I did a search for this, but didn't come up with anything.
I know that some folks in the DFW area take part in a raffle that is organized on Eccie. From what I can tell (http://www.oag.state.tx.us/alerts/al...p?id=58&type=1), this doesn't fly in Texas. Is there a risk that Eccie could come under fire for this?
Just trying to look out for my hobby brothers...
- happydude
- 05-20-2010, 11:33 AM
- ShysterJon
- 05-20-2010, 01:11 PM
I wouldn't be too concerned about John Law coming after ECCIE members because they're holding a raffle. It's a law that's rarely enforced. Hell, it's been in the paper lately that some elected LE officials in Dallas have held raffles to raise campaign money.
- Black Sedan
- 05-21-2010, 08:53 PM
It would be field day to test in court: the individual conducting the "raffle" isn't keeping any proceeds for gain. Would this meet the definition of gambling?
The statute in Texas that authorizes raffles is § 2002. It includes the definition, but that's not the important definition. Why? This code merely authorizes certain conforming organizations to conduct raffles, but does not expressly prohibit other raffles.
So, non-conforming organizations (under § 2002) or individuals' raffles aren't specifically banned elsewhere in the code, except as they would be if already considered a gambling operation regulated by § 47.
Interestingly, even if a raffle were held by a conforming organization, they are prohibited from awarding cash or equivalents.
In an AG's FAQ, note their careful wording:
"An unlawful raffle could be considered illegal gambling, which may carry criminal penalties"
Not that I could find any caselaw on point.
So is it gambling promotion? No, under § 47.03 that has to be for gain.
And are the individuals participating in gambling? § 47.02 which describes gambling participation does not include buying into a raffle in any shape or form.
I think Louie would have to be awfully bored to test it, and the AAG or ADA even more so. But my conclusion is DFW's fun is not illegal in Texas.
This is fun: it IS a defense for individuals accused of violating the gambling participation statutes in Texas:
"...consisted entirely of participation in a drawing
for the opportunity to participate in a hunting, fishing..."
Would welcome critiques or further review.
The statute in Texas that authorizes raffles is § 2002. It includes the definition, but that's not the important definition. Why? This code merely authorizes certain conforming organizations to conduct raffles, but does not expressly prohibit other raffles.
So, non-conforming organizations (under § 2002) or individuals' raffles aren't specifically banned elsewhere in the code, except as they would be if already considered a gambling operation regulated by § 47.
Interestingly, even if a raffle were held by a conforming organization, they are prohibited from awarding cash or equivalents.
In an AG's FAQ, note their careful wording:
"An unlawful raffle could be considered illegal gambling, which may carry criminal penalties"
Not that I could find any caselaw on point.
So is it gambling promotion? No, under § 47.03 that has to be for gain.
And are the individuals participating in gambling? § 47.02 which describes gambling participation does not include buying into a raffle in any shape or form.
I think Louie would have to be awfully bored to test it, and the AAG or ADA even more so. But my conclusion is DFW's fun is not illegal in Texas.
This is fun: it IS a defense for individuals accused of violating the gambling participation statutes in Texas:
"...consisted entirely of participation in a drawing
for the opportunity to participate in a hunting, fishing..."
Would welcome critiques or further review.