Section 225.30. Possession of a gambling device  


Latest version.
  • a.  A  person  is guilty of possession of a gambling device when, with
      knowledge of the character  thereof,  he  or  she  manufactures,  sells,
      transports,   places   or  possesses,  or  conducts  or  negotiates  any
      transaction affecting or designed to affect ownership,  custody  or  use
      of:
        1.  A  slot  machine,  unless such possession is permitted pursuant to
      article nine-A of the general municipal law; or
        2. Any other gambling device, believing that the same is to be used in
      the advancement of unlawful gambling activity; or
        3. A coin operated gambling device with intent to use such  device  in
      the advancement of unlawful gambling activity.
        b.  Possession  of  a  slot  machine  shall not be unlawful where such
      possession and use is pursuant to a gaming compact, duly executed by the
      governor and  an  Indian  tribe  or  Nation,  under  the  Indian  Gaming
      Regulatory  Act,  as  codified  at 25 U.S.C. §§§§ 2701-2721 and 18 U.S.C
      §§§§ 1166-1168, where the use  of  such  slot  machine  or  machines  is
      consistent  with  such  gaming  compact  and  where the state receives a
      negotiated percentage of the net drop (defined as  gross  money  wagered
      after  payout,  but  before  expenses)  from  any  such  slot machine or
      machines.
        c. Transportation and possession  of  a  slot  machine  shall  not  be
      unlawful  where  such  transportation  and  possession  is  necessary to
      facilitate the training of persons in the repair and  reconditioning  of
      such  machines  as  are  used  or are to be used for operations in those
      casinos authorized pursuant to a tribal-state compact  as  provided  for
      pursuant  to  section eleven hundred seventy-two of title fifteen of the
      United States Code in the state of New York.
        Possession of a gambling device is a class A misdemeanor.