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TLDR; There is no federal law against playing blackjack online. There are some states where it is declared illegal however prosecution would be extremely rare and would most likely be against any establishment rather than the player.
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It is completely safe to play blackjack online for real money.
It’s often reported that playing blackjack online for real money is illegal in the US.
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But is it really?
Let’s tackle this head on and resolve this confusing and commonly misunderstood issue.
So let’s get one thing straight:
Playing Blackjack Online is NOT Legally Prohibited in Any Way by Federal Law
There is no law whatsoever against gambling online at the federal level which is a myth that has been established most likely from a misinterpretation of the Unlawful Internet Gambling Enforcement Act of 2006 which states:
The Act prohibits gambling businesses from knowingly accepting payments in connection with the participation of another person in a bet or wager that involves the use of the Internet and that is unlawful under any federal or state law (termed “restricted transactions” in the Act).
This is basically saying it’s prohibited for banks to knowingly accept transactions that are a result of an illegal online bet.
It does not in any way state that it is illegal for a player to participate in gambling online!
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Another reason why some people may think it is illegal is the confusion of the Federal Wire Act which is related to sports betting and does not apply to whether online blackjack is legal since they are considered different forms of gambling.
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If you want to try playing blackjack online for real money, we recommend US players to visit BetOnline casino.
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Are There any State Laws which Explicitly Allow Online Blackjack?
Another reason why it’s confusing to determine whether it’s legal to gamble online is the fact that most states actually don’t have any specific laws which apply to online gambling in general.
If there is no specific law prohibiting online gambling then it is considered legal.
However there are three states that have explicitly passed laws specifically for allowing online gambling which are:
Interestingly, Nevada has allowed for online poker but have prohibited online casino gambling.
States Where Online Blackjack is Technically Illegal
- Illinois
- Indiana
- Louisiana
- Montana
- Nevada
- Oregon
- South Dakota
- Washington
- Wisconsin
There are 9 states that have prohibitions against online casino gambling however it should be noted that the real target of these laws are the online casinos themselves and not the player.
The likelihood of being criminally charged is extremely low and even if you were it would most likely be considered just a misdemeanor
There is only one incident I have been able to find dating back to 2003 in North Dakota where a player, Jeffrey Trauman, plead guilty for placing a bet over $500 and was charged with a misdemeanor and subsequently fined $500. (source: https://digitalscholarship.unlv.edu/cgi/viewcontent.cgi?article=1146&context=grrj)
So for further clarity, let’s look at a table of all states so you can easily distinguish the laws of the state you reside in.
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State | Legal? | State | Legal? |
---|---|---|---|
Alabama | Montana | No | |
Alaska | Nebraska | Yes | |
Arizona | Nevada | No | |
Arkansas | New Hampshire | ||
California | New Jersey | Yes | |
Colorado | New Mexico | Yes | |
Connecticut | New York | Yes | |
Delaware | North Carolina | Yes | |
Florida | North Dakota | Yes | |
Georgia | Ohio | Yes | |
Hawaii | Oklahoma | Yes | |
Idaho | Oregon | ||
Illinois | Pennsylvania | Yes | |
Indiana | Rhode Island | Yes | |
Iowa | South Carolina | Yes | |
Kansas | South Dakota | ||
Kentucky | Tennessee | Yes | |
Louisiana | Texas | Yes | |
Maine | Utah | Yes | |
Maryland | Vermont | Yes | |
Massachusetts | Virginia | Yes | |
Michigan | Washington | ||
Minnesota | West Virginia | Yes | |
Mississippi | Wisconsin | ||
Missouri | Wyoming | Yes |
If You Are Unsure, Seek Legal Advice
When in doubt, seek professional legal advice: This website serves to provide players with advice and is not legally binding. Therefore, if you ever have more nuanced questions, do consider consulting a legal professional.
How would I deposit and withdraw money given the UIGEA and Where Can I Play?
The UIGEA has made it considerably more difficult for US residents to deposit and withdraw money from casinos. For example, e-Wallet services such as PayPal or Moneybookers, which are commonly used to transfer funds to/from casinos, usually will not work with US residents engaging in online gaming. We recommend US players avoiding these in general.
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Most often, players from the US will be able to use debit cards, direct bank wire transfer, checks, and automated clearing house (ACH). The best method though is to use Bitcoin which is extremely quick and doesn’t have any excess fees. Read our complete guide on how to buy Bitcoin to deposit at a casino here.
For US residents outside of New Jersey, Nevada and Delaware, we recommend playing at Bovada or Betonline.
Related Reading
Even in the years after both the federal government and a handful of state law enforcement agencies began limiting American citizens’ access to Internet wagering, online casino gambling is big business in the United States. The American Gaming Association’s most recent data indicates that US gamblers wager about $9 billion a year over the Internet, placing bets on everything from bingo and state lottery games to poker tournaments and casino table action.
Americans can now play games of chance and skill for real cash prizes on their smartphones, tablets, and laptops, and some games on popular social media sites are already paying out prizes and (in some cases) actual US dollars. Blackjack, a popular casino game since the early 18th century, is available to USA players who want to lay real-money bets, provided those gamblers don’t live in one of eight states that have outlawed Internet wagering.
United States Online Blackjack Games & US Law
Three sets of laws apply to casino gambling over the Internet in the United States: federal gambling law, state gambling statutes, and financial restrictions imposed by the federal government. Blackjack players have nothing to fear in terms of federal law. The US Justice Department recently clarified the Wire Act of 1961, often interpreted as a law banning all types of online gambling, to apply only to sports wagers. As for state law, only citizens of Illinois, Indiana, Louisiana, Montana, Oregon, South Dakota, Washington, and Wisconsin are restricted from placing bets online due to language in those state’s penal codes. It’s important to point out that no online gamblers have been arrested or charged under any of those state laws, and that attitudes towards online betting in America are changing as states look for new sources of tax revenue.
The last category of American law that impacts online casino gamblers is a set of banking regulations designed to prevent Internet betting. Specifically, the Unlawful Internet Gambling Enforcement Act of 2006, known as the UIGEA bill. An attempt on the part of a few Congressmen to stop online wagering of all forms in America, the UIGEA placed restrictions on the way banks and other financial institutions in America do business with known gambling sites. It’s because of the UIGEA that most Americans can’t deposit funds to their online gambling accounts with a credit or debit card, the simplest way of doing so. Adding funds and retrieving money from your Internet bankroll is a bit of a headache if you’re a US citizen, but legal loopholes exist that allow wannabe casino customers to make deposits to sites that accept real-money wagers.
How to Fund a US Blackjack Casino Account
If you want to play blackjack over the Internet and you live in the United States, you probably won’t be able to deposit money to bet with by plugging in your credit card number or sending a deposit from your checking account electronically. Some American gamblers report success using MasterCard and VISA-branded credit and debit cards to make deposits, but the vast majority of these deposits are blocked by the UIGEA bill or the casino site itself, in order to follow US law.
One way to fund your account from the US is to purchase a prepaid credit/debit card product. Available from all the major credit card brands, prepaid cards are either actual physical cards loaded with a set amount of cash (and requiring a small activation fee before you use them) or online-only accounts used for any kind of Internet purchase, including deposits to some betting sites. Most of the time, deposits to your online gambling account using these cards is the easiest way around the restrictions on USA deposits.
If the casino you choose to play your blackjack game at doesn’t accept these prepaid cards as valid deposit methods, they probably have their own preferred deposit method for their American customers. Some sites let you send funds via wire transfer services, others work with third-party funds transfer methods, like eWallets. Using these services, you can transfer money from your traditional credit or debit card to a sort of financial middle man, and then transfer it to your player account using the site’s cashier service. Both of these methods have fees associated with them, so look into all your options and talk to your casino’s customer service department before you choose a method for adding money to your gambling bankroll.
Blackjack Game Varieties at USA Accepted Online Casinos
One of the benefits of playing blackjack and other classic table games on the Internet is the variety in which these games appear at online casinos. If you walk into a casino in Vegas or a tribal gaming property anywhere in the US, you may only have one or two different versions of 21 to choose from, and you’re likely to see just one version of the game, following standard American rules.
Online casino software competition has created a series of new versions of blackjack not normally found in traditional American casinos. It’s common to have a choice of between two and twelve variations on the game, each of which has a slightly different set of rules. European-rules games are common at US-facing gambling sites; also known as no-peek blackjack, this is blackjack as it’s played throughout Europe, in which the dealer doesn’t check for blackjack before the player makes his first in-game decisions.
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Other variants of blackjack available to US players at Internet casinos include a miniature version of the game (which lets you play other games, check your email, or just play in a smaller-sized window), variants that include side wagers that pay out for specific hand combinations, and even live dealer games in which webcams are used to allow players to interact with a casino dealer in real-time. Variety in game rules is a big draw for American casino gamblers who turn to the Internet for their casino action.