15 U.S.C. § 1172 — Transportation of gambling devices as un-

Page 1338 TITLE 15—COMMERCE AND TRADE § 1172 1 So in original. Probably should be ‘‘subsection’’. (c) The term ‘‘possession of the United States’’ means any possession of the United States which is not named in paragraph 1 (b) of this sec- tion. (d) The term ‘‘interstate or foreign commerce’’ means commerce (1) between any State or pos- session of the United States and any place out- side 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 mean- ing given that term in section 1301 of title 43. (Jan. 2, 1951, ch. 1194, § 1, 64 Stat. 1134; Pub. L. 87–840, §§ 2, 3, Oct. 18, 1962, 76 Stat. 1075; Pub. L. 102–251, title II, § 202(c), Mar. 9, 1992, 106 Stat. 62.) Editorial Notes 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 in- serting a coin, token, or similar object, in par. (2), and inserted ‘‘, but which is not attached to any such ma- chine or mechanical device as a constituent part’’, in par. (3). Subsec. (b). Pub. L. 87–840, § 3, substituted ‘‘the Dis- trict of Columbia’’ for ‘‘Alaska, Hawaii’’. Subsecs. (d), (e). Pub. L. 87–840, § 3, added subsecs. (d) and (e). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1962 AMENDMENT Pub. L. 87–840, § 7, Oct. 18, 1962, 76 Stat. 1077, 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 Pub. L. 87–840, § 1, Oct. 18, 1962, 76 Stat. 1075, 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 and a note set out under this section, is popularly known as the ‘‘Gambling Devices Transportation Act’’. SEPARABILITY Act Jan. 2, 1951, ch. 1194, § 8, 64 Stat. 1136, 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 pro- visions or applications of the Act [this chapter] which can be given effect without the invalid provision or ap- plication, and to this end the provisions of this Act [this chapter] are declared to be severable.’’ § 1172. Transportation of gambling devices as un- lawful; exceptions; authority of Federal Trade Commission (a) General rule It shall be unlawful knowingly to transport any gambling device to any place in a State or a possession of the United States from any place outside of such State or possession: Provided, That this section shall not apply to transpor- tation of any gambling device to a place in any State which has enacted a law providing for the exemption of such State from the provisions of this section, or to a place in any subdivision of a State if the State in which such subdivision is located has enacted a law providing for the ex- emption of such subdivision from the provisions of this section, nor shall this section apply to any gambling device used or designed for use at and transported to licensed gambling establish- ments where betting is legal under applicable State laws: Provided, further, That it shall not be unlawful to transport in interstate or foreign commerce any gambling device into any State in which the transported gambling device is spe- cifically enumerated as lawful in a statute of that State. (b) Authority of Federal Trade Commission Nothing in this chapter shall be construed to interfere with or reduce the authority, or the ex- isting interpretation of the authority, of the Federal Trade Commission under the Federal Trade Commission Act [15 U.S.C. 41 et. seq.]. (c) Exception This section does not prohibit the transport of a gambling device to a place in a State or a pos- session of the United States on a vessel on a voyage, if— (1) use of the gambling device on a portion of that voyage is, by reason of subsection (b) of section 1175 of this title, not a violation of that section; and (2) the gambling device remains on board that vessel while in that State. (Jan. 2, 1951, ch. 1194, § 2, 64 Stat. 1134; Pub. L. 87–840, § 4, Oct. 18, 1962, 76 Stat. 1075; Pub. L. 102–251, title II, § 202(a), Mar. 9, 1992, 106 Stat. 61.) Editorial Notes REFERENCES IN TEXT The Federal Trade Commission Act, referred to in subsec. (b), is act Sept. 26, 1914, ch. 311, 38 Stat. 717, which is classified generally to subchapter I (§ 41 et seq.) of chapter 2 of this title. For complete classifica- tion of this Act to the Code, see section 58 of this title and Tables. AMENDMENTS 1992—Pub. L. 102–251, § 202(a)(1), (3), (4), designated ex- isting provisions as subsecs. (a) and (b), inserted head- ings, and added subsec. (c). Pub. L. 102–251, § 202(a)(2), which directed that ‘‘, District of Columbia,’’ be struck out in subsec. (a), was executed by striking out ‘‘, the District of Colum- bia,’’ after ‘‘place in a State’’ and ‘‘outside of such State’’ to reflect the probable intent of Congress. 1962—Pub. L. 87–840 excepted gambling devices used or designed for use at and transported to licensed gam- bling establishments where betting is legal under State laws, and provided that it shall not be unlawful to Page 1339 TITLE 15—COMMERCE AND TRADE § 1173 transport such devices into any State in which the de- vice is specifically enumerated as lawful in a State statute. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1962 AMENDMENT Amendment effective on sixtieth day after Oct. 18, 1962, see section 7 of Pub. L. 87–840, set out as a note under section 1171 of this title. § 1173. Registration of manufacturers and deal- ers (a) Activities requiring registration; contents of registration statement (1) It shall be unlawful for any person engaged in the business of manufacturing gambling de- vices, if the activities of such business in any way affect interstate or foreign commerce, to manufacture any gambling device during any calendar year, unless, after November 30 of the preceding calendar year, and before the date on which such device is manufactured, such person has registered with the Attorney General under this subsection, regardless of whether such de- vice ever enters interstate or foreign commerce. (2) It shall be unlawful for any person during any calendar year to engage in the business of repairing, reconditioning, buying, selling, leas- ing, using, or making available for use by others any gambling device, if in such business he sells, ships, or delivers any such device knowing that it will be introduced into interstate or foreign commerce after the effective date of the Gam- bling Devices Act of 1962, unless, after November 30 of the preceding calendar year, and before the date such sale, shipment, or delivery occurs, such person has registered with the Attorney General under this subsection. (3) It shall be unlawful for any person during any calendar year to engage in the business of repairing, reconditioning, buying, selling, leas- ing, using, or making available for use by others any gambling device, if in such business he buys or receives any such device knowing that it has been transported in interstate or foreign com- merce after the effective date of the Gambling Devices Act of 1962, unless, after November 30, of the preceding calendar year and before the date on which he buys or receives such device, such person has registered with the Attorney General under this subsection. (4) Each person who registers with the Attor- ney General pursuant to this subsection shall set forth in such registration (A) his name and each trade name under which he does business, (B) the address of each of his places of business in any State or possession of the United States, (C) the address of a place, in a State or posses- sion of the United States in which such a place of business is located, where he will keep all rec- ords required to be kept by him by subsection (c) of this section, and (D) each activity de- scribed in paragraph (1), (2), or (3) of this sub- section which he intends to engage in during the calendar year with respect to which such reg- istration is made. (b) Numbering of devices (1) Every manufacturer of a gambling device defined in paragraph (a)(1) or (a)(2) of section 1171 of this title shall number seriatim each such gambling device manufactured by him and permanently affix on each such device, so as to be clearly visible, such number, his name, and, if different, any trade name under which he does business, and the date of manufacture of such device. (2) Every manufacturer of a gambling device defined in paragraph (a)(3) of section 1171 of this title shall, if the size of such device permits it, number seriatim each such gambling device manufactured by him and permanently affix on each such device, so as to be clearly visible, such number, his name, and, if different, any trade name under which he does business, and the date of manufacture of such device. (c) Records; required information (1) Every person required to register under subsection (a) of this section for any calendar year shall, on and after the date of such reg- istration or the first day of such year (whichever last occurs), maintain a record by calendar month for all periods thereafter in such year of— (A) each gambling device manufactured, pur- chased, or otherwise acquired by him, (B) each gambling device owned or possessed by him or in his custody, and (C) each gambling device sold, delivered, or shipped by him in intrastate, interstate, or foreign commerce. (2) Such record shall show— (A) in the case of each such gambling device defined in paragraph (a)(1) or (a)(2) of section 1171 of this title, the information which is re- quired to be affixed on such gambling device by subsection (b)(1) of this section; and (B) in the case of each such gambling device defined in paragraph (a)(3) of section 1171 of this title, the information required to be af- fixed on such gambling device by subsection (b)(2) of this section, or, if such gambling de- vice does not have affixed on it any such infor- mation, its catalog listing, description, and, in the case of each such device owned or pos- sessed by him or in his custody, its location. Such record shall also show (i) in the case of any such gambling device described in paragraph (1)(A) of this subsection, the name and address of the person from whom such device was pur- chased or acquired and the name and address of the carrier; and (ii) in the case of any such gam- bling device described in paragraph (1)(C) of this subsection, the name and address of the buyer and consignee thereof and the name and address of the carrier. (d) Retention of records Each record required to be maintained under this section shall be kept by the person required to make it at the place designated by him pursu- ant to subsection (a)(4)(C) of this section for a period of at least five years from the last day of the calendar month of the year with respect to which such record is required to be maintained. (e) Dealing in, owning, possessing, or having cus- tody of devices not marked or numbered; false entries in records (1) It shall be unlawful (A) for any person dur- ing any period in which he is required to be reg-