Legality of Poker Tournaments to Be Tested in Pennsylvania

Is poker a game of skill or a game of chance? That question is about to be played out in the courts of Westmoreland County, Pennsylvania. This unlikely location could set a precedent due to the actions of a local attorney who claims that poker is a game of skill, and therefore not considered gambling under the State Constitution. The preliminary punches in this battle have landed, and so far it seems to be an evenly matched debate.

The saga began earlier in the year with the arrest of Larry Burns, a local attorney from Westmoreland County. The reason for the arrest, which included simultaneous raids on Burns' home and a local poker game, was because Burns was organizing a number of poker tournaments for profit.

The allegations have never been disputed. In fact, Burns openly admits to organizing the events, which he maintains are perfectly legal under the Pennsylvania State Constitution. Burns' defense is simple - the law does not define poker as a game of chance, and therefore it is not gambling. Organizing a tournament centered around a game of skill, even if done for profit, is perfectly legal in Pennsylvania.

While the Burns case is not yet "officially" under way, the opening debates have now began, with both sides scoring some important victories for their case. Although both sides score victories in the preliminary rulings by Richard McCormick, Jr., many argue that the 63-year-old Burns came out ahead of the prosecution in this early round.

The major victory for the prosecution, headed up by District Attorney John Peck, came in the form of the courts holding more than $11,000 in cash that was seized at the poker game, along with tournament records and other documents. Burns had petitioned the court to have these items returned, but for the time being they will remain in the evidence locker.