§ 22-270. Possession of a gambling device; defense.

(a)

It shall be unlawful for any person to possess a gambling device.

(b)

It shall be a defense to a prosecution under this section that the gambling device is an antique slot machine and that the antique slot machine was not operated for gambling purposes while in the owner's or the defendant's possession. A slot machine shall be deemed an antique slot machine if it was manufactured prior to the year 1950.

(c)

It shall be a defense to a prosecution under this section that the gambling device is possessed or under custody or control of a manufacturer registered under the Federal Gambling Devices Act of 1962 (15 USC 1171 et seq.), or a transporter under contract with such manufacturer with intent to transfer for use:

(1)

By the state lottery or state lottery retailers as authorized law and rules and regulations adopted by the state lottery commission;

(2)

By a licensee of the state racing commission as authorized by law and rules and regulations adopted by the commission;

(3)

In a state other than this state; or

(4)

In tribal gaming.

(d)

Possession of a gambling device is a class B violation.

(Code 1988, § 22-195; Ord. No. 65255, § 5, 1-7-1988; Ord. No. 65298, § 1, 4-7-1988; Ord. No. 65498, § 64, 1-4-1990; Ord. No. 65883, § 24, 3-10-1994; Ord. No. O-48-15 , § 2, 8-13-2015)

State law reference

Similar provisions, K.S.A. § 21-4307.