North Carolina § 14-298 - Seizure of illegal gaming items.

§ 14-298. Seizure of illegal gaming items.

Upon a determination that probable cause exists to believe that any gaming table prohibited to be used by G.S. 14-289 through G.S. 14-300 , any illegal punchboard or illegal slot machine, any video game machine prohibited to be used by G.S. 14-306 or G.S. 14-306 .1A, any game terminal described in G.S. 14-306.3(b) , or any electronic machine or device using an entertaining display in violation of G.S. 14-306.4 is in the illegal possession or use of any person within the limits of their jurisdiction, all sheriffs and law enforcement officers are authorized to seize the items in accordance with applicable State law. Any law enforcement agency in possession of that item shall retain the item pending a disposition order from a district or superior court judge. Upon application by the law enforcement agency, district attorney, or owner, and after notice and opportunity to be heard by all parties, if the court determines that the item is unlawful to possess, it shall enter an order releasing the item to the law enforcement agency for destruction or for training purposes. If the court determines that the item is not unlawful to possess and will not be used in violation of the law, the item shall be ordered released to its owner upon satisfactory proof of ownership. The foregoing procedures for release shall not apply, however, with respect to an item seized for use as evidence in any criminal action or proceeding until after entry of final judgment. History (1791, c. 336, P.R.; 1798, c. 502, s. 2, P.R.; R.C., c. 34, s. 74; Code, s. 1049; Rev., s. 3720; C.S., s. 4435; 1931, c. 14, s. 4; 1973, c. 108, s. 11; 2000-151, s. 5; 2004-199, ss. 47(a), 47(b); 2004-203, s. 20(a); 2007-484, s. 3(a); 2008-122, s. 2; 2010-103, s. 2.) Editor's Note. - Session Laws 2010-103, provides in its preamble: "Whereas, the 1791 General Assembly determined that 'all public gaming-tables are destructive of the morality of the inhabitants of this State, and tend greatly to the encouragement of vice and dissipation' (Law of 1791, Chapter 5 ); and "Whereas, the State of North Carolina has continuously prohibited public gaming in North Carolina since 1791; and "Whereas, the State of North Carolina specifically prohibited the use of slot machines in 1937; and "Whereas, the State of North Carolina specifically prohibited the use of video poker machines in 2000 and again in 2006; and "Whereas, the State of North Carolina has previously determined that such purpose should be carried out to prevent the operation of bingo by professionals for profit, prevent commercialized gambling, prevent the disguise of bingo and other game forms or promotional schemes, and prevent participation by criminal and other undesirable elements; and "Whereas, any federally recognized Indian tribe may conduct such video poker games in accordance with an approved Class III Tribal-State Gaming Compact applicable to that tribe as provided in G.S. 147-12(14) and G.S. 71A-8 ; and "Whereas, the State of North Carolina has previously determined that no video poker machine may be utilized for play under Chapter 18C of the General Statutes; and "Whereas, since 2006, companies have developed electronic machines and devices to gamble through pretextual sweepstakes relationships with Internet service, telephone cards, and office supplies, among other products; and "Whereas, companies using electronic machines and devices for sweepstakes have sought, and received, declaratory relief from the courts; and "Whereas, such electronic sweepstakes systems utilizing video poker machines and other similar simulated game play create the same encouragement of vice and dissipation as other forms of gambling, in particular video poker, by encouraging repeated play, even when allegedly used as a marketing technique; and "'Whereas, it hath appeared to this General Assembly that the before recited acts hath not that good effect which was intended' (Laws of 1799, Chapter 12 ); Now, therefore," Session Laws 2010-103, s. 5, provides: "Nothing in this act shall be construed to make lawful any machine or device that is unlawful under any other provision of law. Prosecutions for offenses committed before the effective date of this act [December 1, 2010] are not abated or affected by this act, and the statutes that would be applicable but for this act remain applicable to those prosecutions." Effect of Amendments. - Session Laws 2010-103, s. 2, effective December 1, 2010, and applicable to offenses committed on or after that date, in the first sentence, inserted "or any electronic machine or device using an entertaining display in violation of G.S. 14-306.4 " and made related changes. Legal Periodicals. - For article, "End of the Chase: Using North Carolina as a Guide for Ending Other States' Video Sweepstakes Legislative Merry-Go-Round in the Wake of Hest Technologies v. North Carolina," see 36 N.C. Cent. L. Rev. 41 (2013).