An Act to amend the Act of January 2, 1951, prohibiting the transportation of gambling devices in interstate and foreign commerce
PL 87-840 (S.1658), enacted 10/18/1962

76 STAT.] 
PUBLIC LAW 87-840-OCT. 18, 1962 
1075 
Public Law 87-840 
AN ACT 
October 18, 1962 
To amend the Act of January 2, 1951, prohibiting the transportation of gambling 
[s. 1658] 
devices in interstate and foreign commerce.. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of A merioa in Congress assembled, That this Act may 
Gambling oe-
be cited as the "Gambling Devices Act of 1962." 
^*"^ ^"^ °^ i^". 
SEC. 2. (a) Subparagraph (2) of paragraph (a) of the first section 
of the Act of January 2, 1951 (64 Stat. 1134; 15 U.S.C. 1171), is 
amended to read as follows: 
^ 
. 
"(2) any other machine or mechanical device (including, but 
not limited to, roulette wheels and similar devices) designed and 
manufactured primarily for use in connection with gambling, and 
(A) which when operated may deliver, as the result of the appli-
cation of an element of chance, any money or property, or (B) by 
the operation of which a person may become entitled to receive, as 
the result of the application of an element of chance, any money 
or property; or". 
(b) Subparagraph (3) of paragraph (a) of the first section of such 
I 
Act is amended by inserting immediately before the period at the end 
! 
thereof the following: ", but which is not attached to any such machine 
t 
or mechanical device as a constituent part". 
I 
SEC. 3. The first section of such Act is further amended by striking 
out "Alaska, Hawaii" in paragraph (b) thereof and inserting in lieu 
thereof "the District of Columbia", and adding at the end of such 
section the following new paragraphs: 
"(d) The term 'interstate or foreign commerce' means commerce 
(1) between any State or possession of the United States and any place 
outside of such State or possession, or (2) between points in the same 
State or possession of the LTnited States but through any place outside 
thereof. 
"(e) The term 'intrastate commerce' means commerce wholly 
within one State or possession of the United States." 
SEC. 4. The first paragraph of section 2 of the Act of January 2,1951, 
is use 1172. 
is amended by inserting immediately before the period at the end 
thereof a comma and the following: "nor shall this section apply to 
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any gambling device used or designed for use at and transported to 
licensed gambling establishments where betting is legal under applica-
ble State laws: Provided further, 
That it shall not be unlawful to 
transport in interstate or foreign commerce any gambling device into 
^ 
any State in which the transported gambling device is specifically 
enumerated as lawful in a statute of that State". 
SEC. 5. Section 3 of the Act of ilanuary 2, 1951, is amended to read 
is use 1173. 
as follows: 
"SEC. 3. (a) (1) It shall be unlawful for any person engaged in the 
Mamifaetwers 
business of manufacturing gambling devices, if the activities of such ^"^ dealers-
, 
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. 
rt> 
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'• 
Registration, 
business in any way affect interstate or foreign commerce, to manu-
facture any gambling device during any calendar year, unless, after 
November 30 of the preceding calendar year, and before the date on 
which such device is manufactured, such person has registered with 
the Attorney General under this subsection, regardless of whether 
such device ever enters interstate or foreign commerce. 
"(2) It shall be unlawful for any person during any calendar year 
to engage in the business of repairing, reconditioning, buying, selling, 
leasing, using, or making available for use by others any gambling 
device, if in such business he sells, ships, or delivers any such device 
know^ing that it will be introduced into interstate or foreign commerce 
1076 
PUBLIC LAW 87-840-OCT. 18, 1962 
[76 STAT. 
Registration 
data. 
Numbering of 
devices. 
Records. 
after the effective date of the Gambling Devices Act of 1962, unless, 
after November 30 of the preceding calendar year, and before the 
date such sale, shipment, or delivery occurs, such person has registered 
with the Attorney General under this subsection. 
"(3) It shall be unlawful for any person during any calendar year 
to engage in the business of repairing, recbnditioning, buying, selling, 
leasing, using, or making available for use by others any gambling 
device, if in such business he buys or receives any such device knowing 
that it has been transported in interstate or foreign commerce after 
the effective date of the Gambling Devices Act of 1962, unless, after 
November 30 of the preceding calendar year and before the date on 
which he buys or receives such device, such person has registered with 
the Attorney General under this subsection, 
"(4) Each person who registers with the Attorney General pursuant 
to this subsection shall set forth in such registration (A) his name 
and each trade name under which he does business, (B) the address 
of each of his places of business in any State or possession of the 
United States, (C) the address of a place, in a State or possession of 
the United States in which such a place of business is located, where 
he will keep all records required to be kept by him by subsection (c) 
of this section, and (D) each activity described in paragraph (1), 
(2), or (3) of this subsection which he intends to engage in during 
the calendar year with respect to which such registration is made. 
"(b) (1) Every manufacturer of a gambling device defined in para-
graph (a)(1) or (a)(2) of the first section of this Act shall number 
seriatim each such gambling device manufactured by him and perma-
nently affix on each such device, so as to be clearly visible, such 
number, his name, and, if different, any trade name under which he 
does business, and the date of manufacture of such device. 
"(2) Every manufacturer of a gambling device defined in para-
graph (a) (3) of the first section of this Act shall, if the size of such 
device permits it, number seriatim each such gambling device manu-
factured by him and permanently affix on each such device, so as to be 
clearly visible, such number, his name, and, if different, any trade name 
under which he does business, and the date of manufacture of such 
device. 
"(c) (1) Every person required to register under subsection (a) of 
this section for any calendar year shall, on and after the date of 
such registration or the first day of such year (whichever last occurs), 
maintain a record by calendar month tor all periods thereafter in 
such year of— 
"(A) each gambling device manufactured, purchased, or other-
wise acquired oy him, 
"(B) each gambling device owned or possessed by him or in 
his custody, and 
"(C) each gambling device sold, delivered, or shipped by him 
in intrastate, interstate, or foreign commerce. 
"(2) Such record shall show— 
"(A) in the case of each such gambling device defined in para-
graph (a)(1) or (a)(2) of the first section of this Act, the 
information which is required to be affixed on such gambling 
device by subsection (b) (1) of this section; and 
"(B) in the case of each such gambling device defined in para-
graph (a) (3) of the first section of this Act. the information 
required to be affixed on such gambling device by subsection (b) 
(2) of this section, or, if such gambling device does not have 
affixed on it any such information, its catalog listing, description, 
and, in the case of each such device owned or possessed by him or 
in his custody, its location. 
76 STAT.] 
PUBUC LAW 87-840-OCT. 18, 1962 
1077 
Such record shall also show (i) in the case of'any such gambling 
device described in paragraph (1) (A) of this subsection, the name and 
address of the person from whom such device was purchased or 
acquired and the name and address of the carrier; and (ii) in the 
case of any such gambling device described in paragraph (1) (C) of 
this subsection, the name and address of the buyer and consignee 
thereof and the name and address of the carrier. 
"(d) Each record required to be maintained under this section 
shall be kept by the person required to make it at the place designated 
by him pursuant to subsection (a) (4) (C) of this section for a period 
of at least five years from the last day of the calendar month of the 
year with respect to which such record is required to be maintained. 
"(e) (1) It shall be unlawful (A) for any person during any period 
in which he is required to be registered under subsection (a) of this 
section to sell, deliver, or ship in intrastate, interstate, or foreign 
commerce or own, possess, or have in his custody any gambling device 
which is not marked and numbered as required by subsection (b) of 
this section; or (B) for any person to remove, obliterate, or alter any 
mark or number on any gambling device required to be placed thereon 
by such subsection (b). 
"(2) It shall be unlawful for any person knowingly to make or 
cause to be made, any false entry in any record required to be kept 
under this section. 
"(f) Agents of the Federal Bureau of Investigation shall, at any 
place designated pursuant to subsection (a)(4)(C) of this section by 
any person required to register by subsection (a) of this section, at 
all reasonable times, have access to and the right to copy any of the 
records required to be kept by this section, and, in case of refusal by 
any person registered under such subsection (a) to allow inspection 
and copying of such records, the United States district court for the 
district in which such place is located shall have jurisdiction to issue 
an order compelling production of such records for inspection or 
copying." 
SEC. 6. The Act of January 2, 1951, is amended by adding at the 
end thereof the following new^ section: 
"SEC. 9. None of the provisions of this Act shall be construed to 
apply— 
" (1) to any machine or mechanical device designed and manu-
factured primarily for use at a racetrack in connection with pari-
mutuel betting, 
"(2) to any machine or mechanical device, such as a coin-
operated bowling alley, shuffleboard, marble machine (a so-called 
pinball machine), or mechanical gun, which is not designed and 
manufactured primarily for use in connection with gambling, 
and (A) which when operated does not deliver, as a result of the 
application of an element of chance, any money or property, or 
(B) by the operation of which a person may not become entitled 
to receive, as the result of the application of an element of chance, 
any money or property, or 
" (3) to any so-called claw, crane, or digger machine an^ similar 
devices which are not operated by coin, are actuated by a crank, 
and are designed and manufactured primarily for use at carnivals 
or county or State fairs." 
SEC. 7. The amendments made by this Act shall take effect on the 
sixtieth day after the date of its enactment. 
Approved October 18, 1962. 
Retention of 
records. 
FBI, authority. 
64 Stat. 1134. 
15 u s e 1171. 
Nonapplica-
biUty. 
Effective date.