Nebraska Online Gambling
Nebraska gambling laws ban most forms of betting, though the state allows a few idiosyncratic types of gambling. Bone fide games and skill machines are legal (for now). Sports betting and daily fantasy sports are illegal, though bills sit in both houses of the legislature to legalize DFS gaming.
The gambling laws are strict in Nebraska. Even football pools, March Madness brackets, and other such minor gambling is illegal. Social gaming is not allowed, while land-based commercial casinos are banned. Online poker, online casinos, and mobile gambling are illegal. In short, Nebraska legalized state-supported lottery gambling, charitable gambling, and Indian casinos.
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Laws That Pertain to Nebraska Gambling
Section 28-1101 [B] provides the official definition of gambling in Nebraska. Clause (4) states, “A person engages in gambling if he or she bets something of value upon the outcome of a future event, which outcome is determined by an element of chance, or upon the outcome of a game, contest, or election.”
According to Sections 28-1102 to 28-1107, the list of gambling crimes includes: promoting gambling activities, collecting gambling debts, and possessing gambling records or gambling devices. Organizing and promotion gambling can be either a misdemeanor or a felony, depending frequency of the offense and the amounts wagered.
Section 29-1110 bans gambling (by residents) that takes place outside the state, “it shall be no defense to a prosecution under any provision of this article relating to gambling that the gambling is conducted outside this state and is not in violation of the laws of the jurisdiction in which it is conducted”.
Section 29.1110 refers to sports betting made over telephone lines and the Internet, much like the 1961 Wire Act bans such gambling. That being said, the above passage could refer to any form of online or mobile gambling, so long as Nebraska residents are gambling across state lines. While Nebraska law makes most forms of online gambling illegal, that does not mean Nebraska law enforcement prosecutes such infractions.
Is Gambling Legal in the State of Nebraska?
Most forms of gambling are illegal in the State of Nebraska, though charitable gambling is widespread and the major forms of lottery gambling are available. Land-based casinos are restricted to five tribal gaming venues. The state of Nebraska continues to ban commercial casinos, though most of its neighbors have both.
One gets the idea Nebraska would ban anything but state-sponsored and charitable gaming, if possible. The 1988 Indian Gaming Regulatory Act keeps Nebraska from an outright ban of tribal casinos, but the legislature has no interest in allowing commercial land-based casinos, online casinos, online poker sites, or sportsbooks.
Type of Gambling – Offered/Licensed? – Notes & Restrictions
- Online Gambling – No – Online poker and casinos have not been legalized.
- Land-Based Casinos – Yes – 5 tribal casinos. No commercial casinos.
- Charitable Gaming – Yes – Bingo, Pickle Card Games, Raffles, and Keno.
- Lottery Betting – Yes – State Lottery (1993), Powerball (1994), Mega Millions (2010).
- Minimum Gambling Age – 18 for charitable gambling, pari-mutuels. 19 for lottery. 21 for casinos.
Is Online Poker Legal in Nebraska?
Online poker is not licensed and regulated in Nebraska. To be realistic, Nebraska gamblers continue to play at unlicensed offshore online poker sites, but that is not sanctioned by the Nebraska legislature. Some online gambling sites suggest that makes online poker legal in Nebraska. In truth, such gaming exists in a gray area. It certainly isn’t legal if you read Section 29-1110 above, but such activities are not prosecuted by Nebraska authorities.
Players should be cognizant of the laws of the state and understand, though Nebraska law enforcement has never charged online gamblers with a misdemeanor, that does not mean they won’t in the future. Those organizing illegal online gambling in Nebraska are the ones who would face the brunt of the law, of course.
Is Sports Betting / Daily Fantasy Sports Legal in Nebraska?
Sports betting is not legal in Nebraska. Like most US states, the Professional and Amateur Sports Protection Act (PASPA), which was passed in 1992 and enacted in 1993, banned sports betting for the past 25 years. In May 2018, the US Supreme Court struck down PASPA in a 6-3 vote, which allowed individual US states to pass sports betting bills. In keeping with its anti-gambling stance, Nebraska lawmakers have not introduced a sportsbook legalization bill. Proponents should not expect sports betting anytime soon.
Gov. Pete Ricketts said in 2018, “Sports betting is illegal in Nebraska and we have no plans to change that.”
The subject of daily fantasy sports is a little different, though not by much. State Senator Tyson Larson introduced L 469 to the Nebraska Senate in January 2017. The bill would have legalized and regulated paid-entry fantasy sports in the state. Essentially, L469 is a daily fantasy sports bill. The bill had some support in 2017, but appears to have lost any support it had in 2018. In April 2018, the bill was indefinitely suspended by Sen. Larson. Meanwhile, even seasonal fantasy sports, football pools, and March Madness brackets are illegal.
Does Nebraska have land-based casinos?
Yes. Nebraska has 5 land-based tribal casinos. Class II gambling is legal in the state under the Indian Gaming Regulation Act (1988), a federal law which allows tribes which are accredited by the US Indian Affairs Bureau and which has signed a gaming compact with their state. Class III or Las Vegas-style gambling is illegal, so no commercial land-based casinos exist in Nebraska.
CASINOS
| City | Name of Casino | Address | Phone Number | Detais |
|---|---|---|---|---|
| Emerson | Iron Horse Bar & Casino | 1106 South Main Street, Emerson, Nebraska 68733 | (402) 695-0180 | 89 Gaming Machines |
| Lincoln | Lincoln Race Course | 7055 South First Street, Lincoln, Nebraska 68512-1000 | (402) 474-5371 | Race Book |
| Niobrara | Ohiya Casino & Resort | 53142 Highway 12, Niobrara, Nebraska 68760-7055 | (402) 857-3860 | 408 Gaming Machines |
| Walthill | Lucky 77 Casino | 200 Main Street, Walthill, Nebraska 68067 | (402) 846-5545 | 64 Gaming Machines |
| Winnebago | Native Star Casino | 1500 Industrial Parkway, Winnebago, Nebraska 68071 | (402) 878-2901 | 85 Gaming Machines |
Does Nebraska have any legal betting tracks / shops?
Yes. Nebraska has 5 racetracks which have pari-mutuel betting. The racetracks are found in Omaha, Columbus, Hastings, Grand Island, and South Sioux City. Each has a racebook, though the gaming facilities do not have betting shops or racinos.
Does Nebraska allow off-track betting?
No. Nebraska leaves its pari-mutuel betting to the official racetracks. The state does not allow off-track betting, a move designed to help the local racetracks themselves.
HORSE TRACKS
| City | Name of Casino | Address | Phone Number | Detais |
|---|---|---|---|---|
| Columbus | Columbus Races | 822 15th Street, Columbus, Nebraska 68601-5370 | (402) 564-0133 | Race Book |
| Grand Island | Fonner Park | 700 East Stolley Park Road, Grand Island, Nebraska 68801-2200 | (308) 382-4515 | Simulcast Racing |
| Hastings | Adams County Fairgrounds | 947 South Baltimore Avenue, Hastings, Nebraska 68901-6718 | (402) 462-3247 | Race Book |
| Omaha | Horsemen’s Park | 6303 Q Street, Omaha, Nebraska 68117-1696 | (402) 731-2900 | Race Book |
| South Sioux City | Atokad Race Track | 1524 Atokad Drive, South Sioux City, Nebraska 68776-5423 | (402) 494-5722 | Race Book |
Does Nebraska allow charitable gambling?
Yes. Nebraska has a varied set of charitable gambling options. Bingo halls are available throughout the state. Local raffles are held by charitable organizations. Keno betting is legal. So are “pickle card games”, which are similar to the pull-tab games that are popular in other states. Pickle cards look a bit like scratch cards, though they have a different game mechanic.
BINGO HALLS
| City | Name of Casino | Address | Phone Number | Detais |
|---|---|---|---|---|
| Lincoln | Cornhusker Bingo | 2940 Cornhusker Highway, Lincoln, Nebraska 68504-1518 | (402) 464-2558 | 400 Bingo Seats |
| Lincoln | Superior Bingo | 4400 North 48th Street, Suite 4, Lincoln, Nebraska 68504-1483 | (402) 464-8000 | 300 Bingo Seats |
Is Social gaming allowed in Nebraska?
Social gaming has not been formally legalized in Nebraska. Social gaming sites operate, but lawmakers and residents alike question the legality of such gaming. Sites like Big Fish Games, which offer “casual games”, operate in a legal gray area. Zynga and Double Down Casino sign up players, but the activity might be deemed illegal in due time. Nebraska players should check back periodically to make sure their social gaming is legal.
Nebraska is one of a handful of states in Middle America which have alternative forms of gaming, which are not considered gambling: bone fide games.
Are “bona fide” games allowed in Nebraska?
Nebraska allows “bona fide” games and skill machines. A “bona fide” game is a skill game in which the player bets against themselves. Nebraska’s official government website describes the type of games includes, stating, “Skill activities might include darts, bowling and pool tournaments.” Putting money in an arcade game or pinball machine is considered a bona fide game.
Poker and sports betting do not fall on the list of bona fide games, though. If the game has an element of chance, then it is not considered a skill game. In Nebraska, skill machines are defined as gaming machines that mostly involve skill. The Omaha World-Herald described skill machines thusly, “A slot machine, according to state law, is illegal when it’s primarily a game of chance or luck. A game becomes legal when it’s mostly a game of skill.”
The same article stated, “These so-called ‘skill’ machines, which also go by names like Nebraska Skill, Big Daddy, and Banilla, are thriving across Nebraska, tripling in number over the past three years.”
As one can see, US gambling is multifaceted, complex, and fragmented state-by-state.