How To Play Legal Blackjack In Wisconsin

Summary Of Relevant Legal Wisconsin Blackjack Statutes And Bills

• Wisconsin Constitution Article IV, Section 24: Explicitly prohibits the state from offering blackjack as a part of the state lottery and states a constitutional amendment and referendum are necessary for future gambling expansion.
• Wisconsin Statutes, Chapter 945: Prohibits in-person blackjack outside of authorized tribal casinos. Penalizes unauthorized blackjack operations like “gambling places” and home games for profit.
• Wisconsin Tribal Gaming Compacts: Gaming compact agreements with all 11 federally-recognized Native American tribes in Wisconsin, allowing them to host blackjack and other forms of Class III Gaming across 26 tribal casinos.
• Wisconsin Statute §14.035: Allows the governor of Wisconsin to enter in any tribal-state gaming compact that abides by the Indian Gaming Regulatory Act (IGRA). Permits blackjack and other forms of Class III gaming at tribal casinos through compacts.
• Indian Gaming Regulatory Act: Governs tribal-state gaming compacts and makes tribal casinos exempt from Wisconsin gambling restrictions due to federal law.

Blackjack In Wisconsin Constitution And Statutes

Article IV, Section 24 of the Wisconsin Constitution explicitly prohibits blackjack from being conducted through the state lottery, however this just means blackjack is confined to tribal lands and Wisconsin online casinos. The section reads: “Notwithstanding the authorization of a state lottery under par. (a), the following games, or games simulating any of the following games, may not be conducted by the state as a lottery: 1) any game in which winners are selected based on the results of a race or sporting event; 2) any banking card game, including blackjack, baccarat or chemin de fer…”

Chapter 945 of the Wisconsin Statutes targets commercial gambling activities like unauthorized blackjack games for profit. Section 945.03 provides six examples in their definition of “commercial gambling.”

• (a) Participates in the earnings of or for gain operates or permits the operation of a gambling place; or
• (b) For gain, receives, records or forwards a bet or offer to bet or, with intent to receive, record or forward a bet or offer to bet, possesses facilities to do so; or
• (c) For gain, becomes a custodian of anything of value bet or offered to be bet; or
• (d) Conducts a lottery where both the consideration and the prize are money, or with intent to conduct such a lottery, possesses facilities to do so; or
• (e) Sets up for use for the purpose of gambling or collects the proceeds of any gambling machine; or
• (f) For gain, maintains in this state any record, paraphernalia, tickets, certificates, bills, slip, token, paper, writing or other device used, or to be used, or adapted, devised or designed for use in gambling; or
• (g) For gain, uses a wire communication facility for the transmission or receipt of information assisting in the placing of a bet or offer to bet on any sporting event or contest, or for the transmission of a wire communication which entitles the recipient to receive money or credit as a result of a bet or offer to bet.”

This section makes no mention of Wisconsin casino sites that are internationally-licensed and regulated. Bovada is the best online casino Wisconsin has to offer and has provided legal blackjack in America’s Dairyland for over a decade.

Wisconsin Tribal-State Gaming Compacts

Under Wisconsin Statute §14.035, the governor is permitted to engage in gaming compacts with Wisconsin’s 11 federally-recognized tribes. According to Indian Gaming Regulation, Wisconsin casinos can offer blackjack (Class III gaming) since they fulfill the following requirements.

Class III gaming activities shall be lawful on Indian lands only if such activities are—

• (A) authorized by an ordinance or resolution that—
  • (i) is adopted by the governing body of the Indian tribe having jurisdiction over such lands,
  • (ii) meets the requirements of subsection (b) of this section, and
  • (iii) is approved by the Chairman,
• (B) located in a State that permits such gaming for any purpose by any person, organization, or entity, and
• (C) conducted in conformance with a Tribal-State compact entered into by the Indian tribe and the State under paragraph (3) that is in effect.”