New Jersey Section 2C:37-7 – Possession of a gambling device

New Jersey’s Law on Possessing Gambling Devices – What You Need to Know

New Jersey has some pretty strict laws when it comes to gambling devices. Specifically, Section 2C:37-7 of the New Jersey Code of Criminal Justice makes it illegal to possess certain gambling devices and equipment. This law can cause some confusion, so let’s break it down and see what it actually says.

What Counts as a Gambling Device?

The law defines a “gambling device” as anything specifically designed for gambling purposes. This includes slot machines, roulette wheels, craps tables – you name it. Even something as simple as a pack of cards or a pair of dice counts if they’re used for gambling.

It also covers “furniture” and “equipment” used in connection with gambling. So chairs, tables, and money counters in a casino would qualify. Basically anything that helps facilitate illegal gambling is included under the law.

When Possession Becomes Illegal

Simply owning a gambling device doesn’t automatically make you a criminal. The law specifies that possession is illegal when:

• The device is used for unlawful gambling activity.
• The person knows it will be used for gambling purposes.

So if you have an antique slot machine that you think looks cool, that’s fine. But if you let your buddy set it up in his garage and use it to run an illegal betting operation – now you’re breaking the law.

What About Devices Used for Legal Gambling?

New Jersey allows some forms of gambling, like state-sponsored casinos, racetracks, and online sportsbooks. The law has exceptions that allow people to possess devices used for legal gambling activities.

For example, casino employees can obviously possess slot machines and card tables. And companies that manufacture gambling equipment can legally transport it to licensed casinos in the state.

So it’s not illegal to own devices used for legal, regulated gambling purposes. But if you try to use that equipment for unauthorized games – that’s when you cross the line.

Penalties for Breaking the Law

Like most crimes, the penalties for possessing illegal gambling devices depend on the specific circumstances. But in general, you can expect:

• Up to 6 months in jail
• Fines up to $1,000
• Possible forfeiture of the gambling equipment

Second and third offenses come with stiffer punishments – up to 3-5 years in prison and fines up to $15,000. Ouch!

Real World Examples

• In 2019, authorities busted an illegal online sports betting ring operating out of Costa Rica. Several New Jersey residents who helped facilitate bets were charged for possessing equipment like computers, phones, and money counters.
• A man was arrested in 2018 for running an illegal video poker machine gambling operation out of his auto repair shop. He was found guilty of possessing over a dozen gambling devices.
• Police seized poker tables, chips, and card decks from a motorcycle club hosting unauthorized Texas Hold ‘Em games in 2010. Several members faced charges for possession of gambling equipment.

So as you can see, New Jersey doesn’t mess around when it comes to illegal gambling devices!

Defenses People Have Tried (Unsuccessfully)

When charged under this law, some people have tried to argue things like:

• “I didn’t know it was illegal!” (ignorance of the law is no excuse)
• “I wasn’t the one using it for gambling!” (you can’t knowingly allow others to use your stuff illegally)
• “It’s just a game between friends!” (doesn’t matter – illegal gambling is illegal gambling)

As you can probably guess, those defenses haven’t worked out well in court. The law is pretty strict about not allowing people to possess devices used for unauthorized gambling.

Why These Laws Exist

New Jersey regulates gambling so tightly for a few reasons:

• Protect people/communities from illegal operations
• Ensure fair games that aren’t rigged
• Generate tax revenue from legal gambling
• Combat potential connections to organized crime

By cracking down on unauthorized equipment, the state can better control gambling within its borders. It’s all about keeping things above-board.

How to Follow the Law

Avoiding trouble under Section 2C:37-7 is pretty straightforward. Just remember:

• Don’t provide devices to be used for illegal gambling
• Don’t participate in unauthorized games that involve betting
• Make sure any equipment for legal gambling has the proper licensing

Using common sense goes a long way! And if you’re ever unclear about what’s legal, talk to an attorney. Gambling laws can be nuanced, so get professional advice when needed.

The Bottom Line

While New Jersey allows some forms of regulated gambling, it strictly prohibits possessing devices used for unauthorized betting activities. The penalties for breaking Section 2C:37-7 can be severe, especially for repeat offenses.

If you ever find yourself facing charges under this law, don’t go it alone. Hire an experienced criminal defense lawyer to protect your rights. An attorney can often negotiate reduced penalties or even get charges dismissed.

So steer clear of shady back-room poker games and be careful lending out your classic roulette wheel! Following New Jersey’s gambling device laws isn’t hard as long as you use good judgment and avoid illegal operations.