15 U.S.C. § 1178

Nonapplicability of chapter to certain machines and devices

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None of the provisions of this chapter shall be construed to apply—(1) to any machine or mechanical device designed and manufactured primarily for use at a racetrack in connection with parimutuel betting,(2) to any machine or mechanical device, such as a coin-operated bowling alley, shuffleboard, marble machine (a so-called pinball machine), or mechanical gun, which is not designed and manufactured primarily for use in connection with gambling, and (A) which when operated does not deliver, as a result of the application of an element of chance, any money or property, or (B) by the operation of which a person may not become entitled to receive, as the result of the application of an element of chance, any money or property, or(3) to any so-called claw, crane, or digger machine and similar devices which are not operated by coin, are actuated by a crank, and are designed and manufactured primarily for use at carnivals or county or State fairs.(Jan. 2, 1951, ch. 1194, § 9, as added Pub. L. 87–840, § 6, Oct. 18, 1962, 76 Stat. 1077.)Statutory Notes and Related SubsidiariesEffective Date

Section effective on sixtieth day after Oct. 18, 1962, see section 7 of Pub. L. 87–840, set out as an Effective Date of 1962 Amendment note under section 1171 of this title.

Notes of Decisions
Cited in 5 cases, 1965–2012 · leading case: United States v. One Hundred Thirty-Seven (137) Draw Poker-Type MacHines & Six (6) Slot MacHines, 606 F. Supp. 747 (N.D. Ohio 1984).
United States v. One Hundred Thirty-Seven (137) Draw Poker-Type MacHines & Six (6) Slot MacHines, 606 F. Supp. 747 (N.D. Ohio 1984). · cites it 4× “by virtue of any exception contained in 15 U.S.C. § 1178 or any other section of Chapter 24.”
United States v. Dicristina, 886 F. Supp. 2d 164 (E.D.N.Y 2012). · cites it 2× “15 U.S.C. § 1178 (2) (“None of the provisions of this chapter shall be construed to apply .”
United States v. Two Coin-Operated Pinball MacHines, 241 F. Supp. 57 (W.D. Ky. 1965). “by virtue of any exception contained in 15 U.S.C. § 1178 or any other section of Chapter 24.”
United States v. Thirteen (13) Gambling Devices, 559 F.2d 201 (2d Cir. 1977). “§ 1172 or 15 U.S.C. § 1178 , and that the evidence established that Horner “was well aware of the nature, function and use of the machines .”
United States v. H. M. Branson Distrib. Co., 398 F.2d 929 (6th Cir. 1968). “Claimants assert that the respondents are not subject to forfeiture and seizure by reason of the fact that they are exempt pinball machines within the meaning of 15 U.S.C. § 1178 (2). FIFTH DEFENSE. Claimants assert that the Act of Congress involved herein and the application…”
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