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Is this Illegal?

Topic closed. 19 replies. Last post 11 years ago by konane.

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United States
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October 16, 2005
188 Posts
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Posted: December 5, 2005, 8:48 pm - IP Logged

I live in Michigan and I have a friend who lives in Indiana.  He told me for Christmas , he wants to buy me some Power ball tickets. 

If he buys them and then sends it to me by mail.. is that illegal?

    DoctorEw220's avatar - alien helmet.jpg
    Yinzer Country, PA
    United States
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    March 18, 2004
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    Posted: December 5, 2005, 8:51 pm - IP Logged

    If he mails them to you before the drawing, then yes, it is illegal. If he mails you a ticket after the drawing has occurred, then it is perfectly legal.

    I've redone my website.  Go to www.dr-ew.com.  I kept a lot of the old stuff, and I've added some new stuff.  Look for more new stuff in the coming weeks.

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      Poway CA (San Diego County)
      United States
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      January 25, 2004
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      Posted: December 5, 2005, 9:00 pm - IP Logged

      It is illegal and it doesn't matter whether it is before or after the drawing!

      Here is 18 USC 1302 concerning mailing material concerning a lottery:

      Whoever knowingly deposits in the mail, or sends or delivers by mail:
      Any letter, package, postal card, or circular concerning any lottery, gift enterprise, or similar scheme offering prizes dependent in whole or in part upon lot or chance;
      Any lottery ticket or part thereof, or paper, certificate, or instrument purporting to be or to represent a ticket, chance, share, or interest in or dependent upon the event of a lottery, gift enterprise, or similar scheme offering prizes dependent in whole or in part upon lot or chance;
      Any check, draft, bill, money, postal note, or money order, for the purchase of any ticket or part thereof, or of any share or chance in any such lottery, gift enterprise, or scheme;
      Any newspaper, circular, pamphlet, or publication of any kind containing any advertisement of any lottery, gift enterprise, or scheme of any kind offering prizes dependent in whole or in part upon lot or chance, or containing any list of the prizes drawn or awarded by means of any such lottery, gift enterprise, or scheme, whether said list contains any part or all of such prizes;
      Any article described in section 1953 of this title—
      Shall be fined under this title or imprisoned not more than two years, or both; and for any subsequent offense shall be imprisoned not more than five years.
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        Sparta, NJ
        United States
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        July 9, 2005
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        Posted: December 5, 2005, 9:36 pm - IP Logged

        Why mail them - just have the person email the numbers.  If it is a small win, you would be sending them back for turn-in.  If it is a big winner, take a vacation and go to the tickets.  Either way, tickets in Michigan aren't worth the problem.  Winning tickets in Indiana are worth the drive.

        Cheers

        |||::> *'`*:-.,_,.-:*''*:--->>> Chewie  <<<---.*''*:-.,_,.-:*''* <:::|||

        I only trust myself - and that's a questionable choice

          tntea's avatar - Lottery-059.jpg

          United States
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          June 30, 2004
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          Posted: December 5, 2005, 9:53 pm - IP Logged

          It is illegal and it doesn't matter whether it is before or after the drawing!

          Here is 18 USC 1302 concerning mailing material concerning a lottery:

          Whoever knowingly deposits in the mail, or sends or delivers by mail:
          Any letter, package, postal card, or circular concerning any lottery, gift enterprise, or similar scheme offering prizes dependent in whole or in part upon lot or chance;
          Any lottery ticket or part thereof, or paper, certificate, or instrument purporting to be or to represent a ticket, chance, share, or interest in or dependent upon the event of a lottery, gift enterprise, or similar scheme offering prizes dependent in whole or in part upon lot or chance;
          Any check, draft, bill, money, postal note, or money order, for the purchase of any ticket or part thereof, or of any share or chance in any such lottery, gift enterprise, or scheme;
          Any newspaper, circular, pamphlet, or publication of any kind containing any advertisement of any lottery, gift enterprise, or scheme of any kind offering prizes dependent in whole or in part upon lot or chance, or containing any list of the prizes drawn or awarded by means of any such lottery, gift enterprise, or scheme, whether said list contains any part or all of such prizes;
          Any article described in section 1953 of this title—
          Shall be fined under this title or imprisoned not more than two years, or both; and for any subsequent offense shall be imprisoned not more than five years.

          People do it all the time..

          The bring in their self-address envelopes when buying the tickets..

               OLD/Vtrac   Lottery Bible         Double Warnings      Thumbs Up TN F34/F44

            konane's avatar - wallace
            Atlanta, GA
            United States
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            March 13, 2003
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            Posted: December 5, 2005, 9:55 pm - IP Logged

            It is illegal and it doesn't matter whether it is before or after the drawing!

            Here is 18 USC 1302 concerning mailing material concerning a lottery:

            Whoever knowingly deposits in the mail, or sends or delivers by mail:
            Any letter, package, postal card, or circular concerning any lottery, gift enterprise, or similar scheme offering prizes dependent in whole or in part upon lot or chance;
            Any lottery ticket or part thereof, or paper, certificate, or instrument purporting to be or to represent a ticket, chance, share, or interest in or dependent upon the event of a lottery, gift enterprise, or similar scheme offering prizes dependent in whole or in part upon lot or chance;
            Any check, draft, bill, money, postal note, or money order, for the purchase of any ticket or part thereof, or of any share or chance in any such lottery, gift enterprise, or scheme;
            Any newspaper, circular, pamphlet, or publication of any kind containing any advertisement of any lottery, gift enterprise, or scheme of any kind offering prizes dependent in whole or in part upon lot or chance, or containing any list of the prizes drawn or awarded by means of any such lottery, gift enterprise, or scheme, whether said list contains any part or all of such prizes;
            Any article described in section 1953 of this title—
            Shall be fined under this title or imprisoned not more than two years, or both; and for any subsequent offense shall be imprisoned not more than five years.

            I Agree!    That has always been my understanding of the law.  I believe it is legal to send tickets via UPS or other carrier but of course it is risky.

            Also agree with Chewie that he should hold the tickets in a safe place until the drawing is over and value determined. 

            When playing with someone out of state I always make a pic of the ticket I purchase to play with or for them so they have "proof" it exists.  A webcam shot is sufficient. Wink

             

             

            Good luck to everyone!

              RJOh's avatar - chipmunk
              mid-Ohio
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              Posted: December 5, 2005, 11:27 pm - IP Logged

              Another good reason for the buyer to hold on to the lottery tickets is one of them might win the big prize and he might want to reevaluate the friendship before inviting his friend to come and collect the winnings.

               * you don't need to buy more tickets, just buy a winning ticket * 
                 
                           Evil Looking       

                justxploring's avatar - villiarna
                Wandering Aimlessly
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                Posted: December 6, 2005, 12:53 am - IP Logged

                Yes, it is illegal but the law is mainly to prevent unauthorized retailers from selling lottery tickets and to stop fraud. I doubt if someone mailing a ticket to a friend would end up in prison. One of the key factors is whether or not money is being exchanged. People send lottery tickets as gifts all the time. If you win, who would know..or care?  So somebody visited a friend and bought a lottery ticket during his stay. One problem that could arise is if a ticket wins and the friend who purchased it wants the money. Then the winner might have to prove he was in the state and purchased the ticket legally. Of course, if this happens, the buyer admits he sent them in the first place. This is one reason I don't ever buy tickets for people or ask them to buy them for me. We don't have PB or MM but there are enough games in FL to keep me poor!

                People do things that aren't really legit all the time. Many states have laws stating which sexual positions married couples can engage in and in several anything except the "missionary" position is against the law. So, are you going to call the cops on your neighbors?  Read the bottles and cans in your home that say it's unlawful to use the product for any other purpose. Readi-Whip would go out of business.

                Here's a list of some really stupid state laws. My favorite is in AL it's illegal to "flick boogers into the wind."

                http://www.dumb.com/laws.htm

                 


                  Australia
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                  June 11, 2005
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                  Posted: December 6, 2005, 2:13 am - IP Logged

                  If he buys tickets from the Massachusetts Lottery, they will send them direct to you. They use a shipping service, not the post office, so no law is broken. He can call the Massachusetts Lottery toll free and place an order, for himself, or as a gift. I nearly sure it's to only lottery to sell to people out of state. That's what I can FREE TRADE!


                    United States
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                    Posted: December 6, 2005, 2:33 am - IP Logged

                    ^^  RATS. Mass. Lottery only has Mega Millions :(

                      justxploring's avatar - villiarna
                      Wandering Aimlessly
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                      Posted: December 6, 2005, 2:36 am - IP Logged

                      If he buys tickets from the Massachusetts Lottery, they will send them direct to you. They use a shipping service, not the post office, so no law is broken. He can call the Massachusetts Lottery toll free and place an order, for himself, or as a gift. I nearly sure it's to only lottery to sell to people out of state. That's what I can FREE TRADE!

                      Disagree. Unless they've changed the rules in the past few weeks, you cannot purchase ANY lottery tickets from the Massachusetts lottery by mail unless you can show proof of residence. When MM was over $300M I called the Lottery Headquarters in Braintree and was told that only legal residents of the Commonwealth of Massachusetts can purchase subscriptions by mail. I'll check again, but this was fairly recent.

                      Okay - Here it is, right from the Mass Lottery site - now I'm confused. The lady on the phone was very clear that I couldn't buy them. Maybe she was just talking about the Mega Millions tickets, since that was the purpose of my call.

                      10. QUESTION: Can non-residents play the game? If so, how do they collect?
                      10. ANSWER:
                      Yes, anyone 18 and over can purchase Lottery product at any agent location. All players can collect their prizes at the same locations listed in question four. Additionally, Season Tickets can be purchased directly from any sales agent while in the state or from out of state, by calling l-800-222-TKTS. The ticket can be registered in the owner's name by completing and returning the registration form to the Lottery. Season Tickets are available for Megabucks, Mass Cash, Mega Millions and Cash Winfall. NOTE: Mega Millions Season Tickets are NOT available from out of state through the 800 number listed above.


                       

                       

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                        Poway CA (San Diego County)
                        United States
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                        Posted: December 6, 2005, 2:38 am - IP Logged

                        If he buys tickets from the Massachusetts Lottery, they will send them direct to you. They use a shipping service, not the post office, so no law is broken. He can call the Massachusetts Lottery toll free and place an order, for himself, or as a gift. I nearly sure it's to only lottery to sell to people out of state. That's what I can FREE TRADE!

                        Disagree. Unless they've changed the rules in the past few weeks, you cannot purchase ANY lottery tickets from the Massachusetts lottery by mail unless you can show proof of residence. When MM was over $300M I called the Lottery Headquarters in Braintree and was told that only legal residents of the Commonwealth of Massachusetts can purchase subscriptions by mail. I'll check again, but this was fairly recent.

                         

                        That's correct, just..., you must show proof that you are a resident of the state.

                         

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                          Poway CA (San Diego County)
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                          Posted: December 6, 2005, 2:41 am - IP Logged

                          It is illegal and it doesn't matter whether it is before or after the drawing!

                          Here is 18 USC 1302 concerning mailing material concerning a lottery:

                          Whoever knowingly deposits in the mail, or sends or delivers by mail:
                          Any letter, package, postal card, or circular concerning any lottery, gift enterprise, or similar scheme offering prizes dependent in whole or in part upon lot or chance;
                          Any lottery ticket or part thereof, or paper, certificate, or instrument purporting to be or to represent a ticket, chance, share, or interest in or dependent upon the event of a lottery, gift enterprise, or similar scheme offering prizes dependent in whole or in part upon lot or chance;
                          Any check, draft, bill, money, postal note, or money order, for the purchase of any ticket or part thereof, or of any share or chance in any such lottery, gift enterprise, or scheme;
                          Any newspaper, circular, pamphlet, or publication of any kind containing any advertisement of any lottery, gift enterprise, or scheme of any kind offering prizes dependent in whole or in part upon lot or chance, or containing any list of the prizes drawn or awarded by means of any such lottery, gift enterprise, or scheme, whether said list contains any part or all of such prizes;
                          Any article described in section 1953 of this title—
                          Shall be fined under this title or imprisoned not more than two years, or both; and for any subsequent offense shall be imprisoned not more than five years.

                          People do it all the time..

                          The bring in their self-address envelopes when buying the tickets..

                          There's the old saying..."Everyone does it!".  Everyone (except me) goes 70 mph on the freeway here in California, too, but it is still breaking the law (except where the limit is 70, of course). 

                            justxploring's avatar - villiarna
                            Wandering Aimlessly
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                            Posted: December 6, 2005, 2:49 am - IP Logged

                            CalifDude - Sorry, I was editing my post when you were responding. I wanted to post the rule I copied from the Mass Lottery site. I think you're right however. The woman at the lottery commission said that I can buy tickets from Florida but I need to have a Mass address. I was only interested in the multi-state games and no state will sell them to a someone in a state that doesn't participate in the games.  - Nancy

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                              Poway CA (San Diego County)
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                              Posted: December 6, 2005, 2:57 am - IP Logged

                              CalifDude - Sorry, I was editing my post when you were responding. I wanted to post the rule I copied from the Mass Lottery site. I think you're right however. The woman at the lottery commission said that I can buy tickets from Florida but I need to have a Mass address. I was only interested in the multi-state games and no state will sell them to a someone in a state that doesn't participate in the games.  - Nancy

                              Yes, I do believe you are right again, Nancy.  We have had numerous threads on this subject here on LP before.  In fact this is the SECOND one that is currently active!