Possession of a gambling device

§ 225.30 Possession of a gambling device.\n a. A person is guilty of possession of a gambling device when, with\nknowledge of the character thereof, he or she manufactures, sells,\ntransports, places or possesses, or conducts or negotiates any\ntransaction affecting or designed to affect ownership, custody or use\nof:\n 1. A slot machine, unless such possession is permitted pursuant to\narticle nine-A of the general municipal law; or\n 2. Any other gambling device, believing that the same is to be used in\nthe advancement of unlawful gambling activity; or\n 3. A coin operated gambling device with intent to use such device in\nthe advancement of unlawful gambling activity.\n b. Possession of a slot machine shall not be unlawful where such\npossession and use is pursuant to a gaming compact, duly executed by the\ngovernor and an Indian tribe or Nation, under the Indian Gaming\nRegulatory Act, as codified at 25 U.S.C. §§§§ 2701-2721 and 18 U.S.C\n§§§§ 1166-1168, where the use of such slot machine or machines is\nconsistent with such gaming compact and where the state receives a\nnegotiated percentage of the net drop (defined as gross money wagered\nafter payout, but before expenses) from any such slot machine or\nmachines.\n c. Transportation and possession of a slot machine shall not be\nunlawful where such transportation and possession is necessary to\nfacilitate the training of persons in the repair and reconditioning of\nsuch machines as are used or are to be used for operations in those\ncasinos authorized pursuant to a tribal-state compact as provided for\npursuant to section eleven hundred seventy-two of title fifteen of the\nUnited States Code in the state of New York.\n d. Transportation and possession of a slot machine shall not be\nunlawful where such slot machine was transported into this state in a\nsealed container and possessed for the purpose of product development,\nresearch, or additional manufacture or assembly, and such slot machine\nwill be or has been transported in a sealed container to a jurisdiction\noutside of this state for purposes which are lawful in such outside\njurisdiction.\n e. Transportation and possession of a gambling device shall not be\nunlawful where (i) the manufacturer or distributor of the gambling\ndevice has filed a statement with the state gaming commission required\nby subdivision twenty-one of section one hundred four of the racing,\npari-mutuel wagering and breeding law, (ii) such gambling device was\ntransported into this state in a sealed container and possessed for the\npurpose of exhibition or marketing in accordance with such statement,\nand (iii) such device is thereafter transported in a sealed container to\na jurisdiction outside of this state for purposes that are lawful in\nsuch outside jurisdiction.\n Possession of a gambling device is a class A misdemeanor.\n