GCD simply did what the law required
Pub Date: 4/1/2007
Montana's strict enforcement of gambling laws has enjoyed widespread public support...until now.
Back in January agents of the Gambling Control Division confiscated illegal gambling devices on the premises of a Whitefish antiques dealer.
A number of years ago they did the same thing in Butte.
The law makes no distinction between illegal gambling devices in a bar, a private home or an antiques store. The law simply says devices not specifically allowed cannot be possessed by anyone for any purpose. Nor can they be imported or exported across state lines under federal law known as the Johnson Act. It was reported the illegal devices in Whitefish were in fact imported from California.
Usually law officers who enforce the law are commended for doing their jobs and doing them well. But that was not the case in Whitefish where numerous indignant citizens and, later, newspaper editorialists, decried the insensitivity and lack of discretion exercised by the Gambling Control agents.
We don t know the precise deportment of the agents, but since when are police officers supposed to not follow the law? Since when are they to exercise personal judgment in making exceptions to the letter of the law?
Further, Montana statute says gambling laws are to always be construed strictly. That's what the Gambling Control Division was doing'; they were following their mandate.
We cannot expect gambling enforcement agents to decide on their own when a law regarding possession of illegal gambling devices should be applied and when it should not.
We know of businesses licensed for alcohol and gambling that also operate video rental stores, barber shops, grocery stores, gem shops, computer repair business and more out of the same premises.
We wouldn't be surprised to learn that some tavern somewhere in the state also operates an antiques business on the side. Should they possess roulette wheels and craps tables and punchboards and chuck-a-luck dice boxes?
Should bona fide antiques dealers be allowed to posses illegal gambling devices?
Perhaps, and that is what a new law passed by both the House and Senate will allow, if the Governor signs it, which he likely will.
Fair enough. If we are to make exceptions as to who may possess illegal gambling devices, then we better have that spelled out explicitly in law, much as we did a few years ago by enacting a law to allow antique slot machines to be displayed under very restricted conditions.
And despite the new Montana law, antiques dealers had better be aware there is still the Federal Johnson Act to consider which is certainly not superseded by state statute.
In the meanwhile, citizens and editorialists should be less quick to pull the condemnation trigger when a law enforcement agency does exactly what they are required to do.
Source: The Montana Tavern Times, April, 2007, published monthly by Continental Communications, 125 W. Granite St., Suite 102, Butte, MT 59701.