Is Gambling Legal In Virginia

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  • Casino gambling: This legislation allows casino gaming regulated by the Virginia Lottery Board. This only applies in eligible localities that met criteria: the Cities of Portsmouth, Richmond.
  • Virginia gambling law falls somewhere in the middle of the spectrum. It’s far from being as liberal as the laws enjoyed by residents of Nevada, but it’s also not as restrictive as what can be found in Hawaii or Utah. The state has maintained a balancing act for decades, although the overall gambling industry has slowly grown over the years.
  • Virginia has had a popular history of gambling. Nowadays the activity is not fully regulated in the state, but the necessary legislation has been delivered. Meanwhile, the undefined legal status hasn’t stopped Virginians from traveling across state borders to neighboring areas and gambling in.

Legal land-based gambling in Virginia is limited to playing the lottery and wagering on out-of-state races in one of the five licensed off-track betting facilities. Local contests are not available because Virginia’s sole racetrack, Colonial Downs, was closed in 2014 due to a severe conflict with the Virginia Racing Commission.

The Virginia Legal Gambling Age is 18, which makes them one of the easiest legal gambling states to enjoy. Since they only require you to be 18, their online gambling market is one of the largest available.

The property was even considered for a golf course at one point in 2016, but fortunately, it was purchased by a Chicago-based company called Revolutionary Racing. The new owners are now renovating the track and want to reopen it in the fall of 2019.

Also, local lawmakers allowed Revolutionary Racing to open one gambling facility in New Kent County. This facility will offer horse racing-themed electronic games of chance and will likely open its doors in early 2019. Virginia is also home to the Pamunkey Tribe, which managed to win federal recognition in January 2016. The Pamunkey have already expressed an interest in building a casino resort on their reservation, but they haven’t signed a gambling compact with the state yet.

Virginia Gambling Law Summary

Gambling within the borders of Virginia is regulated by Section 18 of the Virginia code. All players who participate in unlicensed gambling are theoretically looking at a misdemeanor charge, but the regulations never mention online gambling on the internet. Furthermore, the law has an exemption for private gambling. Consequently, many experts believe that the general rules don’t extend to online play, which would mean that residents are free to play on offshore iGaming sites. This theory hasn’t been tested in the Court yet, as the Virginia law enforcement officers aren’t even trying to catch online gamblers.

Gambling in Virginia is covered by the Code of Virginia, Section 18.2-325 et seq. and 59.1-364 et seq. The minimum gambling age is 18.

Online Gambling in Virginia

Things are looking dire for legal online gambling in Virginia.

Virginia defines gambling as “making, placing, or receiving any bet or wager of money or other thing of value, dependent upon the result of any game, contest, or event, the outcome of which is uncertain or a matter of chance.” There is no specific prohibition on iGaming, but the general definition is broad enough to allow the prosecution of people who play on offshore sites. Participating in unlawful gambling is generally classified as a Class 3 misdemeanor.

The only exception is gambling on the outcome of a horse race outside of a licensed facility, which is a Class 1 misdemeanor. On a brighter note, Virginia residents are free to participate in paid DFS contests – local lawmakers passed a bill legalizing this gambling form in early 2016.

Virginia Casinos

Land-based casino games aren’t available in Virginia. All attempts to legalize riverboat gambling in the 1990s were turned away. Casino bill SB No. 19 has been bottled up in a Senate committee ever since it was officially filed in 2014, and the state cracked down hard on internet cafes that offered digital slots and video poker games in the 2010s.

There is a slight glimmer of hope, though – in 2018, local lawmakers allowed Revolutionary Racing, the new owners of the Colonial Downs racetrack, to open a gambling facility equipped with so-called historical horse racing machines. These devices are similar to slots but rely on the results of past horse races to determine the outcome of each game. This new facility will be called “Rosie’s Gaming Emporium” and is expected to start accepting customers in March 2019. The odds of Virginia legalizing real online casino games soon are nil.

Virginia Poker

Playing poker is illegal in Virginia unless the game is hosted in a private home and no rake is taken. Local poker enthusiasts tried to challenge the game’s legal status by filing a lawsuit in 2010 after a local charitable poker room was shut down by the Portsmouth Commonwealth Attorney. The plaintiff argued that poker is a game of skill and even brought in a 2004 WSOP Main Event Champion, Greg Raymer, to support his case. The judge acknowledged Raymer’s expertise but upheld the ban, stating that even the slightest element of uncertainty is enough to make the game illegal under state law. The plaintiff filed an appeal, and the case was brought before the Supreme Court. Unfortunately, the Court refused to issue a ruling and dismissed the case. Simply put, Virginia doesn’t have a land-based poker industry and won’t legalize internet play anytime soon.

Virginia Sports Betting

Sports betting in Virginia is currently limited to betting on horse races in licensed off-track facilities. On-site betting is also legal, but the state’s sole racetrack, Colonial Downs, has been closed since 2014 and won’t reopen until fall 2019. Many experts, including gaming research firm Eilers & Krejcik, indicate that the state is highly likely to push for the legalization of betting on traditional sports in 2019 or 2020. In July 2018, these speculations were all but confirmed by Virginia Secretary of Finance Aubrey Layne, who noted that “there are significant monies involved” in this gambling form. Nevertheless, it’s safe to assume that any potential sports betting expansion in Virginia will initially be limited to land-based venues.

Virginia Daily Fantasy Sports

The Virginia Daily Fantasy Sports Act was signed into law on March 7, 2016, by Gov. Terry McAuliffe. DFS companies that want to operate in Virginia are required to register with the Department of Agriculture and Customer Services, which is tasked with conducting an annual audit of all DFS companies operating in the local market to ensure compliance with the new law. Operators are also required to pay a $50,000 registration fee.

The DFS Act includes several consumer protection provisions: the operators’ employees and their immediate relatives are banned from participating in DFS contests, player funds have to be segregated from operating funds, and player data must be kept secure. The minimum age to participate in DFS contests in Virginia is 18. High-profile DFS operators that offer their services to Virginia residents include FanDuel, DraftKings, Yahoo DFS, and Fantasy Draft.

Virginia Lotteries

Virginia Lottery offers local and multi-state draw games, including Powerball and Mega Millions. Lotto enthusiasts can also purchase scratchers and Print ‘n Play tickets, but unfortunately, none of these products are available online. If you want to participate in any of the games offered by the Virginia Lottery, you need to visit one of the licensed retail shops.

Virginia Bingo

Live bingo is allowed in Virginia as long as charity organizations host the games. Commercial bingo constitutes unlawful gambling, which means that playing on offshore sites would likely be classified as a Class 3 misdemeanor. Regrettably, there’s no reason to expect this status quo to be challenged in the foreseeable future.

Virginia Online Gambling FAQ

What types of gambling are available in VA?

Virginia’s landscape is devoid of any casinos, tribal, or commercial. Fortunately, local gambling enthusiasts can engage in pari-mutuel horse race betting and various forms of charitable gambling. Virginia operates its own lottery, which has been relatively popular over the past few years. Nevertheless, lottery tickets can’t be purchased online, and the state doesn’t have any locally licensed internet gambling sites.

What laws cover online gambling in Virginia?

Gambling

Land-based gambling, including home games, is covered by Virginia Code, Section 18. Online gambling isn’t regulated within the borders of Virginia. Arguably, the authorities could try to apply the general brick-and-mortar laws to online gaming, but in the end, they simply don’t bother with trying to prosecute people who frequent offshore sites.

Is real money online gambling legal in Virginia?

The current legal status of online gambling in Virginia is somewhat ambiguous, but there’s absolutely no doubt that the Virginia officials simply don’t try to harass online gamblers who play on offshore sites.

Which offshore gambling sites accept Virginia residents?

All major US-facing poker rooms, casinos, and sports betting sites are available to Virginia residents.

What are the most popular banking options supported by Virginia -facing sites?

Once you decide to fund your online gambling account, you’ll usually have to choose between credit/debit card and Western Union/MoneyGram. Cashing out shouldn’t be a problem if you stick to the reputable sites, as all of them allow you to withdraw via a wire transfer.

Does Virginia offer any intrastate online gambling?

No. The sites that accept Virginia residents are all based and licensed offshore.

Is it likely for Virginia to regulate online gambling?

Virginia doesn’t have a healthy gambling industry that would be able to sustain a serious iGaming operation, so it should come as no surprise that Virginia legislators aren’t exactly thrilled about allowing state-regulated online games of chance.

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The frenzy that caught many technology-loving citizens, regarding the United States online gambling expansion, is not necessarily a phenomenon that we might see at a prevailing level in the law-creating structures of the states.

Virginia is at the bottom of the list when it comes to the prospect of instating such a regulation. We usually find this sort of reluctance to even debate the subject in states which haven’t a very liberal stance on gambling in general. Seeing how there aren’t any casinos in VA, it’s actually no surprise that talks about online casinos haven’t even started.

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Contents

Virginia Gambling Laws Overview

Virginia gambling laws aren’t the strictest in the country, but they also don’t offer any intense support in expanding these activities. Putting it simply, the authorities are not yet convinced of the pluses the instalment of slot machines in Virginia is going to bring to state’s budget.
The biggest shortage in the VA gambling field is, without any doubt, the lack of land-based casinos state-wide. For those state residents that are keen on betting in table games, not offering this option can result in two things:

  • An important part, as some of the more permissive states have found out, of potential tax revenues aren’t going to Virginia’s budget
  • This money is still spent, only in the benefit of others: either travelling to nearby states, Maryland and Delaware being the main speculator of this opportunity, or even worse, going abroad, towards online casinos based off-shore

Statistics show that a state with tribes willing to put the base of casinos on their land, get a taste of what the extra revenue from casino activity means and are much more relaxed towards the idea of allowing the expansion of gambling. In Virginia, the only recognized tribe thus far, the Pamunkey have had a different approach, being completely against it, even having to reelect a new tribal chief, which would support less this idea.

However, gambling in Virginia isn’t completely non-existent. The largest part is played by race betting. Until 2015, a renowned horse racetrack, the Colonial Downs, offered live racing to enthusiasts. However, some issues and endless debates made the venue to close-up shop for an indefinite amount of time. At the time, it’s rumoured to become a golf course. Still, betting on races is possible through the OTB locations around the state.

Virginia also has a state lottery and allows charitable gaming, as well as the organizing of social events, in the form of social poker, as long as no fees are paid for taking part.

Virginia Online Gambling Possibilities

Online gambling Virginia is not a subject in the state’s fiery debates so far, VA having other priorities to handle in this field, before that. This means that no slot machines are available anywhere between state borders. A solution has been found for this issue, as well, and seeing how the best casinos, in this case, are the ones available for VA players, it was the loop that off-shore new RTG online casinos found to enter this market.
For example, Bovada is legal in Virginia through the fact that it’s not actually specified to be illegal anywhere in the legislation. Thus, for those who wish to play online slots for real money, the only thing to look out for is the best way to discern between plenty of options existent out there. Filtrating these online sites through the pluses and minuses are given to them in professional made reviews, like the ones from the list above, might just be the easiest and most reliable way to go about this.

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Offline Gambling

Racetracks

The races should have been the element to replace gambling casinos in Virginia’s market. They were the main betting entertainment provider, up until 2015, when the only racetrack active, suspended its operations. Nowadays, the track is said to become a golf course, which ironically enough would allow golf courses betting.

Lottery

What would gambling in VA mean without the existence of a state lottery? It also participates at the interstate available versions, Mega Millions and Powerball.

Charitable Games

Some non-profit organizations are allowed to host charitable gambling events, in the form of bingo games, raffles or duck racing, in order to raise money for a specified cause. Also, as a result of many people not wanting to travel to casinos near VA, social casino nights are allowed, as long as the organizers don’t receive a fee for hosting such events. Surely though, this is a weak replacement, as it mainly offers a form of social poker, while other types of gambling, such as baccarat, are hard to be found at such events.

Future Prospects

2019 came along with an unexpected twist in the gambling market of Virginia after a bill on expanding this domain has passed the State Senate. The main development that this bill stipulates is that of allowing sports betting Virginia, which would be a terrific first step on the road to gambling expansion. It also could lead to the opening of one of the first state casino resorts, located in Bristol. Before getting hopes up, at this point, a referendum must be held on the matter, which would only be possible in November, but it’s still great news on the authorities’ behalf.

Is Gambling Allowed In Virginia

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FAQ
Is gambling legal in Virginia?

There are some forms of gambling Virginia permits within its state: lottery, charitable games, and racetrack betting. There currently aren’t any gambling casinos, although some movement has been seen lately in that area, with a new bill passing Senate, which would allow a first casino to be built in Bristol. For those who haven’t the patience to wait that long, there is the option of traveling to nearby states, Maryland and Delaware being the closest go-to destinations. Also, online casinos are available, but only those situated in across borders jurisdictions.

Are there casinos in VA?

There aren’t any casinos in Virginia at this point, but the alternatives of going up online are permitted. As long as the operators of these online casinos are licensed in other countries which allow these activities. Also, driving around 100 miles to the closest casino in Maryland, for example, although uncomfortable, might just solve the issue.

Can I gamble online in Virginia?

If I would like to do some Internet gambling near me, there are only four states where I need to go, for that to be legal. As a resident of Virginia, these states are a bit farther away than comfortable, so another option to engage in online poker, would be to use the off-shore websites that accept players from the US. The main problem with not having Virginia online casinos is that if fraud happens, no American authority is allowed to check out the issue, but instead, you’d have to entrust the matter to the licensing authority, which is in another country altogether. For that not to happen, choose carefully the online casinos to play at. Instead of going solo on searching the wide web for a safe website, it’s better to follow the recommendation list of casinos from those sites specialized in reviewing online casinos.

Is Online Gambling Legal In Virginia

What is the legal age for wagering in VA?

Not unlike the neighboring West Virginia gambling age, the same partition happens when it comes down to the Virginia gambling age: 18 for a lottery, bingo, racetrack betting and 21 for online casino gambling.

Is Gambling Illegal In Virginia

Are there any changes for the good in Virginia’s gambling market?

There is a real opportunity for a first addition to the Virginia casino list, in Bristol, after a bill has passed Senate in early 2019. If this bill manages to pass a state referendum, the possibility to play roulette should be available in no-time. The same bill is also trying to regulate sports betting, so it seems there are many things to be looking for in the near future.