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Skill Game Enforcement News 2026: Pennsylvania's Deadline Passes, Virginia Looks to 2027

By GamesOfSkillMag Editorial7 min read
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The biggest skill game enforcement news of 2026 outside Texas came on Oct. 14, when the Pennsylvania State Police began enforcing against skill games. The Pennsylvania Supreme Court had refused a last-minute request to extend its stay. In Virginia, the statewide ban still stands after Gov. Abigail Spanberger vetoed a legalization bill in April, and the next real decision point there is the 2027 legislative session.

Pennsylvania: from ruling to enforcement

On June 15, 2026, the Pennsylvania Supreme Court held that skill games are slot machines subject to state gaming law. The ruling reversed Commonwealth Court decisions, and the court stayed its order for 120 days, Spotlight PA reported. A Tucker Arensberg client alert identifies the cases as POM of Pennsylvania, LLC v. Department of Revenue and In re Three Pennsylvania Skill Amusement Devices (docket J-96-2025). According to Spotlight PA, the justices called a skill game a slot machine "several times over" and wrote that "whether it involves some minor element of skill is irrelevant."

Shortly before the stay ran out, the court denied an extension, the Times Observer reported on Oct. 10. The request came from lawmakers Gene Yaw, Anthony H. Williams, Danilo Burgos and Jonathan Fritz, the Skill Games Business Consortium, and 20 social clubs, veterans' posts, fraternal lodges and volunteer fire organizations. Opposing the request, Chief Deputy Attorney General Susan Affronti wrote: "Petitioners do not explain why they waited to ask for an extension of this court's stay." The paper estimated that about 70,000 unregulated machines were operating statewide.

The State Police skill games resource page set Oct. 13, 2026 as the removal deadline and Oct. 14 as the start of enforcement. It lists the possible consequences as seizure of machines and proceeds, criminal charges, and administrative action against liquor licenses. Tips go to tips@pa.gov or 1-888-292-1919. NBC10 Philadelphia quoted the agency: "A slot machine does not cease being a slot machine if it has simply been turned off, unplugged, or temporarily disabled."

Six distributors agreed to make their machines inoperable by Oct. 14, keep removing them, and give State Police inventory lists and weekly removal updates, exploreJefferson reported. The Times Leader reported that agreements with other distributors were pending. Neither outlet named the companies.

The legislature has not resolved the issue. Spotlight PA reported tax proposals ranging from 16% to 52% of gross revenue. It also cited an Independent Fiscal Office estimate that regulating and taxing skill games could raise more than $1 billion a year. NBC10 reported that Gov. Josh Shapiro had proposed the 52% rate and that lawmakers reached no compromise before the deadline.

Virginia: the ban stands after the veto

Gov. Spanberger vetoed Senate Bill 661, which would have legalized electronic skill gaming devices, on April 10, 2026 (Office of the Governor; also reported by WDBJ7). In her release, she said: "The absence of a centralized regulatory authority for gaming creates gaps in oversight that threaten the Commonwealth of Virginia's ability to provide consistent enforcement, prevent illicit activity, and protect all consumers." She added that legalization "would also reward operators who knowingly disregarded state law for years." The statement also cites Virginia ABC data from 2020-2021, when skill games were legal. According to that data, the devices were disproportionately located in communities with higher poverty rates, lower educational attainment, and higher percentages of Black and Hispanic residents.

VPM reported that supporters did not have the two-thirds majority needed to override the veto. VPM put the number of illegal machines in use statewide at about 90,000 and cited projected skill game tax revenue of more than $350 million a year.

According to VACo, SB 661 would have done the following:

  • Put the Virginia Lottery in charge of oversight.

  • Capped machines at 25,000 statewide.

  • Set per-site limits of 7 at truck stops, 4 at ABC on-premises licensees, 3 at ABC off-premises licensees and 2 at social organizations.

  • Taxed gross profits at 25%.

  • Let localities opt out by referendum.

Because of the veto, none of these provisions took effect.

The 2027 session

The governor's objection centers on the lack of a single regulator, so the gaming commission bill matters. On March 9, 2026, VPM reported that a Senate Finance and Appropriations subcommittee had continued HB271 to the 2027 session, and the full committee accepted that decision 11-3. The bill, from Del. Paul Krizek (D-Fairfax), would create an independent gaming commission. A competing bill, SB609, would have put the Virginia Lottery in charge of all gaming regulation. "I think it's time that we bite the bullet and put it all into one," Krizek said. Sen. Louise Lucas (D-Portsmouth) countered: "We already have a structure in place that we can work with, so why stand up another?"

Enforcement background

The Supreme Court of Virginia reinstated the ban on Oct. 13, 2023. The Attorney General's office then recommended that Commonwealth's Attorneys hold off on enforcement until Nov. 15, 2023 (BetVirginia). Virginia Beach set its own deadline of Nov. 26, 2023, with civil penalties of up to $25,000 per device (GamblingNews). In December 2023, WCYB reported that machines in Bristol were being shut down after a Virginia State Police crackdown. In November 2024, The Richmonder reported that Queen of Virginia Skill and Entertainment LLC and Belle Holdings Inc. had sued the Attorney General and the Henrico Commonwealth's Attorney. The companies alleged "ongoing harassment" and argued that machines which do not take cash directly are legal. Those are the plaintiffs' allegations, not findings by the court.

North Carolina context

On Dec. 31, 2024, in No Limit Games v. Sheriff of Robeson Co., the North Carolina Court of Appeals ruled 2-1 for Robeson County law enforcement and upheld bans on unlicensed electronic gaming machines (CDC Gaming Reports). That decision applies in North Carolina only.

What operators should watch

The points below are editorial observations, not legal requirements. In Pennsylvania, the deadlines came from a court order and State Police guidance. The agency's position is that a machine that is unplugged or disabled still counts as a slot machine, and it lists liquor license action among the possible consequences. Operators who rely on distributors to remove machines may want to document what their contracts and any compliance agreements require. Our vendor comparison checklist provides a place to record those questions and the supporting evidence. A ruling in one state does not determine legality in another.

Sources

AI assistance was used in preparing this article. Consult primary sources and qualified counsel for legal decisions.

Reporting is for information, not legal advice. A vendor listing or the term skill game does not establish a machine's legality in any jurisdiction.

Frequently asked questions

When did Pennsylvania start enforcing against skill games?

The Pennsylvania State Police set Oct. 13, 2026 as the removal deadline and began enforcing on Oct. 14, 2026. The state Supreme Court had denied a request to extend its 120-day stay.

Does unplugging a skill game make it legal in Pennsylvania?

No, according to the Pennsylvania State Police. NBC10 quoted the agency as saying a slot machine does not stop being a slot machine if it is turned off, unplugged or temporarily disabled.

Are skill games legal in Virginia after the 2026 session?

No. Gov. Abigail Spanberger vetoed SB 661 on April 10, 2026, and VPM reported that supporters lacked the two-thirds majority needed to override, so the ban the Supreme Court of Virginia reinstated in 2023 remains in force.

What happens with Virginia skill games in 2027?

A Senate committee continued HB271, Del. Paul Krizek's bill to create an independent gaming commission, to the 2027 session. The governor has cited the lack of a centralized gaming regulator as her main reason for opposing legalization.