September 23,2008 

Bulletin No: 2008-2 

Subject: Tribal Registration of Gaming Equipment with DOJ in Compliance with 

the Johnson Act 

It has become apparent that a number of tribal gaming operations may not be aware of the 

Johnson Act requirement that they must register with the Department of Justice (DOJ) 

pursuant to I5 U.S,C. 9 11 73 (Johnson Act) in connection with their use of certain 

gaming equipment. 

It is widely known that the Indian Gaming Regulatory Act (IGRA) contains a Johnson 

Act exemption, 25 U.S.C. fj 2710(d)(6), but this exemption applies only to one section of 

the Johson Act, 15 U.S.C. 5 1175, relative to the manufacture, reconditioning, repair, 

sale, transportation, possession or use of gambling devices in lndian country. Further, 

this limited exemption is conditioned on the requirement that the tribe must have a 

compact with the state that is in effect. 

The above cited exemption is not an exemption from the Johnson Act in its entirety. 

SpecificaIly, the requirement to register with the U.S. Attorney General pursuant to 15 

U.S.C. 5 1173 (a) still applies to tribes that use gambling devices under IGRA and a 

tribal-state compact. In addition, the requirements to ship or possess only properly 

marked or numbered devices pursuant to 1 5 U.S.C. $ 1 1731~)-(e) and 5 1 174 also apply. 

The registration process is relatively simple and must be completed in December of the 

year preceding the desired year of registration. 

The U.S. Department of Justice has recently published two documents addressing the 

registration requirements (attachment "A'' to this bulletin) and a form letter preferred far 

use in registering (attachment "B" to this bulletin). The signed registration letter may be 

submitted via the mail, via fax, or via e-mail. Further information is available at 

www.usdo j . govlcriminal/oeo/links/~amblin~. 

We strongly urge a11 tribes using gambling devices to properly register wit11 the U.S. 

DOJ. Such registration will avoid violating the Johnson Act and can avoid potentid 

violations of state gambling statutes where included in compacts. 

HATIONAL HEA.DQUARTERS 1@1 L 51 i4W. Sui!? "03. Vdash~nnor, L)C ?On05 TPI- 702 632.7003 Fax. 202.632 7066 WWW.NIGC.GOV 

REGIONAL owtces Parl.i-d. DR. Sacrijrnr~llo LA,, Phoen~x, A7. 51. Paul MN. Tuim OK 
U.S. Department of Justice 

Criminal Division 

Frequently Asked Questions About Registering 

Under the Gambling Devices Act of 1962 

Should I contact the Department of Jushshce to find out whether or not I ned to register? 

No, Dqaftment of Justice staff cannot give legal advice to private citizens. We therefore cannot 

tell you whether you should register, whether a particular device is considered to be a gambling 

device, or whether a particular component of a gambling device is covered by tl~e statute. The 

applicable statute, 15 U.S.C. Sections 1 171-1 178, is available on our website, 

www.~~doi.aov/criminal/omff inlcsf~ambling. If you have questions of legal interpretation, you 

may choose to consult with a pvate attorney. 

Is registering with fIae Department of Justice the same thing as obttxining a gamblimg license? 

No, registration is not a license, and does not authorize you to do anything that is not in accord 

with federal, state, or local laws. You may need to obtain other licenses in addition to 

registering. 

Can I contact the Department of Jush'ce to Pnd out what gambling &vices or activities are 

leg02 in my state, or what licenses I need? 

The Deparhnent of Justice cannot advise you on state laws or regulations. You may research the 

state laws, contact your state's gaming commission, and/or consult with a private attorney. 

Flien do I register? 

You should register prior to engaging in any activity covered by the statute. Registration is by 

calendar year. Always specify the year for which you wish to register. You cannot register for 

more than one year in a registration request. 

At what point is it too late to regi'ster fo P the current year? 

It is never too late to register, You can regster at any time during the year, up to and including 

December 3 I " for a particular calendar year, If you were unaware that you should have 

registered prior to engaging in business or otherwise inadvertently did not register, you should 

register as soon as possible. Your registration is effective on the date we receive all the required 

Information; it is not possible to make your registration retroactive. 
How long is my registration good for? 

Your registration always expires on December 3 I" of the current year, 

When and how do I re-register? 

If you intend to be engaged in business on January 1" of the upcoming year, you should send in 

your request in December of the current year. You must submit a11 the required information, as if 

it were a new registration. It is not sufficient to simply ask us to "renew" your registration. 

What is tliefasfest way to register? 

Tile quickest way to register is to complete the Request for Regisfration form on om website, 

#g, and fax it to 202-353-7675. The form is available 

as a PDF file, wl~icl~ will allow you to type in your responses before printing it out. Be sure to 

sign the form before sending it to w. (You will need Adobe Reader to open the PDE fom, 

which can be downtoadd for free from their website, www.adobe.com. Unless you have 

purchased Adobe ProfessionaI, you will not be able to save the PDF form to your computer.) 

Tf you prefer, instead of faxing it, you may sign, scan and e-mail the completed Request for 

Registration form to Gambl~.Re@s~tion@.usdoj.gov. We can also fax or mail you a paper 

copy of the form, or e-mail you the ibm in Microsoft Word or Wordperfect format. Please 

request ths by e-mailing us at Gambling.Re~strati~n@~usdoJ.gov, or by calling 202-353-0888. 

Do 1 have to use the Request for RegistPation ? 

No, you may prepare your own letter, as long ns it contains the same information. 

Is them a fee to register? 

No. 

If 1 fm or e-nzail my request, do I meed to mail it as we![? 

No. Please submit your request to us by either fax, e-mail or U.S. mail. 
Irf Ipt-e fer to mail my registration request instead qf faxing or e-rnailiptl: it, what is the cu~ren t 

mailing address I should trse? 

U.S. Department of Justice 

950 Peulsylvania Avenue, NW 

Criminal Division, OEO 

Gambling Device Registration Unit 

JCK Building, Room 1048 

Washington, B.C. 20530-9001 

Please do not use any other address at the Department of Justice as it delays the delivery of mail 

to our Unit. 

Can J use a third party (such as a Ausinm partner or management cornparay) to register on 

my behalf? 

You may use a non-attorney third party to register on your behalf only if you submit a notarized 

letter of authorization, signed by you (include your contact information), giving the other party 

permission to do so on your behalf. This document must be submitted to us with the registration 

request. If you would like more information about this process, please send an e-mail to 

Gmblin~.Re@pisZeation@~usdoj. pv. 

If you choose to have an attorney register you on your behalf, the attorney's signed registration 

request must state that he or she represents you. 

How do I know that you received my request? 

If you send your request by facsimile, you should keep the facsimile transmittal sheet that 

indicates the transmission was successful. (Please be sure that you use your facsimile machine 

correctly so that you do not transmit blank sheets of paper.) If you send your request via U.S. 

mail, you should send it certified or registered so that you will receive a delivery receipt once 

your letter arrives at the Department of Justice. If you chose to scan and e-mail your signed 

request, please retain an electronic record showing the date the e-mail and attached request was 

delivered. Please choose only one method (facsimile, U.S. mail or e-mail) to submit your 

request. 

Cart I engage in AUS~IZ~SS if I've serzt in my reg acest, b~tt haven't received my confirmation 

letter yet? 

You are considered to be registered once your request with all the required information arrives at 

the Department of Justice. The statute itself does not require that you wait until you have the 

confirmation letter before engaging in business, but it is only once you receive the confinnation 

letter that you can be sure that you provided us with at1 the required information. 
How and wlzen will I receive the confirmation letter? 

If you submit your request in December or January, it will take approximately three weeks for us 

to process your request. December and January are our busiest months. Requests submitted at 

other times of tlie year are processed more quickly. 

All confirmation letters are sent by W.S. mail. Due to the volume of requests we process, we 

cannot fax or e-mail you the original confirmation letter. 

P71at if1 don 't receive my con$rrnation letter? 

If it 11as been more than four weeks since you submitted your request, you should send us an email at Gamblina.Rerristration@usdoi.eov and we will e-mail you a copy of your confinnation 

letter in response. If you do not have e-mail, please call 202-353-0888. 

Should 1 keep the cortfirmration letter? 

Yes. You may need a copy for your state license, U. S. Customs or other Eaw enforcement 

agencies. 

Wzaf if1 lose my confirmatiorr. letter? 

You may request another copy by sending us an e-mail at Gamblin~.Re~stration@,usdoi.aov 

or by calling 202-353-0888. 

What if any of my ir~fiirmatiort changes qper I regisfer? 

If your information cl~anges during the calendar year, please mail or fax us a letter indicating that 

you wish to amend your registration. Include both the old infomation and the new information 

in your letter. We will send you a response letter confirming that we have made the change. 

Where do 1Pnd i~ fornation about the gambling device records that J am required to keep? 

You can find the infomation in subsections (c) and (d) of 15 U.S.C. Section 1173, which are 

posted on our website, www.usdoi. ~o~r/~al/oeo/l~s/sambling. You may also send an email requesting a copy of the statute to Gamhlin_e.Reg;istrati~n~~~~doi.~~v. 

LT there a criminal p~nalty forfaihg to register? 

Yes. You can be fined (no more than $5,000) and/or imprisoned (no more than two years) and 

your gambling devices can be seized. Please refer to 15 U.S.C. Sections 1 I 76 - 1 177, posted on 

our website, m.usdoj.~ov/crirninalloeo/linksJnmb1ing, fox more details. 
Are gambling device recur& public records? 

Yes, except for registrants who are buyindusing a gambling device solely for personal use in 

their home. 

Can I contact the Depap.tmenf of Justice to verifi if someone is registered with you? 

Yes. You may e-mail the registrant's name and address to ~arnblinr.Repistrati~n@usdoi.gov. If 

you do not have e-mail, you should fax the information to 202-353-7675. All verification 

requests must be in writing. 

To wlmonz should I report possible violutions of the Gambling Devices Act? 

Since tKs is a federal law, suspected violations should be reposted to your local FBI office. You 

can find local office numbers at the FBI website, www.fbi.gov. Sovereign Indian tribes that may 

be in violation of federal gambling laws should be reported to the National Indian Gaming 

Commission (www.nigc.eov). Suspected violations of state gambling laws should be reported to 

your local police and/or your state's gaming commission. Please be aware that some states 

require gambling licensees to be regstered with the Department of Justice, in which case you 

could also report a suspected violation of the Gambling Devices Act to the state gaming 

commission. 
W.S. Department of Justice 

Criminal Division 

Office of Enforcemen! Opetations L$'ushingfon. D.C. 20530 

Tips on Completing a Registration Reuuest 

PIcase keep in mind the following tips when preparing your registration request: 

Submit separate requests for each entity you are registering. 

* Use the model Requestfor Registration, available as a form on our website, 

m.usdoi.gov/~inal/oeoeorl~~gmbIig. You may also prepare your own letter, but 

it must contain identical information to that specified in the form. 

@ Type or print legibly. 

m Provide all necessary infomation. A fully completed Request for Registration form 

provides all the information needed to process your request. 

Register under the name of your business if you have any employees. Employees do not 

need to register separately if they are acting on behalf of the business, 

* If you have changed your business name or address since you last registered, ~r6vide both 

the former name and/or address as well as the current one. 

@ If you are the owner of a business, please include "Owner" by your name under "Names 

and titles of the officer(s) and owner(s)." 

If you are registering a limited liability company, partnership, or joint venture, and tl-tere 

are no appointed oficers, provide the names of the officers of the companies that 

comprise the limited liability company, partnership, or joint venture. 

If you do not have mail service at your business and desire a confirmation letter, provide 

an dtemate mailing address. 

Specifically state where you keep your gambling device records. We do not assume that 

you keep all records at your place of business. 
Place a checkmark by all gambling activities that apply. Check "Leasing" if you lease 

devices to or from another entity. Check "Malung available for use by others" if you 

allow people to play gambling devices on your premises for: money. Check "Using" if you 

use gambling devices for non-gambling purposes, such as training, demonstration, 

testing, display, etc. Check "Personal home use only" if you keep a gambling device at 

your residence for your personal use. 

Provide the name, telephone number or e-mail address of a contact should we have 

questions about your request. 

Keep a copy of your registration request. 
REQUEST FOR IREGISTRATION 

UNDER THE GAMBLING DEVICES ACT OF 1962 

(Pleztse type or print legibly responses to all items.) 

Date: 

US Department of Justice 

95 0 Pennsylvania Avenue, WW 

Crimfnal Division, OEO 

Gambling Device Registration Unit 

JCK Building, Room 1048 

Washington, DC 20530-0001 

Fax: (202) 353-7675 

Attention: Sandra A. Holland 

Dear Mrs. Holland: 

1 am requesting repistration under the Gambling Devices Act of 1 962 (1 5 U. S .C. 1 1 7 1 - 1 178) 

for Calendar Year 

1 . Registrant's name (name of business, company, organization, or individual) : 

2. Trade name(s)/other name(s) registrant is doing business as (dba): 

3. Names and titles of the officer(s) or owner(s): 

4. Street address of registrant's business location(s) or registrant's home address, if not 

engaged in business: 
Request for Registration 

Page 2 

5. Address registration eonfirmation letter should be mailed to: 

6. Street address in a state or possession of the United States where required gambling device 

records can be viewed: 

7. Activities involving gambling devices which require registration under the statute (a check 

mark indicates which activities registrant intends to engage in): 

Manufacturing Repairing Reconditioning 

Buying Selling Leasing 

Using Making available for use by others 

Personal home use only 

Sincerely, 

(Printed name) 

Contact telephone number or emaiI address: 

Paperwork Reduction Act Notice 

Under the Paperwork Reduction Act, a person is not required to respond to a collection of iffformadion unless it 

displays a valid OMB con fro/ number. The information we are collecting i.~ mandated by 15 U.S C. 11 73. We 

estimate that it will takefive minutes to compiete this fom. Ifyou haw comments regarding the accuracy ofthis 

eslimate, or sugptions.fur making tit i,rJorm simpler, please contact trs at the address given above.