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15 U.S.C. § 1175 — Specific jurisdictions within which manu-

Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 1175 — Specific jurisdictions within which manu-

Page 1340 TITLE 15—COMMERCE AND TRADE § 1174 istered 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 re- move, 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 know- ingly to make or cause to be made, any false entry in any record required to be kept under this section. (f) Authority of Federal Bureau of Investigation Agents of the Federal Bureau of Investigation shall, at any place designated pursuant to sub- section (a)(4)(C) of this section by any person re- quired to register by subsection (a) of this sec- tion, 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 juris- diction to issue an order compelling production of such records for inspection or copying. (Jan. 2, 1951, ch. 1194, § 3, 64 Stat. 1135; Pub. L. 87–840, § 5, Oct. 18, 1962, 76 Stat. 1075.) Editorial Notes REFERENCES IN TEXT The effective date of the Gambling Devices Act of 1962, referred to in subsec. (a)(2), (3), is the effective date of Pub. L. 87–840, which is the sixtieth day after Oct. 18, 1962. See Effective Date of 1962 Amendment note set out under section 1171 of this title. AMENDMENTS 1962—Pub. L. 87–840 amended section generally. Prior to amendment, sectio

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Page 1340 TITLE 15—COMMERCE AND TRADE § 1174 istered 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 re- move, 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 know- ingly to make or cause to be made, any false entry in any record required to be kept under this section. (f) Authority of Federal Bureau of Investigation Agents of the Federal Bureau of Investigation shall, at any place designated pursuant to sub- section (a)(4)(C) of this section by any person re- quired to register by subsection (a) of this sec- tion, 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 juris- diction to issue an order compelling production of such records for inspection or copying. (Jan. 2, 1951, ch. 1194, § 3, 64 Stat. 1135; Pub. L. 87–840, § 5, Oct. 18, 1962, 76 Stat. 1075.) Editorial Notes REFERENCES IN TEXT The effective date of the Gambling Devices Act of 1962, referred to in subsec. (a)(2), (3), is the effective date of Pub. L. 87–840, which is the sixtieth day after Oct. 18, 1962. See Effective Date of 1962 Amendment note set out under section 1171 of this title. AMENDMENTS 1962—Pub. L. 87–840 amended section generally. Prior to amendment, section read as follows: ‘‘Upon first en- gaging in business, and thereafter on or before the 1st day of July of each year, every manufacturer of and dealer in gambling devices shall register with the At- torney General his name or trade name, the address of his principal place of business, and the addresses of his places of business in such district. On or before the last day of each month every manufacturer of and dealer in gambling devices shall file with the Attorney General an inventory and record of all sales and deliveries of gambling devices as of the close of the preceding cal- endar month for the place or places of business in the district. The monthly record of sales and deliveries of such gambling devices shall show the mark and number identifying each article together with the name and ad- dress of the buyer or consignee thereof and the name and address of the carrier. Duplicate bills or invoices, if complete in the foregoing respects, may be used in filing the record of sales and deliveries. For the pur- poses of this chapter, every manufacturer or dealer shall mark and number each gambling device, so that it is individually identifiable. In cases of sale, delivery, or shipment of gambling devices in unassembled form, the manufacturer or dealer shall separately mark and number the components of each gambling device with a common mark and number as if it were an assembled gambling device. It shall be unlawful for any manufac- turer or dealer to sell, deliver, or ship any gambling de- vice which is not marked and numbered for identifica- tion as herein provided; and it shall be unlawful for any manufacturer or dealer to manufacture, recondition, repair, sell, deliver, or ship any gambling device with- out having registered as required by this section, or without filing monthly the required inventories and records of sales and deliveries.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1962 AMENDMENT Amendment effective on sixtieth day after Oct. 18, 1962, see section 7 of Pub. L. 87–840, set out as a note under section 1171 of this title. § 1174. Labeling and marking of shipping pack- ages All gambling devices, and all packages con- taining any such, when shipped or transported shall be plainly and clearly labeled or marked so that the name and address of the shipper and of the consignee, and the nature of the article or the contents of the package may be readily ascertained on an inspection of the outside of the article or package. (Jan. 2, 1951, ch. 1194, § 4, 64 Stat. 1135.) § 1175. Specific jurisdictions within which manu- facturing, repairing, selling, possessing, etc., prohibited; exceptions (a) General rule It shall be unlawful to manufacture, recondi- tion, repair, sell, transport, possess, or use any gambling device in the District of Columbia, in any possession of the United States, within In- dian country as defined in section 1151 of title 18 or within the special maritime and territorial jurisdiction of the United States as defined in section 7 of title 18, including on a vessel docu- mented under chapter 121 of title 46 or docu- mented under the laws of a foreign country. (b) Exception (1) In general Except for a voyage or a segment of a voy- age that begins and ends in the State of Ha- waii, or as provided in paragraph (2), this sec- tion does not prohibit— (A) the repair, transport, possession, or use of a gambling device on a vessel that is not within the boundaries of any State or pos- session of the United States; (B) the transport or possession, on a voy- age, of a gambling device on a vessel that is within the boundaries of any State or pos- session of the United States, if— (i) use of the gambling device on a por- tion of that voyage is, by reason of sub- paragraph (A), not a violation of this sec- tion; and (ii) the gambling device remains on board that vessel while the vessel is within the boundaries of that State or possession; or (C) the repair, transport, possession, or use of a gambling device on a vessel on a voyage that begins in the State of Indiana and that does not leave the territorial jurisdiction of that State, including such a voyage on Lake Michigan. (2) Application to certain voyages (A) General rule Paragraph (1)(A) does not apply to the re- pair or use of a gambling device on a vessel Page 1341 TITLE 15—COMMERCE AND TRADE § 1177 that is on a voyage or segment of a voyage described in subparagraph (B) of this para- graph if the State or possession of the United States in which the voyage or seg- ment begins and ends has enacted a statute the terms of which prohibit that repair or use on that voyage or segment. (B) Voyage and segment described A voyage or segment of a voyage referred to in subparagraph (A) is a voyage or seg- ment, respectively— (i) that begins and ends in the same State or possession of the United States, and (ii) during which the vessel does not make an intervening stop within the boundaries of another State or possession of the United States or a foreign country. (C) Exclusion of certain voyages and seg- ments Except for a voyage or segment of a voy- age that occurs within the boundaries of the State of Hawaii, a voyage or segment of a voyage is not described in subparagraph (B) if it includes or consists of a segment— (i) that begins and ends in the same State; (ii) that is part of a voyage to another State or to a foreign country; and (iii) in which the vessel reaches the other State or foreign country within 3 days after leaving the State in which it be- gins. (c) Exception for Alaska (1) With respect to a vessel operating in Alas- ka, this section does not prohibit, nor may the State of Alaska make it a violation of law for there to occur, the repair, transport, possession, or use of any gambling device on board a vessel which provides sleeping accommodations for all of its passengers and that is on a voyage or seg- ment of a voyage described in paragraph (2), ex- cept that such State may, within its bound- aries— (A) prohibit the use of a gambling device on a vessel while it is docked or anchored or while it is operating within 3 nautical miles of a port at which it is scheduled to call; and (B) require the gambling devices to remain on board the vessel. (2) A voyage referred to in paragraph (1) is a voyage that— (A) includes a stop in Canada or in a State other than the State of Alaska; (B) includes stops in at least 2 different ports situated in the State of Alaska; and (C) is of at least 60 hours duration. (Jan. 2, 1951, ch. 1194, § 5, 64 Stat. 1135; Pub. L. 102–251, title II, § 202(b), Mar. 9, 1992, 106 Stat. 61; Pub. L. 104–264, title XII, § 1222, Oct. 9, 1996, 110 Stat. 3286; Pub. L. 104–324, title XI, § 1106, Oct. 19, 1996, 110 Stat. 3967; Pub. L. 106–554, § 1(a)(4) [div. B, title I, § 147], Dec. 21, 2000, 114 Stat. 2763, 2763A–251.) Editorial Notes AMENDMENTS 2000—Subsec. (b)(1). Pub. L. 106–554 inserted ‘‘for a voyage or a segment of a voyage that begins and ends in the State of Hawaii, or’’ after ‘‘Except’’ in introduc- tory provisions. 1996—Subsec. (b)(1)(C). Pub. L. 104–324, § 1106(b), added subpar. (C). Subsec. (b)(2)(C). Pub. L. 104–264, § 1222, and Pub. L. 104–324, § 1106(a), made substantially identical amend- ments, adding subpar. (C). The text of subpar. (C) is based on amendment by Pub. L. 104–324. Subsec. (c). Pub. L. 104–324, § 1106(c), added subsec. (c). 1992—Subsec. (a). Pub. L. 102–251, § 202(b)(1), (2), des- ignated existing provisions as subsec. (a), inserted heading, and inserted before period at end ‘‘, including on a vessel documented under chapter 121 of title 46 or documented under the laws of a foreign country’’. Subsec. (b). Pub. L. 102–251, § 202(b)(3), added subsec. (b). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Except as otherwise specifically provided, amend- ment by Pub. L. 104–264 applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year end- ing before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as a note under section 106 of Title 49, Transpor- tation. § 1176. Penalties Whoever violates any of the provisions of sec- tions 1172, 1173, 1174, or 1175 of this title shall be fined not more than $5,000 or imprisoned not more than two years, or both. (Jan. 2, 1951, ch. 1194, § 6, 64 Stat. 1135.) § 1177. Confiscation of gambling devices and means of transportation; laws governing Any gambling device transported, delivered, shipped, manufactured, reconditioned, repaired, sold, disposed of, received, possessed, or used in violation of the provisions of this chapter shall be seized and forfeited to the United States. All provisions of law relating to the seizure, sum- mary and judicial forfeiture, and condemnation of vessels, vehicles, merchandise, and baggage for violation of the customs laws; the disposi- tion of such vessels, vehicles, merchandise, and baggage or the proceeds from the sale thereof; the remission or mitigation of such forfeitures; and the compromise of claims and the award of compensation to informers in respect of such forfeitures shall apply to seizures and forfeitures incurred, or alleged to have been incurred, under the provisions of this chapter, insofar as appli- cable and not inconsistent with the provisions hereof: Provided, That such duties as are im- posed upon the collector of customs or any other person with respect to the seizure and forfeiture of vessels, vehicles, merchandise, and baggage under the customs laws shall be performed with respect to seizures and forfeitures of gambling devices under this chapter by such officers, agents, or other persons as may be authorized or designated for that purpose by the Attorney General. (Jan. 2, 1951, ch. 1194, § 7, 64 Stat. 1135.) Executive Documents TRANSFER OF FUNCTIONS Offices of collector of customs, comptroller of cus- toms, surveyor of customs, and appraiser of merchan-

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 1175 — Specific jurisdictions within which manufacturing, repairing, selling, possessing, etc., prohibited; exceptions

**(a) General rule** It shall be unlawful to manufacture, recondition, repair, sell, transport, possess, or use any gambling device in the District of Columbia, in any possession of the United States, within Indian country as defined in [section 1151 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1151&num=0&edition=prelim) or within the special maritime and territorial jurisdiction of the United States as defined in [section 7 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section7&num=0&edition=prelim), including on a vessel documented under chapter 121 of title 46 or documented under the laws of a foreign country. **(b) Exception** (1) **In general** — Except for a voyage or a segment of a voyage that begins and ends in the State of Hawaii, or as provided in paragraph (2), this section does not prohibit— (A) the repair, transport, possession, or use of a gambling device on a vessel that is not within the boundaries of any State or possession of the United States; (B) the transport or possession, on a voyage, of a gambling device on a vessel that is within the boundaries of any State or possession of the United States, if— (i) use of the gambling device on a portion of that voyage is, by reason of subparagraph (A), not a violation of this section; and (ii) the gambling device remains on board that vessel while the vessel is within the boundaries of that State or possession; or (C) the repair, transport, possession, or use of a gambling device on a vessel on a voyage that begins in the State of Indiana and that does not leave the territorial jurisdiction of that State, including such a voyage on Lake Michigan. (2) **Application to certain voyages** (A) *General rule* —

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