The Supreme Court established that four-month period of \u201csafe harbor\u201d by staying its own order for 120 days, giving the General Assembly an opportunity to act while citing the impact the ruling could have on \u201cgood-faith participants\u201d in the skill games industry. While law enforcement cannot take \u201cadverse action\u201d against operators during the stay, a relevant section of the Crimes Code prohibits a number of actions involving the operation of slot machines and other gambling devices.<\/p>\n
\u201cIn the Supreme Court\u2019s majority opinion, they clearly call on the Legislature to \u2026 do something, so we\u2019re waiting for that,\u201d Lackawanna County District Attorney Brian Gallagher said in a phone interview. \u201cIf that doesn\u2019t happen then (skill games machines) are deemed gambling devices and they can be investigated and prosecuted to the fullest extent of the law just like any other gambling devices would. We\u2019re certainly waiting to see what will happen, I\u2019m not sure what the Legislature will do, but under this case law we would have the authority and ability to investigate, prosecute and arrest.\u201d<\/p>\n
![\"Lackawanna](\"https:\/\/www.newsbeep.com\/us-pa\/wp-content\/uploads\/2026\/06\/STT-L-KRATOM-0407-04.jpg\")
Lackawanna County District Attorney Brian Gallagher speaks during a press conference in the foyer of the Lackawanna County Courthouse in Scranton Monday, April 6, 2026. (SEAN MCKEAG \/ STAFF PHOTOGRAPHER)<\/p>\n
What that enforcement might look like will be a subject of conversation among law enforcement officials here as lawmakers in Harrisburg debate how to regulate and appropriately tax the devices.<\/p>\n
\u201cWe have a chiefs of police meeting that all the heads of all the departments in Lackawanna County, including the state police, go to, and that\u2019s something we would collectively talk about and decide,\u201d Gallagher said. \u201cI don\u2019t know what it looks like right now.\u201d<\/p>\n
He noted that veterans organizations, fraternal clubs and similar entities that benefit from skill games revenue often do good work in the community.<\/p>\n
\u201cMy fear is the selective enforcement,\u201d he said. \u201cYou have to be understanding and \u2026 I don\u2019t know what that looks like. I can tell you I\u2019m concerned about it. I hope the Legislature takes some action and we\u2019ll figure it out from there. It\u2019s a fluid situation, right? We\u2019ll be ready when it comes down, but that\u2019s something we have to talk with all law enforcement locally on.\u201d<\/p>\n
Also reached by phone, Luzerne County District Attorney Sam Sanguedolce said the Supreme Court ruling \u201cfinally puts to bed something that should have been obvious to everyone: that these are slot machines and the rudimentary skill required does not absolve them from regulation.\u201d<\/p>\n
![\"Luzerne](\"https:\/\/www.newsbeep.com\/us-pa\/wp-content\/uploads\/2026\/06\/CVC-L-USAG-0530-04.jpg\")
Luzerne County District Attorney Sam Sanguedolce speaks during a press conference held by the U.S. Attorney\u2019s Office in front of Wilkes-Barre police headquarters Friday, May 29, 2026. (SEAN MCKEAG \/ STAFF PHOTOGRAPHER)<\/p>\n
\u201cSo now if you have these machines after the 120-day period everybody recognizes they\u2019re illegal,\u201d he said. \u201cWhat the Legislature hopefully will do is figure out a way for them to be regulated and taxed fairly, because a lot of the mom-and-pop establishments survive based on these machines, and now that we have a casino right up the road it\u2019s hard to say gambling is so immoral it can\u2019t be allowed.\u201d<\/p>\n
Sanguedolce had not discussed potential future enforcement with other agencies as of Thursday, but said those conversations will occur.<\/p>\n
\u201cIt\u2019s very manpower-dependent of course, so \u2026 this is not high on the list of the crimes that we\u2019re trying to fight when every police department is short manpower, including the state police,\u201d he said. \u201cSo we would come up with a plan to advise other agencies how we\u2019re going to work together, what we\u2019re going to target. But once again, I just don\u2019t have a real motivation to try to target VFWs, American Legions \u2014 you know, small operations \u2014 when we have a casino right up the road.\u201d<\/p>\n
Sanguedolce also addressed potential selective-enforcement concerns.<\/p>\n
\u201cNot to say nobody would make that claim, but I don\u2019t see that as an issue,\u201d he said. \u201cWhen LCE (Liquor Control Enforcement) raids a bar they don\u2019t raid every single bar. \u2026 If you\u2019re operating a mini-casino and we decide we\u2019re going to target mini-casinos, I guess you could argue that so-and-so now also has a machine (and) we should raid them too, but that\u2019s just not how the law works.\u201d<\/p>\n
The enforcement question could become moot if the state House and Senate reach agreement on a regulatory framework and resolve the skill games issue legislatively before the four-month window closes. That would likely require some bipartisan compromise on an appropriate tax rate.<\/p>\n
Democratic Gov. Josh Shapiro\u2019s budget proposal calls for a 52% tax on gross skill game terminal revenues, higher than prior Republican proposals.<\/p>\n