§ 225.30 Possession of a gambling device.
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.
d. Transportation and possession of a slot machine shall not be
unlawful where such slot machine was transported into this state in a
sealed container and possessed for the purpose of product development,
research, or additional manufacture or assembly, and such slot machine
will be or has been transported in a sealed container to a jurisdiction
outside of this state for purposes which are lawful in such outside
jurisdiction.
e. Transportation and possession of a gambling device shall not be
unlawful where (i) the manufacturer or distributor of the gambling
device has filed a statement with the state gaming commission required
by subdivision twenty-one of section one hundred four of the racing,
pari-mutuel wagering and breeding law, (ii) such gambling device was
transported into this state in a sealed container and possessed for the
purpose of exhibition or marketing in accordance with such statement,
and (iii) such device is thereafter transported in a sealed container to
a jurisdiction outside of this state for purposes that are lawful in
such outside jurisdiction.
Possession of a gambling device is a class A misdemeanor.
