Montana Betting Laws + Gambling Regulations
All across the United States, the hobby of gambling has garnered its fair share of interest and controversy. Those who manage to gamble regularly and responsibly can attest that not only can the hobby provide a great deal of fun and excitement for an entire weekend or for an afternoon, (however each player prefers to do it) but even the chance for a little bit of profit. Get in on this profit by understanding Montana gambling laws.
A smaller, albeit much louder group, shrieks that the onset of legalized gambling is surely a sign of the apocalypse and will be the decline of western civilization as we know it. Unfortunately, it’s this loud group of the moral minority that has succeeded in convincing most average Montana residents that the act of gambling is highly illegal, and that so much as laying down a single bet on a game of chance of future event will have them rotting away in a jail cell.
A brief perusal of federal law will show anyone that this is simply not the case. While it is indeed a serious crime in the eyes of the federal government to facilitate unsanctioned gambling, it is not outlined as a crime to merely participate by placing bets or wagers on traditional casino games or the outcome of sports events. While Montana further regulates the rules and regulations surrounding gambling and its facilitation, this is the general outline that the state uses.
The following webpage will show interested Montana residents that not only is it possible to gamble legally in the state of Montana by guiding them on an in-depth tour of all the related legislation, but it will help to guide residents towards the safest and most legitimate means of gambling possible.
Legality of Gambling in Montana
In a confusing turn with regards to the legality of placing bets and wagers legally in Montana, the state code defines the act of “gambling” in chapter 23-5-112 heading 12 as “risking any money, credit, deposit, check, property, or other thing of value for a gain that is contingent in whole or in part upon lot, chance.” This would seem to be an all-inclusive definition of gambling that would rule out sports betting, traditional casino games, and via the clause that states a game need only be based “in part” on chance, the game of poker as well. However, the state of Montana never goes on to define a punishment for the act, therefore not criminalizing it.
Much of the confusion surrounding the legal status of gambling in Montana comes from the definition of the term “unlawful.” While many feel that the term “unlawful” and “illegal” are synonymous, this is not actually the case. An “unlawful” act merely means that legal literature does not specifically sanction it, where as an “illegal” act is in outright opposition to the law. According to Montana legislation, although “gambling” is “unlawful,” since it is not defined as a crime it is not a criminal act. Therefore, no resident of Montana can be placed under arrest merely for the act of placing bets or wagers on any form of gambling.
This, however, is not to say that all gambling activity in the state of Montana is free for residents to participate in with no fear of prosecution. If a Montana resident is found guilty of “conducting gambling” without the express consent of the state, they will be guilty of a very serious misdemeanor. In addition to a high likelihood of prosecution, this crime, in accordance with chapter 23-5-152 of state code can result in up to one year in jail and a $1000 fine.
It goes without saying that this crime should be avoided, but if a Montana resident does slip up and gets caught, they would be well advised to just take the punishment. If one in Montana attempts to forge or counterfeit any documentation that would make them seem as though they are licensed to “conduct gambling,” they would not only be guilty of a felony, but they could potentially land a prison sentence of up to five years as well as a $50,000 fine.
Montana gambling laws say residents should avoid these actions at all costs!
Difference Between Gambling & Conducting Gambling
Fortunately for players in Montana interested in gambling, the difference between “gambling,” which is not a crime and “conducting gambling,” which will certainly land any resident some jail time runs much deeper than how legal agencies will treat the two acts.
Despite what anyone may think, it always takes at least two parties to gamble. While the first must make the conscious decision to gamble by placing cash on the table in return for the opportunity to win more based on the outcome of a future event (like a presidential election or sports event) or a traditional game of chance, a second party is required to take that money in exchange for keeping up with the event or operating the game. This second party is “conducting gambling.”
However, just so everyone can rest assured that state law enforcement agencies are not breaking down doors looking for every otherwise honest resident who happens to be hosting a game of poker in their home, there is one more vitally important quality in order to be found guilty of “conducting gambling,” the host must make a profit from the gambling event. This does not mean coming out ahead at the end of the night by virtue of good luck and skillful playing, but that the hose put themselves in the position to profit regardless of whether they were placing bets or not.
Some popular means of doing this include but are not limited to collecting a “rake” (a small percentage of each pot collected as a profit to the house) in a poker game, operating a sportsbook in which the offender assumes responsibility for paying out winning bets and collecting money from losing bets, (usually at a profit to themselves,) charging admission for the privilege to play in any game, playing any traditional casino game as the “house,” (who always has the best chances at winning,) or even selling food and drink at a markup throughout the course of the game.
So long as a resident of Montana avoids these specific actions, they will avoid any legal attention or risk or prosecution, making their gambling hobbies completely safe.
Gambling Laws In Montana
Montana Sports Betting Laws
In 1992, the Professional and Amateur Sports Protection Act (or PASPA) was passed through the federal court, effectively prohibiting any states save for four who were grandfathered exceptions from ever sanctioning any land based sports betting. In a strange turn of events, Montana was actually one of the states exempt from this federal law, but the state has still not sanctioned sports betting. In accordance with chapter 23-5-806, the facilitation of sports betting is not allowed anywhere in Montana, even though they are one of only four states who could do so.
As a result, thousands of Montana residents turn to legal online sportsbooks every day as a means to safely, discretely and legally bet on sports. Montana gambling laws allow using these legitimate offshore operations, Montana residents can place bets on any sports they find within the realm of their interest.
Montana Casino Gaming Laws
Although the State of Montana has not sanctioned any land based casinos to be erect within their state lines specifically, there are several federally exempt tribal casinos to be found within Montana, seven to be exact. However, five of these casinos are what is considered Class III gambling facilities, meaning that traditional, live table games are not allowed, only video gambling. Although these games may be played for real money, they may not offer the kind of social experience a casino goer would crave. There are two more facilities that, while still unable to operate as full casinos, at least offer live Bingo.
With these slim pickings spread out across the enormous state of Montana, it’s little wonder that many residents persist in turning to legal online casinos to fulfill their gambling needs. The websites can offer all the video gambling that the brick and mortar casinos in Montana offer, but players need never get out of their pajamas or visit the car.
Montana Poker Laws
In the two class II gambling facilities found in Montana, there are live poker rooms available for residents to play in. In these land based facilities, players can participate in live tournaments with other players or simply play a couple hands for cash as they are fully functioning live poker rooms.
However, the long distance most will have to drive in order to make it to one of the two facilities in the entire state of Montana that offer live poker causes most residents to rely on home games for all their live poker needs. Not only are purely social games exempt from any law in the Montana books, residents are also perfectly within their rights to spend a quiet night in playing online poker, which suits most folks in the quiet, urban landscape of Montana just fine.
Legal Gambling Age In Montana
In Montana, the simple act of gambling is not a crime, and no resident will face any legal punishment for it. However, there is a fairly simple way of destroying all the goodwill that Montana seems to have towards gamblers: attempt to gamble underage. Although Montana is more generous than most states in that they allow their players to gamble as soon as they’re old enough to vote and go to war, however, if anyone in Montana attempts to gamble before they are 18, vicious consequences will have to be paid.
In addition to a punishment from whichever facility the violator is caught gambling underage in, (which will usually include some sort of a ban and the seizure of all funds including winnings) the state of Montana will typically hand down some sort of a steep legal fine as well as legal probation for the guilty party.
|
General |
|---|
| 18 |
|
Lottery |
|---|
| 18 |
|
Casinos |
|---|
| 18 |
|
Poker |
|---|
| 18 |
|
Pari-Mutuel |
|---|
| 18 |
|
Bingo |
|---|
| 18 |
Where Can I Gamble in Montana?
On-Land:
Seven casinos may not seem like a lot to spread out all over the gigantic state of Montana but… well, no, that’s right. In the entire state of Montana there are only seven casinos, and even if one happened to live close enough to the reservations to help these tribal facilities be within a reasonable distance, none of these casinos offer full table games, only video slots and, in the case of two of these casinos, poker rooms. For a true social gambling experience, Montana residents are unfortunately in store for a long drive or an expensive flight.
Online/Web-Based:
Fortunately, though there may be a dearth of land based casinos available for play in the treasure state, there are plenty of legal gambling websites for Montana residents to cut loose and wager a few dollars on. While it’s true that none of the websites indexed on this page are sanctioned within the state of Montana as licensed facilitators of gambling, their offshore location puts them outside the reach of both Montana and federal law, meaning there is no chance of the government shutting them down.
In addition to providing complete gambling sources for Montana players, these sites offer Montana residents a chance to gamble with a legitimate business that is policed by the laws of their native countries as well as the international gaming commissions which certify them. This guarantees gamblers in Montana fair play as well as an insurance policy for their hard earned money.
Gambling Sites That Welcome Montana Residents
Bovada Sportsbook
Bovada - Loaded With Sports & Games MT Players Want
If you live in Montana and you crave the absolute best that a gambling website can offer, you need to check out Bovada. In over 20 years of service to US residents, no gambling network has garnered as much acclaim as this online gambling network for Montana players. Since changing their name from the beloved Bodog to Bovada upon moving to Canada and opening for business to players in the USA, this beloved website has become synonymous with legal and legitimate online gambling.
Don’t want to take our word for it? That’s fine – just look at all the endorsements this website has racked up from media giants like CBS and the USA Today. With a reputation this good, you’ll be able to set aside any concerns you may have over where your hard earned money is headed and focus solely on turning the excellent products at Bovada into a cool profit for you.
Recommended Montana Betting Sites
Need More Help? We Suggest...
This website should not be considered a replacement for consulting a legal professional about Montana gambling laws. While the staff here at MontanaGamblingLaws.com is confident that all the information presented on this page is accurate, it is merely for reference for purposes. Any further questions should be directed to a lawyer or the Montana legislature at leg.mt.gov.