COMMENTS PLEASE! - Is Utah making private ownership of slot machines illegal?

[sirius7]

I'm not a lawyer, but I'm concerned after reading the text just released by the State Legislature for a proposed bill that it could possibly make owning and operating a slot machine for private amusement use illegal.


The original law stated (and still does, they didn't change this part) the following regarding ownership:


"(1) A person is guilty of possessing a gambling device or record if the person knowingly possesses the gambling device or record with intent to use the gambling device or record in gambling or fringe gambling."

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So clearly, it is still legal to own a machine if you don't intend to use it for gambling.  So far so good.


But they are trying to add the following (among other things):


"76-10-1110. Fringe gaming devices.        (1) Notwithstanding any other provision in Title 76, Chapter 10, Offenses Against Public Health, Safety, Welfare, and Morals, it is unlawful for any person to operate, place into operation, or allow a person to place into operation a fringe gaming device."

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The proposed purpose of this legislation is to stop people from setting up "fringe gambling" machines in convenience stores etc by exploiting loopholes in the law modifications they made last year.


The questions are:


1) What does it mean to "place into operation"?  Does that mean flipping on the power switch, or does that mean turning on the machine and letting people use it for gambling?


2) A "regular" slot machine isn't a "fringe gambling device", it's simply a "gambling device", so does this apply?  Could this bill be misconstrued / interpreted in a way to make using a slot machine for amusement purposes only illegal?


To all my fellow Utah residents on these forums, we need to get to the bottom of this and make sure our rights to private ownership for amusement purposes are preserved.  While it does still appear to be legal to possess them, I'm concerned this bill might be overreaching and infringing on our rights.  Again, I'm not a lawyer, and I haven't yet reached out for clarification (the bill text was just published today).

The bill sponsor is State Senator Karen Mayne, her phone # is 801-232-6648, and her email is kmayne@le.utah.gov

Here's a news story about the bill:

https://www.sltrib.com/news/politics/2020/02/27/utah-bill-aims-crack-down/

Here is the text of the proposed changes:

https://le.utah.gov/~2020/bills/static/SB0214.html


I hope I am wrong and this doesn't infringe on our rights to engage in this hobby that hundreds if not thousands of Utahns have enjoyed for so many years.  The bill's sponsor complained that those engaging in fringe gambling have violated the spirit of the law by exploiting loopholes.  I don't think turning people like my 75-year old mother into a criminal for playing her slot machine in the privacy of her own home for amusement only is in the spirit of the law either.


If anyone on the forums has a law background I'd be interested in your interpretation.

[dailey]

Slot machines are illegal in Utah, privately owned or otherwise.

[sirius7]

Slot machines are illegal in Utah, privately owned or otherwise.

Since when?


If you read current Utah law it comes down to intent.  It isn't illegal to own a machine if you don't intend to use it for gambling.  The moment you use it for gambling, slot ownership becomes illegal.  Meaning you will charged not only with gambling, but also with illegal ownership of the machine as a separate crime (which can also be confiscated).

[dailey]

Sorry, I got some bad information.  I did a web search and got conflicting results. One site says private ownership of slots is legal in Utah, another says not legal.

[jay]

Can you own dice ? a deck of cards ? Using your opposable thumb can you flip a coin ?

how many flys will be on the strip come morning …...

My point is that you can gamble on anything …. or not.



Is it legal to own an animated lamp
If you change to tokens and disable the bill validator is it still a slot machine ?
Nothing wagered, nothing gained.

[knagl]

If anyone on the forums has a law background I'd be interested in your interpretation.

I'm not a lawyer.  Have you considered reaching out to the bill's sponsor whose contact information you posted in your original post?  I'd politely explain that as a resident of Utah and a hobby collector of slot machines for your own personal entertainment and never for actual gambling, you're concerned that the wording of the bill would infringe on your continued right to privately own a slot machine for hobby use.  You could perhaps suggest that wording be added to the bill that specifically allows for private ownership of machines for hobby purposes (ie. no gambling permitted).

[sirius7]

That is what I am planning to do, but I wanted to give everyone in Utah a heads up in case we need to do some lobbying.  Not sure how fast this bill will move, might not be much time.

If anyone on the forums has a law background I'd be interested in your interpretation.

I'm not a lawyer.  Have you considered reaching out to the bill's sponsor whose contact information you posted in your original post?  I'd politely explain that as a resident of Utah and a hobby collector of slot machines for your own personal entertainment and never for actual gambling, you're concerned that the wording of the bill would infringe on your continued right to privately own a slot machine for hobby use.  You could perhaps suggest that wording be added to the bill that specifically allows for private ownership of machines for hobby purposes (ie. no gambling permitted).