In the state of Minnesota, many residents are interested in gambling online due to a lack of convenient and close by land based options. For interested parties, the trick is not just finding a means to gamble – they’re everywhere – the trick is finding a means to gamble in compliance with state and federal laws. After all, in a game where risk and reward is part of the inherent nature, no player wants to add an additional risk of legal prosecution on top of everything.
This leads to many questions concerning the laws around online gambling, and this page is here to help. In addition to several federal policies that govern gambling, Minnesota residents are also subject to a unique set of laws put forth by their state legislation that apply to all who wish to gamble in Minnesota. The following page will not only dissect federal policy on gambling, but also help to break down the finer points of state law so that Minnesota players can garner a full understanding of the laws that govern their ability to access Minnesota gambling sites.
Unfortunately, things are not always as simple as can be. While the state of Minnesota essentially follows the same pattern as the federal policy when it comes to online gambling, there are a few clauses in the state constitution worth noting. While Minnesota never mentions online gambling in their state constitution, players should defer to federal law and any state policies that could apply.
609.75.2 - The state of Minnesota does not use the term “gamble,” but they do define a “bet.” We can see here that casino games, poker, and sports betting would all qualify as a “bet.” While the letter of the law technically says this is a crime, the intent of the law is always more important. We feel that fact that no Minnesota resident has ever been brought up on charges for gambling speaks clearly to the intent of the law. Just so long as a player stays away from illicit gambling operations, they run no risk of legal prosecution.
609.76.1 - We can see here that, just as with federal law, it is those who facilitate gambling that really run the legal risk. Not only will Minnesota charge these crimes with extreme prejudice, but also the penalty is steep.
609.76.2 - Clearly defines charge for illegal bookmaking operations. In Minnesota, anyone caught taking wagers on sports or games of skill stands to be charged with a felony.
609.761.3 - This section does one thing: protects the sanctity of the home poker game amongst friends. Thanks to this clause in Minnesota policy, no resident has to worry about the police breaking up their after-work poker game.
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The first and most important thing to understand about any laws that govern legal gambling for Minnesota residents, whether online or on land is this: playing these games or participating in betting is legal. In all three of the major gambling polices passed through the US senate, mere players are specifically exempt from any legal responsibility. In fact, these laws serve only to target the facilitators of gambling or betting and break up large organized crime syndicates. The federal government is not interested in otherwise honest citizens who place a wager.
With that in mind, the law with which it all began passed in 1961, called the Federal Wire Act. This was the very first federal law that affected any sort of gambling, and it still applies today, predominantly to sports betting. This law prevents any bookmaker from transmitting information across state borders using a public wire facility. This may sound dated, but as recently as 2011 the Supreme Court ruled that the internet counts as such a facility, meaning it’s impossible to place bets with a US based sportsbook outside of the state it operates in. This went even further in 1992 once the PASPA (Professional and Amateur Sports Protection Act) passed at the behest of then-NBA commissioner David Stern. This law outright prohibits the facilitation of sports betting anywhere except Oregon, Montana, Delaware and, of course, Nevada.
We now have two laws that govern online sports betting, but we have not touched on online casinos or poker rooms. In 2006, the Congress realized this oversight as well, and tacked the UIGEA (Unlawful Internet Gambling Enforcement Act) onto the Safe Port Act and brought an end to US run gambling sites. This act criminalized the operation of any gambling site in the country and restricted a player’s ability to receive winnings on their credit card.
We have already established that none of these laws affect the player, but how can a Minnesota resident gamble online with a legal establishment? While all of these laws would instantly shut down any gambling networks discovered in the US, but the internet has made the world a small place. By signing up with offshore, legal gambling sites for Minnesota residents, players may gamble online legally with a legal business.
We have learned that it is possible to gamble online legally in the state of Minnesota. However, if a player is under 18, these laws do not apply. Minnesota strictly prohibits underage gambling, and they will enforce penalties including steep legal fines and even jail time for offenders.
Now that Minnesota residents know it’s possible to gamble legally from the comfort of home, there should be nothing stopping them from logging on and watching the money pour in. The state of Minnesota allows responsible online gambling, so we think that interested residents should treat themselves.
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