§ 1175. — Specific jurisdictions within which manufacturing, repairing, selling, possessing, etc., prohibited; exceptions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC1175]
TITLE 15--COMMERCE AND TRADE
CHAPTER 24--TRANSPORTATION OF GAMBLING DEVICES
Sec. 1175. Specific jurisdictions within which manufacturing,
repairing, selling, possessing, etc., prohibited; exceptions
(a) General rule
It shall be unlawful to manufacture, recondition, repair, sell,
transport, possess, or use any gambling device in the District of
Columbia, in any possession of the United States, within Indian country
as defined in section 1151 of title 18 or within the special maritime
and territorial jurisdiction of the United States as defined in section
7 of title 18, including on a vessel documented under chapter 121 of
title 46 or documented under the laws of a foreign country.
(b) Exception
(1) In general
Except for a voyage or a segment of a voyage that begins and
ends in the State of Hawaii, or as provided in paragraph (2), this
section does not prohibit--
(A) the repair, transport, possession, or use of a gambling
device on a vessel that is not within the boundaries of any
State or possession of the United States;
(B) the transport or possession, on a voyage, of a gambling
device on a vessel that is within the boundaries of any State or
possession of the United States, if--
(i) use of the gambling device on a portion of that
voyage is, by reason of subparagraph (A), not a violation of
this section; and
(ii) the gambling device remains on board that vessel
while the vessel is within the boundaries of that State or
possession; or
(C) the repair, transport, possession, or use of a gambling
device on a vessel on a voyage that begins in the State of
Indiana and that does not leave the territorial jurisdiction of
that State, including such a voyage on Lake Michigan.
(2) Application to certain voyages
(A) General rule
Paragraph (1)(A) does not apply to the repair or use of a
gambling device on a vessel that is on a voyage or segment of a
voyage described in subparagraph (B) of this paragraph if the
State or possession of the United States in which the voyage or
segment begins and ends has enacted a statute the terms of which
prohibit that repair or use on that voyage or segment.
(B) Voyage and segment described
A voyage or segment of a voyage referred to in subparagraph
(A) is a voyage or segment, respectively--
(i) that begins and ends in the same State or possession
of the United States, and
(ii) during which the vessel does not make an
intervening stop within the boundaries of another State or
possession of the United States or a foreign country.
(C) Exclusion of certain voyages and segments
Except for a voyage or segment of a voyage that occurs
within the boundaries of the State of Hawaii, a voyage or
segment of a voyage is not described in subparagraph (B) if it
includes or consists of a segment--
(i) that begins and ends in the same State;
(ii) that is part of a voyage to another State or to a
foreign country; and
(iii) in which the vessel reaches the other State or
foreign country within 3 days after leaving the State in
which it begins.
(c) Exception for Alaska
(1) With respect to a vessel operating in Alaska, this section does
not prohibit, nor may the State of Alaska make it a violation of law for
there to occur, the repair, transport, possession, or use of any
gambling device on board a vessel which provides sleeping accommodations
for all of its passengers and that is on a voyage or segment of a voyage
described in paragraph (2), except that such State may, within its
boundaries--
(A) prohibit the use of a gambling device on a vessel while it
is docked or anchored or while it is operating within 3 nautical
miles of a port at which it is scheduled to call; and
(B) require the gambling devices to remain on board the vessel.
(2) A voyage referred to in paragraph (1) is a voyage that--
(A) includes a stop in Canada or in a State other than the State
of Alaska;
(B) includes stops in at least 2 different ports situated in the
State of Alaska; and
(C) is of at least 60 hours duration.
(Jan. 2, 1951, ch. 1194, Sec. 5, 64 Stat. 1135; Pub. L. 102-251, title
II, Sec. 202(b), Mar. 9, 1992, 106 Stat. 61; Pub. L. 104-264, title XII,
Sec. 1222, Oct. 9, 1996, 110 Stat. 3286; Pub. L. 104-324, title XI,
Sec. 1106, Oct. 19, 1996, 110 Stat. 3967; Pub. L. 106-554, Sec. 1(a)(4)
[div. B, title I, Sec. 147], Dec. 21, 2000, 114 Stat. 2763, 2763A-251.)
Amendments
2000--Subsec. (b)(1). Pub. L. 106-554 inserted ``for a voyage or a
segment of a voyage that begins and ends in the State of Hawaii, or''
after ``Except'' in introductory provisions.
1996--Subsec. (b)(1)(C). Pub. L. 104-324, Sec. 1106(b), added
subpar. (C).
Subsec. (b)(2)(C). Pub. L. 104-264, Sec. 1222, and Pub. L. 104-324,
Sec. 1106(a), made substantially identical amendments, adding subpar.
(C). The text of subpar. (C) is based on amendment by Pub. L. 104-324.
Subsec. (c). Pub. L. 104-324, Sec. 1106(c), added subsec. (c).
1992--Subsec. (a). Pub. L. 102-251, Sec. 202(b)(1), (2), designated
existing provisions as subsec. (a), inserted heading, and inserted
before period at end ``, including on a vessel documented under chapter
121 of title 46 or documented under the laws of a foreign country''.
Subsec. (b). Pub. L. 102-251, Sec. 202(b)(3), added subsec. (b).
Effective Date of 1996 Amendment
Except as otherwise specifically provided, amendment by Pub. L. 104-
264 applicable only to fiscal years beginning after Sept. 30, 1996, and
not to be construed as affecting funds made available for a fiscal year
ending before Oct. 1, 1996, see section 3 of Pub. L. 104-264, set out as
a note under section 106 of Title 49, Transportation.
Section Referred to in Other Sections
This section is referred to in sections 1172, 1176 of this title;
title 25 section 2710.
