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Title 15 — Commerce and Trade

Chapter 24 — Transportation of Gambling Devices

§ 1172. Transportation of gambling devices as unlawful; exceptions; authority of Federal Trade Commission

Statutory text

(a)

General rule

It shall be unlawful knowingly to transport any gambling device to any place in a State or a possession of the United States from any place outside of such State or possession: Provided, That this section shall not apply to transportation of any gambling device to a place in any State which has enacted a law providing for the exemption of such State from the provisions of this section, or to a place in any subdivision of a State if the State in which such subdivision is located has enacted a law providing for the exemption of such subdivision from the provisions of this section, nor shall this section apply to any gambling device used or designed for use at and transported to licensed gambling establishments where betting is legal under applicable State laws: Provided, further, That it shall not be unlawful to transport in interstate or foreign commerce any gambling device into any State in which the transported gambling device is specifically enumerated as lawful in a statute of that State.

(b)

Authority of Federal Trade Commission

Nothing in this chapter shall be construed to interfere with or reduce the authority, or the existing interpretation of the authority, of the Federal Trade Commission under the Federal Trade Commission Act [15 U.S.C. 41 et. seq.].

(c)

Exception

This section does not prohibit the transport of a gambling device to a place in a State or a possession of the United States on a vessel on a voyage, if—

(1)

use of the gambling device on a portion of that voyage is, by reason of subsection (b) of section 1175 of this title, not a violation of that section; and

(2)

the gambling device remains on board that vessel while in that State.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 81–1194 § 2 · 64 Stat. 1134

    Enacted · 15 U.S.C. § 1172

    Jan. 2, 1951, ch. 1194, § 2, 64 Stat. 1134

    Source evidence

    Code source credit
    Jan. 2, 1951, ch. 1194, § 2, 64 Stat. 1134

    Enacted provision · exact public law section
    Sec. 2. It shall be unlawful knowingly to transport any gambling Transportation. device to any place in a State, the District of Columbia, or a possession of the United States from any place outside of such State, the District of Columbia, or possession: Provided, That this section shall not apply to transportation of any gambling device to a place in any State which has enacted a law providing for the exemption of such State from the provisions of this section, or to a place in any subdivision of a State if the State in which such subdivision is located has enacted a law providing for the exemption of such subdivision from the provisions of this section. Nothing in this Act shall be construed to interfere with or reduce Federal Trade Commission, authority. the authority, or the existing interpretations of the authority, of the Federal Trade Commission under the Federal Trade Commission Act, as amended (15 U. S. C. 41–58). 38 Stat. 717. 15 U. S. C., Sup. III, § 42 et. seq. Ante, p. 21. Registration of manufacturers, etc.

  2. Gambling Devices Act of 1962

    Pub. L. 87–840 § 4 · 76 Stat. 1075

    Changed · 15 U.S.C. § 1172

    Pub. L. 87–840 excepted gambling devices used or designed for use at and transported to licensed gambling establishments where betting is legal under State laws, and provided that it shall not be unlawful to transport such devices into any State in which the device is specifically enumerated as lawful in a State statute

    Source evidence

    Code amendment note
    Pub. L. 87–840 excepted gambling devices used or designed for use at and transported to licensed gambling establishments where betting is legal under State laws, and provided that it shall not be unlawful to transport such devices into any State in which the device is specifically enumerated as lawful in a State statute.

    Enacted provision · exact public law section
    Sec. 4. The first paragraph of section 2 of the Act of January 2, 1951, 15 USC 1172. is amended by inserting immediately before the period at the end thereof a comma and the following: “nor shall this section apply to any gambling device used or designed for use at and transported to licensed gambling establishments where betting is legal under applicable State laws: Provided farther, That it shall not be unlawful to transport in interstate or foreign commerce any gambling device into any State in which the transported gambling device is specifically enumerated as lawful in a statute of that State”.

    Effective date note
    Amendment effective on sixtieth day after Oct. 18, 1962, see section 7 of Pub. L. 87–840, set out as a note under section 1171 of this title.

  3. Pub. L. 102–251 § 202(a)(1) · 106 Stat. 60

    1. Amended · 15 U.S.C. § 1172

      Pub. L. 102–251, § 202(a)(1), (3), (4), designated existing provisions as subsecs. (a) and (b)

    2. Inserted · 15 U.S.C. § 1172

      Pub. L. 102–251, § 202(a)(1), (3), (4), inserted headings

    3. Added · 15 U.S.C. § 1172

      Pub. L. 102–251, § 202(a)(1), (3), (4), added subsec. (c)

    Source evidence

    Code amendment note
    Pub. L. 102–251, § 202(a)(1), (3), (4), designated existing provisions as subsecs. (a) and (b), inserted headings, and added subsec. (c).

    Enacted provision · exact public law section
    (1) by inserting before the first paragraph the following: “(a) General Rule.—”;

  4. Pub. L. 102–251 § 202(a)(2) · 106 Stat. 60

    Struck · 15 U.S.C. § 1172

    Pub. L. 102–251, § 202(a)(2), which directed that “, District of Columbia,” be struck out in subsec. (a), was executed by striking out “, the District of Columbia,” after “place in a State” and “outside of such State” to reflect the probable intent of Congress

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–251, § 202(a)(2), which directed that “, District of Columbia,” be struck out in subsec. (a), was executed by striking out “, the District of Columbia,” after “place in a State” and “outside of such State” to reflect the probable intent of Congress.

    Enacted provision · exact public law section
    (2) in subsection (a) (as so designated) by striking “, District of Columbia,”;

6 of 6 references resolved to an enrolled provision

Editorial Notes

References in Text

The Federal Trade Commission Act, referred to in subsec. (b), is act Sept. 26, 1914, ch. 311, 38 Stat. 717, which is classified generally to subchapter I (§ 41 et seq.) of chapter 2 of this title. For complete classification of this Act to the Code, see section 58 of this title and Tables.

Amendments1962–1992 · 2 rounds

1992

Pub. L. 102–251, § 202(a)(1), (3), (4), designated existing provisions as subsecs. (a) and (b), inserted headings, and added subsec. (c).

Pub. L. 102–251, § 202(a)(2), which directed that “, District of Columbia,” be struck out in subsec. (a), was executed by striking out “, the District of Columbia,” after “place in a State” and “outside of such State” to reflect the probable intent of Congress.

1962

Pub. L. 87–840 excepted gambling devices used or designed for use at and transported to licensed gambling establishments where betting is legal under State laws, and provided that it shall not be unlawful to transport such devices into any State in which the device is specifically enumerated as lawful in a State statute.

Statutory Notes and Related Subsidiaries

Effective Date of 1962 Amendment

Amendment effective on sixtieth day after , see section 7 of Pub. L. 87–840, set out as a note under section 1171 of this title.

Credits

1951–1992 · 3 acts
  1. 1951Jan. 2, 1951, ch. 1194, § 2, 64 Stat. 1134
  2. 1962Pub. L. 87–840, § 4, , 76 Stat. 1075
  3. 1992Pub. L. 102–251, title II, § 202(a), , 106 Stat. 61.
Show as published

(Jan. 2, 1951, ch. 1194, § 2, 64 Stat. 1134; Pub. L. 87–840, § 4, , 76 Stat. 1075; Pub. L. 102–251, title II, § 202(a), , 106 Stat. 61.)

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USLM identifier /us/usc/t15/s1172