(1) Except as provided in subsection (1.5) of this section, a person who owns, manufactures, sells, transports, possesses, or engages in any transaction designed to affect the ownership, custody, or use of a gambling device or gambling record, knowing that it is to be used in professional gambling, commits possession of a gambling device or record.
(1.5) The sale, transportation, manufacture, and remanufacture of gambling
devices, including the acquisition of essential parts therefor and the assembly of
such parts, is permitted if such devices are sold, transported, manufactured, and
remanufactured only for transportation in interstate or foreign commerce when
such transportation is not prohibited by any applicable foreign, state, or federal law.
Storage of gambling devices is also permitted but only for purposes of
manufacturing, remanufacturing, and transporting such devices in interstate or
foreign commerce when their transportation is not prohibited. Such activities may
be conducted only by persons who have registered with the United States
government pursuant to the provisions of chapter 24 of Title XV of the United
States Code, as amended. Such gambling devices shall not be openly displayed,
except to legal buyers, or sold for use in Colorado regardless of where purchased,
nor manufactured, remanufactured, or stored for purposes of manufacture,
remanufacture, and transportation in violation of any applicable state or federal
law. For purposes of this subsection (1.5), legal buyer means a buyer who resides
in another state or country which does not restrict the possession of the specific
gambling device in question.
(2) Possession of a gambling device or record or violation of subsection (1.5)
of this section is a class 2 misdemeanor.
L. 71: R&RE, p. 478, § 1. C.R.S. 1963: § 40-10-105. L. 88: Entire section amended, p. 739, § 2, effective April 29. L. 89: (2) amended, p. 841, § 94, effective July 1. L. 2023: (2) amended, (HB 23-1293), ch. 298, p. 1791, § 43, effective October 1.
