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PUBLIC LAW 87-840-OCT. 18, 1962

STAT.]

1075

Public Law 87-840 AN ACT October 18, 1962

To amend the Act of January 2, 1951, prohibiting the transportation of gambling devices in interstate and foreign commerce..

[s. 1658]

Be it enacted by the Senate and House of Representatives of the United States of A merioa in Congress assembled, That this Act may Gambling oebe cited as the "Gambling Devices Act of 1962." ^*"^ ^"^ °^ i^". SEC. 2. (a) Subparagraph (2) of paragraph (a) of the first section of the Act of January 2, 1951 (64 Stat. 1134; 15 U.S.C. 1171), is amended to read as follows: ^ . "(2) any other machine or mechanical device (including, but not limited to, roulette wheels and similar devices) designed and manufactured primarily for use in connection with gambling, and (A) which when operated may deliver, as the result of the application of an element of chance, any money or property, or (B) by the operation of which a person may become entitled to receive, as the result of the application of an element of chance, any money or property; or". (b) Subparagraph (3) of paragraph (a) of the first section of such I Act is amended by inserting immediately before the period at the end ! thereof the following: ", but which is not attached to any such machine t or mechanical device as a constituent part". I SEC. 3. The first section of such Act is further amended by striking out "Alaska, Hawaii" in paragraph (b) thereof and inserting in lieu thereof "the District of Columbia", and adding at the end of such section the following new paragraphs: " (d) The term 'interstate or foreign commerce' means commerce (1) between any State or possession of the United States and any place outside of such State or possession, or (2) between points in the same State or possession of the United States but through any place outside thereof. "(e) The term 'intrastate commerce' means commerce wholly within one State or possession of the United States." SEC. 4. The first paragraph of section 2 of the Act of January 2, 1951, is use 1172. is amended by inserting immediately before the period at the end thereof a comma and the following: "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". SEC. 5. Section 3 of the Act of ilanuary 2, 1951, is amended to read is use 1173. as follows: "SEC. 3. (a)(1) I t shall be unlawful for any person engaged in the Mamifaetwers business of manufacturing gambling devices, if the activities of such ^"^ dealers,

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business in any way affect interstate or foreign commerce, to manufacture any gambling device during any calendar year, unless, after November 30 of the preceding calendar year, and before the date on which such device is manufactured, such person has registered with the Attorney General under this subsection, regardless of whether such device ever enters interstate or foreign commerce. "(2) I t shall be unlawful for any person during any calendar year to engage in the business of repairing, reconditioning, buying, selling, leasing, using, or making available for use by others any gambling device, if in such business he sells, ships, or delivers any such device knowing that it will be introduced into interstate or foreign commerce

Registration,

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