1. (a) It shall be unlawful for any person to possess a gambling device.
2. (b) Violation of this section is a class B nonperson misdemeanor.

3. (c) It shall be a defense to a prosecution under this section that:

   1. (1) The gambling device is an antique slot machine and that the antique slot machine was not operated for gambling purposes while in the owner's or the defendant's possession. A slot machine shall be deemed an antique slot machine if it was manufactured prior to the year 1950; or

   2. (2) the gambling device is possessed or under custody or control of a manufacturer registered under the federal gambling devices act of 1962 (15 U.S.C. § 1171 et seq.) or a transporter under contract with such manufacturer with intent to distribute for use:

      1. (A) By the Kansas lottery or Kansas lottery retailers as authorized by law and rules and regulations adopted by the Kansas lottery commission;
      2. (B) by a licensee of the Kansas racing commission as authorized by law and rules and regulations adopted by the commission;
      3. (C) in a state other than the state of Kansas; or
      4. (D) in tribal gaming.

L. 2010, ch. 136, § 219; July 1, 2011.