15 U.S.C. § 1171
Section 1171 · Definitions
This is the Sherman Antitrust Act
Amended 3 times on record
Applied in 88 court decisions — leading case United States v. Five Gambling Devices (1953)
Most recently applied in Stand Up for Cal. v. U.S. Dep't of the Interior (July 2018)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
As used in this chapter—
(a) The term “gambling device” means—
(1) any so-called “slot machine” or any other machine or mechanical device an essential part of which is a drum or reel with insignia thereon, and (A) which when operated may deliver, as the result of the application 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
(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 application 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
(3) any subassembly or essential part intended to be used in connection with any such machine or mechanical device, but which is not attached to any such machine or mechanical device as a constituent part.
(b) The term “State” includes the District of Columbia, Puerto Rico, the Virgin Islands, and Guam.
(c) The term “possession of the United States” means any possession of the United States which is not named in subsection (b) of this section.
(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 United States but through any place outside thereof.
(e) The term “intrastate commerce” means commerce wholly within one State or possession of the United States.
(f) The term “boundaries” has the same meaning given that term in section 1301 of title 43.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Amendments
1992—Subsec. (f). Pub. L. 102–251 added subsec. (f).
1962—Subsec. (a)(2), (3). Pub. L. 87–840, §2, substituted provisions including machines and mechanical devices designed and manufactured primarily for gambling by the operation of which a person may become entitled to receive, as the result of chance, any money or property, for provisions which included machines or mechanical devices designed and manufactured to operate by inserting a coin, token, or similar object, in par. (2), and inserted “, but which is not attached to any such machine or mechanical device as a constituent part”, in par. (3).
Subsec. (b). Pub. L. 87–840, §3, substituted “the District of Columbia” for “Alaska, Hawaii”.
Subsecs. (d) and (e). Pub. L. 87–840, §3, added subsecs. (d) and (e).
Effective Date of 1962 Amendment
Section 7 of Pub. L. 87–840 provided that: “The amendments made by this Act [enacting section 1178 of this title and amending this section and sections 1172 and 1173 of this title] shall take effect on the sixtieth day after the date of its enactment [Oct. 18, 1962].”
Short Title of 1962 Amendment
Section 1 of Pub. L. 87–840 provided: “That this Act [enacting section 1178 of this title and amending this section and sections 1172 and 1173 of this title] may be cited as the ‘Gambling Devices Act of 1962’.”
Short Title
Act Jan. 2, 1951, which enacted this chapter, is popularly known as the “Gambling Devices Transportation Act”.
Separability
Section 8 of act Jan. 2, 1951, provided that: “If any provision of this Act [this chapter] or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Act [this chapter] which can be given effect without the invalid provision or application, and to this end the provisions of this Act [this chapter] are declared to be severable.”
Cross References
Numbering of gambling devices, see section 1173 of this title.