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Regulation and legality of Montana online gambling

Online gambling is illegal in the state of Montana. Here’s what their criminal code has to say about the matter:

23.5.156 offers a misdemeanor penalty for any illegal gambling device or illegal gambling enterprise in which, “A person who, in an activity involving gambling, offers or obtains money, property, or anything of value that does not exceed $750 in value by misrepresentation, fraud, or the use of an illegal gambling device or an illegal gambling enterprise is guilty of a misdemeanor and is punishable as provided in 23-5-161.” If it is over $750, the language is the same and it is a felony punishable by 23-5-162.

While all this sounds scary, the reality is that anti-iGaming laws are never enforced to prosecute a player.

Even though Montana is not a ‘grey area’ state by definition, it can still be considered as such because people gamble on a daily basis and are never questioned, detained, or prosecuted. Law enforcement might turn a blind eye towards the activity, but it’s still illegal. Therefore, everything you do is at your own responsibility.

Usually, you would see a complete absence of any online gambling activity in the state, but there’s a legal loophole that prevents this. According to Montana laws, only in-state cases can be prosecuted. This doesn’t affect offshore casinos in the slightest, and they happily welcome players from Montana into their ranks.

Since these online casinos can’t get in trouble for doing so, Montanans have the ability to choose between a plethora of sites based in other parts of the world. This is a great ‘problem’ to have, but it also means that you’re unprotected in case of fraud.

If you get swindled, no regulatory body can help you because the interaction between you and the casino was made outside the law. This doesn’t mean it’s illegal, it’s just that protection is imposed by laws. And since online gambling isn’t covered by any part of Montanan legislature, you aren’t entitled to legal assistance.

Whether there will be legal Montana online casinos or not is up for debate. On one hand, sports betting has already been legalized and land-based venues are on every corner. Even private establishments can vie for a license and have only 2-3 slot machines. On the other hand, table games are illegal, and the State Lottery Commission controls everything. Thus, it’s safe to say that the legalization of online gambling can go both ways in Montana.

Online gambling has been outlawed in the Big Sky Country since 2005. Montana’s criminal code targets website operators, stating clearly that they are not allowed to offer gambling services online in the state. On a larger scale, Montana is one of the few states whose gaming laws specifically mention online gambling.

According to the section 23-5-112 of the Montana Code, running an online gambling business in the state is unlawful. MT lawmakers have gone far enough to prohibit people from wagering money on games of skill over the internet, as well. However, a plethora of offshore websites are keen on accepting players from MT, offering hundreds of video slots, a wide range of table games, video pokers and beyond. State legislators don’t seem to have the intention to revisit the online gaming topic. Until the MT online market is regulated and legalized, offshore sites will continue to operate supported by Montana-based gamblers.

 

Gambling history in Montana

For a state with a relatively small population, Montana has quite a wide choice of gaming options today. Through history, Montana has had a turbulent, but mostly loving relationship with gambling. Even before it became a territory, Montana was populated by Native Americans who used to bet on archery contests and horse racing.

Come the settlers, and card games altered the face of gambling for good. In the ‘territory days’, games like faro and three-card monte were played throughout the Big Sky Country. After a bloody incident with some miners and swindlers, three-card monte was banned in Montana territory in 1864.

During these early years, poker was also immensely popular, and people were known to bet their horses, guns, watches, mining claims, even ranches on poker tables.

The first Montana constitution outlawed gambling in 1889. Gambling activities persisted due to not drawing too much attention of the law enforcement. The Hickey Law, passed in 1937, allowed blackjack, dominoes, bridge and other games typical of ‘cigar and drug stores’. Saloons took advantage of this and posed as nonprofit corporations, allowing ‘members only’ sections. Raids in the 50s ended these establishments.

Bingo halls also suffered suppression in the following decades, but the luck on gambling changed in 1972 when the new state constitution was put into effect. It legalized bingo, raffles, poker, video poker machines and other card games. Four years later, the Montana State Lottery was founded. Montana gamblers can now bet on horses, table and card games, keno, slots and more.

 

Montana Land based casinos

There are proper casinos in Montana, and there are bars and taverns, local gas stations, cafés, and convenience stores offering gambling services. There are also several racetracks. In order to operate a gambling facility, the owner needs to possess an appropriate license. By the letter of the Montana law, the business must also hold a liquor license. Taverns and bars can have up to 20 video gaming devices. The machines print out a receipt instead of paying a direct amount in cash; the most you can bet on these video poker, video keno, or video bingo cabinets is $2 and you can’t win more than $800.

The Treasure State does not have any major casino and hotel resorts, but it does have multiple racetracks and tribal casinos. The most notable racetrack is Yellowstone Downs, known and frequented for the summer races. There are less than a dozen tribal casinos, products of state compacts with Cheyenne, Crow, Fort Peck, and Rocky Boy Native American Tribes. All of them feature Class II video gaming devices. Players of at least 18 years of age can visit any gambling establishment in Montana.

If you wish to experience Montana tribal gambling, you may consider visiting venues such as Gray Wolf Peak Casino, Apsaalooke Nights Casino and Charging Horse Casino. Gray Wolf Peak is open 24/7, has free parking and 2 restaurants. Apsaalooke Nights Casino is 4,000-feet facility open 10 am – 2 am every day. Charging Horse Casino is open from 8 am to 2 am daily, offers bingo from Wednesday to Saturday and Class II slots.

Poker is the most played card game and many bars have gambling licenses and offer poker tables. There are poker rooms in Casey’s Whitefish, Crystal Lounge, Montana Nugget and Oxford Saloon, to name a few.

Neighbouring States: Idaho, North Dakota, South Dakota, Wyoming

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