pub. L. 87–840, set out as a note under section 1171 of this title.
Notes of Decisions
United States v. Bally Mfg. Corp., 345 F. Supp. 410 (E.D. La. 1972).
· cites it 6× “As this argument goes, since Louisiana permits machines which pay off in merchandise, the proviso in 15 U.S.C. § 1172 governs and, accordingly, the indictment must fall for lack of the “illegal activity” essential to a charge brought under 18 U.”
State v. 192 Coin-Operated Video Game MacHines, 525 S.E.2d 872 (S.C. 2000).
· cites it 2× “Appellant relies on the Gambling Devices Transportation Act, 15 U.S.C. § 1172 (a) (1997), which provides: It shall be unlawful knowingly to transport any gambling device to any place in a State or a possession of the United States from any place outside of such State or…”
United States v. Sharpnack, 355 U.S. 286 (1958).
· cites it 2× “1134 , 15 U. S. C. § 1172 , prohibiting the transportation of gambling devices in interstate commerce, provides that a State may exempt itself from the Act.”
Ex Parte Ted's Game Enter., 893 So. 2d 376 (Ala. 2004).
· cites it 2× “' Federal law, 15 U.S.C. § 1172 (a), provides: "`That it shall not be unlawful to transport in interstate or foreign commerce any gambling device into any State in which the transported gambling device is specifically enumerated as lawful in a statute of that State.”
Nilva v. United States, 212 F.2d 115 (8th Cir. 1954).
· cites it 2× “, a Minnesota corporation, did knowingly and contrary to the provisions of 15 U.S.C.A. § 1172 by means of motor vehicle transport approximately thirty-eight gambling devices as defined by 15 U.”
United States v. Elmer Cummings, 507 F.2d 324 (8th Cir. 1974).
· cites it 2× “After a trial to the court, Elmer Cummings was convicted of two counts of knowing interstate transportation of gambling devices in violation of 15 U.S. C. § 1172. He appeals, alleging that the trial court erred in not suppressing certain evidence which had been seized pursuant…”
United States v. James Waldo McCormick, 309 F.2d 367 (7th Cir. 1962).
· cites it 2× “James Waldo McCormick, defendant, has appealed from a judgment of the district court convicting him, following a trial by the court without a jury, of viola *368 tion of 15 U.S.C.A. § 1172 and 18 U.S.C. § 371 , as charged in two counts of an indictment.”
Ysleta Del Sur Pueblo v. State of Tex., 852 F. Supp. 587 (W.D. Tex. 1993).
· cites it 2× “JOHNSON ACT The State contends that the transportation of any gambling devices would be illegal under the Johnson Act, 15 U.S.C. § 1172 . Gambling devices are defined as, among other things, any slot machine or other: machine or mechanical device (including, but not limited to,…”
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