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Regulation and legality of online gambling

Online gambling is illegal in Nebraska. According to the state’s criminal code, any instance of illegal gambling activity that results in less than $500 is wagered is classified as a misdemeanor.

Interestingly, this is the only violation that targets players, as instances of more than $1,000 being wagered result in the operator receiving charges for Promoting Gambling in the Second Degree.

This leads us to conclude that the worst-case scenario for Nebraskan players is a Class IV misdemeanor. If you were thinking that offshore casinos are the solution to the legal gambling problem in Nebraska, think again.

The legislation doesn’t view online gambling at an offshore casino as a viable defense when facing illegal gambling chargers. To make matters even worse, it doesn’t matter if the casino is based in a jurisdiction where gambling is fully legal. All of this sounds scary, doesn’t it?

Certainly, but there’s a catch. No one has ever gotten in trouble for playing at Nebraska online casinos. Even though the activity is illegal according to several laws, everyone seems to turn a blind eye to the state’s bustling iGaming scene.

When it comes to future developments, it’s unlikely that Nebraska will display any autonomous efforts to legalize online casino games. Currently, horse racing, lottery, bingo, keno, and Class II venues are the only sources of gambling activity in the state.

Nebraska has always leaned more towards the conservative side, so don’t expect anything to happen soon. Even if it did, it would most likely be a legalization effort with another state, so that Nebraska doesn’t have to build its own infrastructure. For now, you can bet at offshore sites and not get in trouble.

 

Gambling in Nebraska: History

Officially, all forms of gambling were illegal up to 1934. That was when the Nebraska State Constitution was amended to permit pari-mutuel horse racing on licensed racetrack enclosures. Charity bingo was introduced in 1958. Raffles, lotteries and gift enterprises were regulated in 1967. Racing enterprises included off-track betting options in 1988 and the state lottery was established in 1992. A few tribal casinos were added to the Nebraska gambling scene in the 2000s, but the wagering choices barely expanded to Class II gaming machines and table games. Keno can be found throughout the state, but the game has experienced certain controversies. For example, some players figured out the RNG of a keno game at a restaurant in St. Mary in January 2016 and won around $150,000.

Nebraskans enjoy far less gambling options than they did back in the day, but the market is alive and well as it is, and it’s unclear if there will be any changes any time soon. There was a debate to legalize commercial casinos in 2012, but it barely made it to the committee where it died.

The state constitution in Nebraska does not specifically address online gaming. On the other hand, the terms ‘computer gaming device’ and ‘electronic gaming device’ are mentioned in the general definition of illegal gambling outlined in section 28-1101 (4). The grey area in Nebraska is leaning towards the illegal, but, in reality, no one has ever been arrested for gambling online in the state, or prosecuted. The laws should be more explicit. The way things are, any laptop, smartphone, tablet, or VR headset could be considered an illegal gambling device. It also could not. No internet gambling crimes have been committed, and players are confident enough to play at offshore gaming websites.

 

Land based casinos

No, there are no commercial casino venues in Nebraska. The alternatives are 4 tribal casino facilities and racetracks locations. The following casinos operate under the 1988 Indian Gaming Regulatory Act: Iron Horse Bar & Casino, Lucky 77, Native Star Casino, and Ohiya Casino. They are owned and run by the Winnebago Tribe, the Santee Sioux Tribe and the Omaha Tribe. All these venues can’t offer Class III casino games. Instead, they are allowed to feature Class II gaming items like slot machines, keno, bingo, and live keno. The slot machines aren’t Vegas-style. They deliver results which are based on bingo cards, as opposed to Class III slots which have RNGs.

Iron Horse Bar & Casino is located in Emerson. It is open 6 days a week (opens at 10 am, closed on Mondays). The lobby contains nearly 90 gaming machines, including progressive jackpots. It has a restaurant and only accepts patrons that are over 21 years of age. The Native Star Casino is located on the main street in Winnebago. It has over 83 gaming machines and accepts players as young as 19. Native Star offers free beverages and the services of the Rock River Grill which includes daily lunch specials and a salad bar. The Lucky 77 Casino is in Walthill, and much the rest of the Native American gaming facilities it boasts Class II gaming excitement. Opening hours are Monday-Thursday 10 am - 2 am, Friday & Saturday 10 am - 4 am and Sunday 12 pm - 11 pm. Ohiya Casino & Resort is situated east of Niobrara. It opened in 2013 and features over 400 gaming machines. It also includes a hotel, dining facilities and a lounge. One of the amenities is the Four Winds Event Hall, which hosts artists, comedians and musicians to provide live entertainment on a regular basis.

Four Nebraska racetrack venues offer thoroughbred horse races and live betting. The horse racing lobby in the state opposes the possible introduction of commercial casinos, as it would jeopardize their revenue. The solution would be to turn the racetracks into racinos, which has worked well in many other states, but the idea is yet to be embraced in the Cornhusker State. Nebraskans who want to enjoy proper casino gambling usually cross the state limits and go to Iowa, South Dakota or Kansas for their piece of the action.

Neighbouring States: Colorado, Iowa, Kansas, Missouri, South Dakota, Wyoming

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