Originally Posted by skingwvu
Good time to ask about the poker laws in NC. Home games here in PA only get busted if the house is operating for a profit....i.e. if there is a rake. Any info would be great.
Well the good news is that poker is only a misdemeanor. The bad news is that its illegal whether you're playing in the game, running the game, taking a rake or not taking a rake.
Unfortunately, while the NC anti-gambling statute is written in such a way as to exclude gambling on games of skill (i.e. you can play pool, or bowl for money) in just the past 18 months or so the court of appeals in NC said that poker was not a game of skill in an opinion that makes it sound to me like the case was pretty poorly tried on our side of things.
The only games I've heard about being busted are big, for profit affairs, that attract 30 plus people on any given night. But that doesn't make the small home games legal.
Interestingly enough, the NC ban on Video poker was just struck down by a trial court judge in a suit against the state of NC. (The ruling is on hold while the case is appealed to the NC court of appeals). Since there much less skill involved in video poker one would think that ultimately this would be favorable for the fate of poker in NC. The reasoning of the judge is that since NC has one Indian casino in which video poker is allowed the state can not ban video poker everywhere else in the state.
The significance of that ruling is that there is a rumor that, starting on friday, the NC Cherokee casino is putting in five poker tek poker tables see this thread
However, at the moment, unfortunately, poker is illegal in NC.
In related news, a trial court judge in SC ruled in the last few weeks that poker is a game of skill. However, that may not make a difference in SC since any game played with cards or dice, such as monopoly, is illegal in South Carolina, although the attorney general for the state has always taken the position that they only prosecute games of chance. Also the ruling was at the trial court level and so has no authority to bind any other court or judge.