Coin Slot

Coin Slot Magazine - #086 - 1982 - April [International Arcade Museum]
Legislative-
UPDATE
Dear Mr. Stuart,
Opinion On
Kentucky's Law
You have written to ask whether the possession of fully
operational antique slot machines kept in the home with
no intent by the owner to use the machines to promote or
participate in gambling activities is a violation of KRS
528.010 et seq.
STATE OF
KENTUCKY
•*•*•*••**
Dear Mr. Sweeney,
I was placed in something of a quandry by your letter and
telephone calls requesting that I sponsor and/or support
legislation to exempt antique slot machines from the
effect of our statutory prohibitions of the ownership of
\gambling machines. My staffs review of the statutes
suggested that the activities in which you told me you
engage or want to engage, i.e. collecting, buying, selling
and trading in antique slot machines are already perfect-
ably permissable in Kentucky so long as there is no
promotion of, or intent to promote, illegal gambling activity.
Accordingly, I sent to the Attorney General a request for an
opinion as to the legality of these activities.
This morning I received the opinion, of which I have
enclosed a copy. As you can see, the Attorney General is
also of the opinion that you are not subject to any penalties.
I am sure that you can appreciate that as a matter of policy
I do not like to sponsor legislation which does not actually
change existing statutes. If any law enforcement agencies
have been misreading the law and attempting to restrict
your activity, perhaps the existence of this Opinion of the
Attorney General will improve your position.
Yours truly,
Eugene P. Stuart
Dear General Beshear,
During the current session of the General Assembly, a
matter has come to my attention which I believe requires
your interpretation of the current law of Kentucky in order
for me as a legislator to take the correct action. I would
therefore like to request your opinion as to the legal
significance for the following fact situation.
Assume that a collector owns several fully operational
antique slot machines, which he keeps in his home. He
KRS Chapter 528 generally imposes sanctions against
those persons who advance or promote gambling activity.
KRS 528.010(1) defines a person who advances gambling
activity as one who, when acting other than a player,
engages in conduct that materially aids any form of
gambling activity. Gambling is defined as "staking or
risking something of value upon the outcome of a contest,
game, gaming scheme or gaming device which is based
upon an element of chance . . ." KRS 528.010 (3). A
"gambling device" includes slot machines under KRS
528.010(4) (a).
Specifically, KRS 528.080 prohibits the possession of a
gambling device. KRS 528.080 (1) states:
A person is quilty of possession of a gambling device
when, with knowledge of the character thereof, he manu
factures, sells, transports, places or possesses a gambling
device or conducts or negotiates any transaction affecting
or designed to affect ownership, custody or use of any
gambling device, believing that it is to be used in the
advancement of unlawful gambling activity.
Under this statute belief is an essential element of the
offense. Brickey, Kentucky Criminal Law, §25.05. There
fore, when an owner possesses such a device, but has no
intent to use the machine or a belief that the machine will
be used to promote unlawful gambling activity, possession
of the machine does not constitute a violation of KRS
528.080. It also appears that the buying, selling or trading
of such machines would not be violative of KRS 528.080
as long as the person has no intent to use the machine or a
belief that the machine will be used to advance or promote
unlawful gambling activity.
Sincerely,
Steven L Beshear
Attorney General
does not, has never, and does not contemplate using
those machines to promote or participate in prohibited
gambling activity, but is rather purely a hobbyist collector.
Does his activity subject him to prosecution, or his ma
chines to forfeiture, under the provisions of KRS 528.010
et seq?
Whatever the response to the above question, can the
provisions of KRS 528.010 et seq be interpreted to prohibit
buying, selling, and trading such machines, again assuming
.com
m
:
u
m
use of use of
fro
that there is no d
use
or contemplation
m
-
e
e
d
machines o
prohibited a gambling
activity?
l for a for
c d to this
n you
ar attention
Thank
your
matter. -
.
w
o
w
D truly,
w
Yours
w
/
:/
Gene
http Stuart
68 —THE Arcade
COIN Museum
SLOT
© The International
those
April, 1982
http://www.arcade-museum.com/