New Jersey Section 2C:37-9 – Nonapplicability

New Jersey has comprehensive laws regulating various forms of gambling activities within the state. Section 2C:37-9 of Title 2C, Chapter 37 of the New Jersey Code of Criminal Justice provides that the gambling laws do not apply to certain authorized activities.

Overview of NJ Gambling Laws

New Jersey has a long history of legalizing certain forms of gambling. The state constitution permits non-profit organizations like veterans groups, charities, and fire companies to conduct legal gambling activities like bingo and raffles[1]. The state also legalized casinos in Atlantic City in the 1970s. More recently, sports betting and online gambling have become legal in NJ.

However, many other forms of gambling remain prohibited. Chapter 37 of Title 2C of the NJ Code sets forth various gambling offenses[2]. This includes promoting gambling, possessing gambling records, maintaining a gambling resort, gambling offenses on ships, possession of gambling devices, and gambling jurisdiction. Violations are punished as crimes ranging from disorderly persons offenses to first-degree crimes.

Exemptions Under 2C:37-9

Section 2C:37-9 provides that the gambling prohibitions in Chapter 37 do not apply to activities authorized under the Casino Control Act[3]. This refers to legalized casinos, sports betting, and internet gaming operated by licensed facilities in Atlantic City and state racetracks. As long as these gambling operations follow the regulations set forth by the Casino Control Commission, they are exempt from the general prohibitions.

Section 2C:37-9 also states that the gambling laws do not apply to legal games of chance conducted by certain non-profit organizations[1]. As mentioned above, veterans groups, charities, fire companies, and other qualified entities can conduct bingo, raffles, and other games of chance, as long as they follow regulations on these activities. These limited legal gambling activities are also exempt under 2C:37-9.

Finally, the section clarifies that none of the Chapter 37 gambling prohibitions limit the jurisdiction of the family courts under the state’s Juveniles in Need of Supervision (JINS) law[4]. This law provides courts with jurisdiction over juveniles who commit status offenses like truancy and running away from home. The gambling laws do not affect the JINS provisions.

Analysis of 2C:37-9 Exemptions

Section 2C:37-9 carves out some important exemptions from New Jersey’s general prohibitions on most forms of gambling[5]. By exempting state-authorized casinos, sports betting, charitable gambling, and jurisdiction under the JINS law, the legislature aimed to balance regulation of illegal gambling with permitting certain regulated activities.

However, critics argue that the exemptions go too far. For instance, some say that allowing casinos and online gambling leads to increased problem gambling and other social costs for New Jersey residents. Others argue that the charitable gambling exemptions have been abused, alleging that some “non-profits” misuse funds raised through legal games of chance.

Proponents counter that the exemptions provide substantial revenue for the state, create jobs, and allow worthy charities to raise more funds than they otherwise could. They say that the Casino Control Commission and other regulations provide sufficient oversight over legal gambling operations.

Reasonable minds can disagree on where to draw the line. But Section 2C:37-9 attempts to exempt certain regulated or charitable gambling activities that the legislature deemed acceptable for New Jersey. The exemptions aim to balance curbing problematic gambling with permitting gambling deemed to have social utility.