§ 1175. Specific jurisdictions within which manufacturing, repairing, selling, possessing, etc., prohibited; exceptions

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. 1951

   Pub. L. 81–1194 § 5 · 64 Stat. 1134

   Enacted · 15 U.S.C. § 1175

   Jan. 2, 1951, ch. 1194, § 5, 64 Stat. 1135

   Source evidence

   Code source credit
   Jan. 2, 1951, ch. 1194, § 5, 64 Stat. 1135

   Enacted provision · exact public law section
   Sec. 5. It shall be unlawful to manufacture, recondition, repair, sell, transport, possess, or use any gambling device in the District of Columbia, in any possession of the United States, within Indian country as defined in section 1151 of title 18 of the United States Code 62 Stat. 757. 18 U. S. C., Sup. III, § 1151. or within the special maritime and territorial jurisdiction of the United States as defined in section 7 of title 18 of the United States Code. 62 Stat. 685. 18 U. S. C., Sup. III, § 7. Penalty.

2. 1992

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

   1. Amended · 15 U.S.C. § 1175(a)

      Pub. L. 102–251, § 202(b)(1), (2), designated existing provisions as subsec. (a)

   2. Inserted · 15 U.S.C. § 1175(a)

      Pub. L. 102–251, § 202(b)(1), (2), inserted heading

   3. Inserted · 15 U.S.C. § 1175(a)

      Pub. L. 102–251, § 202(b)(1), (2), inserted before period at end “, including on a vessel documented under chapter 121 of title 46 or documented under the laws of a foreign country”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 102–251, § 202(b)(1), (2), designated existing provisions as subsec. (a), inserted heading, and inserted before period at end “, including on a vessel documented under chapter 121 of title 46 or documented under the laws of a foreign country”.

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

3. 1992

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

   Added · 15 U.S.C. § 1175(b)

   Pub. L. 102–251, § 202(b)(3), added subsec. (b)

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 102–251, § 202(b)(3), added subsec. (b).

   Enacted provision · exact public law section
   (3) by adding at the end the following: “(b) Exception.— “(1) In general.— Except as provided in paragraph (2), this section does not prohibit— “(A) the repair, transport, possession, or use of a gambling device on a vessel that is not within the boundaries of any State or possession of the United States; or “(B) the transport or possession, on a voyage, of a gambling device on a vessel that is within the boundaries of any State or possession of the United States, if— “(i) use of the gambling device on a portion of that voyage is, by reason of subparagraph (A), not a violation of this section; and “(ii) the gambling device remains on board that vessel while the vessel is within the boundaries of that State or possession. “(2) Application to certain voyages.— “(A) General rule.— Paragraph (1)(A) does not apply to the repair or use of a gambling device on a vessel that is on a voyage or segment of a voyage described in subparagraph (B) of this paragraph if the State or possession of the United States in which the voyage or segment begins and ends has enacted a statute the terms of which prohibit that repair or use on that voyage or segment. “(B) Voyage and segment described.— A voyage or segment of a voyage referred to in subparagraph (A) is a voyage or segment, respectively— “(i) that begins and ends in the same State or possession of the United States, and “(ii) during which the vessel does not make an intervening stop within the boundaries of another State or possession of the United States or a foreign country.”.

4. 1996

   Pub. L. 104–264 § 1222 · 110 Stat. 3213

   Added · 15 U.S.C. § 1175(b)(2)(C)

   Pub. L. 104–264, § 1222, and Pub. L. 104–324, § 1106(a), made substantially identical amendments, adding subpar. (C). The text of subpar. (C) is based on amendment by Pub. L. 104–324

   Source evidence

   Code amendment note
   Subsec. (b)(2)(C). Pub. L. 104–264, § 1222, and Pub. L. 104–324, § 1106(a), made substantially identical amendments, adding subpar. (C). The text of subpar. (C) is based on amendment by Pub. L. 104–324.

   Enacted provision · exact public law section
   SEC. 1222. LIMITATION ON AUTHORITY OF STATES TO REGULATE GAMBLING DEVICES ON VESSELS. Subsection (b)(2) of section 5 of the Act of January 2, 1951 (commonly referred to as the “Johnson Act”) (64 Stat. 1135, chapter 1194; 15 U.S.C. 1175), is amended by adding at the end the following: “(C) Exclusion of certain voyages and segments.— Except for a voyage or segment of a voyage that occurs within the boundaries of the State of Hawaii, a voyage or segment of a voyage is not described in subparagraph (8) if such voyage or segment includes or consists of a segment— “(i) that begins and ends in the same State; “(ii) that is part of a voyage to another State or to a foreign country; and “(iii) in which the vessel reaches the other State or foreign country within 3 days after leaving the State in which such segment begins.”.

   Effective date note
   Except as otherwise specifically provided, amendment by Pub. L. 104–264 applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as a note under section 106 of Title 49, Transportation.

5. 1996

   Coast Guard Authorization Act of 1996

   Pub. L. 104–324 § 1106(b) · 110 Stat. 3901

   Added · 15 U.S.C. § 1175(b)(1)(C)

   Pub. L. 104–324, § 1106(b), added subpar. (C)

   Source evidence

   Code amendment note
   Subsec. (b)(1)(C). Pub. L. 104–324, § 1106(b), added subpar. (C).

   Enacted provision · exact public law section
   (b) Authority of the State of Indiana Over Vessels on Voyages in the Territorial Jurisdiction of the State of Indiana.— Section 5(b)(1) of the Act of January 2, 1951 (15 U.S.C. 1175(b)(1)), commonly known as the “Johnson Act”, is amended— (1) in subparagraph (A) by striking “or” after the semicolon at the end; (2) in subparagraph (B) by striking the period at the end and inserting “; or”; and (3) by adding at the end the following new subparagraph: “(C) the repair, transport, possession, or use of a gambling device on a vessel on a voyage that begins in the State of Indiana and that does not leave the territorial jurisdiction of that State, including such a voyage on Lake Michigan.”.

6. 1996

   Coast Guard Authorization Act of 1996

   Pub. L. 104–324 § 1106(c) · 110 Stat. 3901

   Added · 15 U.S.C. § 1175(c)

   Pub. L. 104–324, § 1106(c), added subsec. (c)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 104–324, § 1106(c), added subsec. (c).

   Enacted provision · exact public law section
   (c) Applicability to Certain Voyages in Alaska.— Section 5 of the Act of January 2, 1951 (15 U.S.C. 1175), commonly referred to as the “Johnson Act”, is amended by adding at the end the following new subsection: “(c) Exception.— (1) With respect to a vessel operating in Alaska, this section does not prohibit, nor may the State of Alaska make it a violation of law for there to occur, the repair, transport, possession, or use of any gambling device on board a vessel which provides sleeping accommodations for all of its passengers and that is on a voyage or segment of a voyage described in paragraph (2), except that such State may, within its boundaries— “(A) prohibit the use of a gambling device on a vessel while it is docked or anchored or while it is operating within 3 nautical miles of a port at which it is scheduled to call; and “(B) require the gambling devices to remain on board the vessel. “(2) A voyage referred to in paragraph (1) is a voyage that— “(A) includes a stop in Canada or in a State other than the State of Alaska; “(B) includes stops in at least 2 different ports situated in the State of Alaska; and “(C) is of at least 60 hours duration.”.

7. 2000

   Consolidated Appropriations Act, 2001

   Pub. L. 106–554 § 1(a)(4)(dB)(tI)(s147) · 114 Stat. 2763

   Inserted · 15 U.S.C. § 1175(b)(1)

   Pub. L. 106–554 inserted “for a voyage or a segment of a voyage that begins and ends in the State of Hawaii, or” after “Except” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 106–554 inserted “for a voyage or a segment of a voyage that begins and ends in the State of Hawaii, or” after “Except” in introductory provisions.

   Enacted provision · exact public law section
   (4) H.R. 5666, as introduced on December 15, 2000, except that the text of H.R. 5666, as so enacted, shall not include section 123 (relating to the enactment of H.R. 4904).

9 of 9 references resolved to an enrolled provision