§ 1172. — Transportation of gambling devices as unlawful; exceptions; authority of Federal Trade Commission.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC1172]
TITLE 15--COMMERCE AND TRADE
CHAPTER 24--TRANSPORTATION OF GAMBLING DEVICES
Sec. 1172. Transportation of gambling devices as unlawful;
exceptions; authority of Federal Trade Commission
(a) General rule
It shall be unlawful knowingly to transport any gambling device to
any place in a State or a possession of the United States from any place
outside of such State or possession: Provided, That this section shall
not apply to transportation of any gambling device to a place in any
State which has enacted a law providing for the exemption of such State
from the provisions of this section, or to a place in any subdivision of
a State if the State in which such subdivision is located has enacted a
law providing for the exemption of such subdivision from the provisions
of this section, nor shall this section apply to any gambling device
used or designed for use at and transported to licensed gambling
establishments where betting is legal under applicable State laws:
Provided, further, That it shall not be unlawful to transport in
interstate or foreign commerce any gambling device into any State in
which the transported gambling device is specifically enumerated as
lawful in a statute of that State.
(b) Authority of Federal Trade Commission
Nothing in this chapter shall be construed to interfere with or
reduce the authority, or the existing interpretation of the authority,
of the Federal Trade Commission under the Federal Trade Commission Act
[15 U.S.C. 41 et. seq.].
(c) Exception
This section does not prohibit the transport of a gambling device to
a place in a State or a possession of the United States on a vessel on a
voyage, if--
(1) use of the gambling device on a portion of that voyage is,
by reason of subsection (b) of section 1175 of this title, not a
violation of that section; and
(2) the gambling device remains on board that vessel while in
that State.
(Jan. 2, 1951, ch. 1194, Sec. 2, 64 Stat. 1134; Pub. L. 87-840, Sec. 4,
Oct. 18, 1962, 76 Stat. 1075; Pub. L. 102-251, title II, Sec. 202(a),
Mar. 9, 1992, 106 Stat. 61.)
References in Text
The Federal Trade Commission Act, referred to in subsec. (b), is act
Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is classified
generally to subchapter I (Sec. 41 et seq.) of chapter 2 of this title.
For complete classification of this Act to the Code, see section 58 of
this title and Tables.
Amendments
1992--Pub. L. 102-251, Sec. 202(a)(1), (3), (4), designated existing
provisions as subsecs. (a) and (b), inserted headings, and added subsec.
(c).
Pub. L. 102-251, Sec. 202(a)(2), which directed that ``, District of
Columbia,'' be struck out in subsec. (a), was executed by striking out
``, the District of Columbia,'' after ``place in a State'' and ``outside
of such State'' to reflect the probable intent of Congress.
1962--Pub. L. 87-840 excepted gambling devices used or designed for
use at and transported to licensed gambling establishments where betting
is legal under State laws, and provided that it shall not be unlawful to
transport such devices into any State in which the device is
specifically enumerated as lawful in a State statute.
Effective Date of 1962 Amendment
Amendment effective on sixtieth day after Oct. 18, 1962, see section
7 of Pub. L. 87-840, set out as a note under section 1171 of this title.
Section Referred to in Other Sections
This section is referred to in section 1176 of this title.
