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Nebraska is a relatively restrictive state regarding gambling, but efforts in recent years have resulted in some progress. Today, many forms of gambling are legal in the state, including sports betting, which was legalized in 2021. Read on to learn more about Nebraska's gambling laws.

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Nebraska gambling laws are laid out in Nebraska Revised Statutes, Sections 28-1101, 9-201 and 2-1201. Gambling in Nebraska is classed as illegal unless specifically stated otherwise. In reality, a few gambling activities are permitted in the state, although most online gambling activity is prohibited. The Nebraska Gaming Commission and the Nebraska Racing and Gaming Commission regulate gambling. Let's take a closer look at how Nebraska's gambling regulations affect each activity.

Casino Games

Casino gambling is legal in Nebraska, but only limited games are permitted. There are five tribal casinos and one commercial casino operating in the state. One tribal casino is on state lines with Iowa. Some limited casino-style gaming is also allowed within licensed racetracks, with recent laws passed in 2020 paving the way for new casino facilities to open. The WarHorse Casino in Lincoln opened in 2022.

Online casino gambling is generally classed as illegal in Nebraska, based on the definition of gambling in the state. However, there is no specific mention of online gambling in existing legislation, with authorities reluctant to pursue prosecution of residents for playing online casino slots and other games at foreign online casinos.

Poker

Poker gambling is illegal in Nebraska. None of the existing licensed casino venues are permitted to host poker games, and there are no standalone poker halls or clubs in the state. The only form of poker allowed within the borders of Nebraska is at charitable events or home-based games where no profit is involved.

Online poker is classed as illegal in Nebraska. None of the state's existing laws address online gambling specifically, but the current legislation is enough to cover online betting activities, with no exceptions made for online poker games.

Bingo

Bingo gambling is legal in Nebraska, with games run by charitable organizations and the numerous bingo halls that operate across the state. Online bingo gambling is illegal in Nebraska. Plenty of bingo casinos online accept members from Nebraska; although this is technically classed as illegal gambling, players are not prosecuted for such activities.

Lotteries

Lottery gambling is legal in Nebraska, with the Nebraska Lottery authorized to offer tickets for various draw-based games, including Powerball and Mega Millions, plus scratch cards and pull tab games.

Online lottery gambling is illegal in Nebraska. The Nebraska Lottery is not permitted to sell tickets or games online, with their website only serving informational purposes. Those wishing to play online lottery games for real money can do so via the numerous available lottery sites that accept Nebraska residents as members. While the state does not legally permit such activities, they are reluctant to prosecute individual gamblers.

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Various forms of social gambling are legally permitted in Nebraska, including social casinos that only use play chips and home-based poker, where no fees or rakes are taken. Modern forms of gambling, such as loot boxes and skins gambling, are unregulated in Nebraska, with the national debate on the legalities of such activities still ongoing.

The Nebraska Financial Innovation Act, passed in May 2021, authorized banks to hold cryptocurrencies and allows residents to buy and sell virtual coins via such banks. However, none of the existing gambling venues in the state currently accept cryptocurrencies as payment. Still, residents of Nebraska will find it very easy to join crypto gambling sites and play various casino-style games using Bitcoin and altcoins. Technically, this would be classed as illegal, but there are no records of individual prosecutions.

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Sports betting is legal in Nebraska and has been since a bill was signed in May 2021, allowing the activity at certain locations. Currently, sports betting is only available at the WarHorse Casino in Lincoln. Online sports betting is illegal in Nebraska.

Horse racing betting is legal and available at one of the six racetracks in the state. Many of these locations have plans to expand their offering to include sports betting shortly. Online horse racing betting is illegal in Nebraska.

Daily fantasy sports betting isn't specifically mentioned in Nebraska's gambling laws. Top providers such as FanDuel and DraftKings operate in a grey area, accepting state residents as members. No cases have been brought to date to challenge their operation, although many claim such activities are illegal in the state.

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Nebraska's legal gambling age is 18 for horse racing betting and charitable games such as bingo and raffles, 19 for the state lottery, and 21 for casino gambling and sports betting.

Tax Regulation

Nebraska gambling tax regulation requires casino operators to pay a 20% tax on gross revenue. Residents of Nebraska are charged a 5% tax on gambling winnings obtained within the state. A federal withholding tax of 24% applies to gambling winnings.

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All forms of gambling were illegal in Nebraska until 1934 when parimutuel horse racing betting was permitted at approved venues. In 1958, bingo games run for charitable purposes were legalized. Various other games, such as raffles and lotteries operated for charitable purposes, were also legalized in 1967.

Keno was legalized in 1985. Simulcasting of horse racing was legalized in 1988, the same year the Indian Gaming Regulatory Act was passed, allowing tribes to apply locally to build tribal casinos on their land. Nebraska's first tribal casino opened in the early 1990s.

Lottery betting was legalized in 1992, with the Nebraska Lottery launching in 1993. Non-tribal casinos were legally permitted to operate from 2020. Sports betting (offline only) was legalized at specific locations in 2021. The first non-tribal casino was opened in 2022.

Key Facts

Nebraska's gambling laws are a little outdated, but efforts are being made to align the state better with its neighbours, most of which are quite permissive in their gambling laws. Here's a reminder of the key points regarding gambling in Nebraska:

• Casino gambling is legal at the five tribal casinos and one commercial casino.
• Online casino gambling is illegal.
• Poker gambling is illegal in both offline and online forms.
• Bingo gambling is legal, with games run by charitable organizations.
• Online bingo gambling is illegal.
• Lottery gambling is legal via the Nebraska Lottery.
• Online lottery gambling is illegal.
• Sports betting was recently legalized in 2021, but only at specified offline locations.
• Online sports betting is illegal.
• Daily fantasy sports betting is unregulated, with some operators accepting members from the state.