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Class II vs Class III gaming

Class II is bingo, including electronic aids, and certain non-banked card games, tribe-regulated. Class III is all other gaming and needs a Tribal-State compact. Slot machines are not Class II.

Answer first

90s
IGRA classWhat the Act coversWho regulates
Class ISocial prizes or traditional gamesTribal government
Class IIBingo with aids; non-banked cardsTribe, with NIGC ordinance
Class IIIAll gaming that is not I or IITribal-State compact
Slot machinesLeft out of Class II by statuteNot a Class II category
Lookalike cabinetsA nickname, not a classTribe and NIGC classify

Progress

Three classes in the Act

  1. 1

    Class I

    Social prizes or traditional games

  2. 2

    Class II

    Bingo, aids, non-banked cards

  3. 3

    Class III

    Everything else; compact required

Class III is the residual class: if a game is not Class I and not Class II, it is Class III. 25 U.S.C. §2703(8).

Floor rules

What the definitions actually say

Know before you sit

Class I
Social games solely for prizes of minimal value, or traditional Indian gaming tied to tribal ceremonies or celebrations. §2710(a)(1) places Class I in the exclusive jurisdiction of the tribes.
Bingo, with aids
Class II bingo uses cards with numbers or other designations, a draw or electronic determination, and a win by the first completed pattern. Electronic, computer, or other technologic aids may be used with that game. §2703(7)(A).
Same-room paper games
If played in the same location as bingo, pull-tabs, lotto, punch boards, tip jars, instant bingo, and other games similar to bingo are included in Class II.
Non-banked card games
Card games played against other players, not against the house or a player acting as a bank. They must conform to state rules on hours, wagers, or pot size where those rules exist. Banking games such as blackjack are outside Class II.
Left out of Class II
§2703(7)(B) excludes banking card games and “electronic or electromechanical facsimiles of any game of chance or slot machines of any kind.” The NIGC history page states the same exclusion.
Class III
All forms of gaming that are not Class I or Class II. The NIGC names slots, blackjack, craps, and roulette, and electronic facsimiles of games of chance, as Class III examples.
Narrow card grandfather
§2703(7)(C) keeps certain card games a tribe actually operated on or before May 1, 1988, in Michigan, North Dakota, South Dakota, or Washington, inside Class II — only to the nature and scope of those games. It is not a slot rule.

At the door

Four stamps, then stop guessing

Gate pass

21+

  1. Ceremony and tiny prizes

    Social games for minimal prizes, or traditional games tied to tribal ceremonies. The tribal government regulates this class.

  2. Bingo and non-house cards

    Bingo, including electronic aids, plus certain non-banked card games. The tribe regulates, with a Chairman-approved ordinance. §2710(b).

  3. Every remaining game

    House card games, slots, and other gaming that is not Class I or Class II. The NIGC calls this class extremely broad.

  4. Agreement must be in effect

    §2710(d)(1)(C): Class III is lawful only if conducted in conformance with a Tribal-State compact that is in effect.

The stamps are the statute’s classes. A floor nickname does not move a machine from one class to another.

Sequence

How to read a game against the Act

  1. Step 01

    Ask whether it is Class I

    Minimal-prize social play, or traditional gaming connected to a ceremony, stays with the tribe and outside the rest of this chapter’s machinery.

  2. Step 02

    Test the bingo definition

    Cards, a draw or electronic determination, and a win on the first completed pattern. Aids can attach to that game. A slot machine is a different object in the statute.

  3. Step 03

    Keep only non-banked cards in Class II

    Players play each other. State limits on hours, wagers, or pot size still apply where they exist. Blackjack and other banking card games are Class III.

  4. Step 04

    Send everything else to Class III

    §2703(8). Lawful Class III also needs a Chairman-approved ordinance, a state that permits that gaming, and a Tribal-State compact in effect. §2710(d)(1).

Watch outs

Mistakes that scramble the classes

  1. 01Treating lookalikes as Class II

    A cabinet that resembles a slot is not thereby Class II. The Act removes slot machines and electronic facsimiles of games of chance from that class.

  2. 02Skipping the compact

    Class II can proceed under tribal regulation when §2710(b) is met. Class III must also be conducted in conformance with a Tribal-State compact that is in effect.

  3. 03Ignoring the state-permits line

    Both Class II and Class III require that the state permit that gaming for any purpose. A tribal ordinance does not erase §2710(b)(1)(A) or §2710(d)(1)(B).

  4. 04Reading one compact as national law

    A compact is an agreement between one tribe and one state. This page does not restate any compact’s game list.

  5. 05Asking for a machine grade

    Classification is a tribal and NIGC question. This guide does not publish a pay rate.

Go play

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After the 90 seconds

Questions before and after you play

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01The two classes

What is the difference between Class II and Class III gaming?

Class II is bingo — including electronic, computer, or other technologic aids — plus games similar to bingo played in the same location, and certain non-banked card games. Tribes regulate Class II when the state permits that gaming and the NIGC Chairman has approved the tribal ordinance. Class III is every other form of gaming. It is lawful on Indian lands only when a qualifying ordinance is in place, the state permits that gaming, and the gaming is conducted in conformance with a Tribal-State compact that is in effect.

What is Class I gaming?

Class I is social games solely for prizes of minimal value, or traditional forms of Indian gaming connected with tribal ceremonies or celebrations. The statute places Class I within the exclusive jurisdiction of the Indian tribes. It is not the casino floor people mean when they compare Class II and Class III.

Does Class II include electronic bingo aids?

Yes. Section 2703(7)(A) defines Class II bingo whether or not electronic, computer, or other technologic aids are used in connection with the game. The aid has to serve that bingo game. The same paragraph then excludes slot machines and electronic or electromechanical facsimiles of any game of chance. An aid to bingo and a facsimile of a game of chance are not the same statutory object.

02The slot-machine question

What is a class 2 slot machine?

People use that phrase for machines that look like slots. The Indian Gaming Regulatory Act does not create a class called “class 2 slots.” The NIGC history page says the Act specifically excludes slot machines or electronic facsimiles of any game of chance from Class II, and §2703(7)(B) says Class II does not include slot machines of any kind. Whether a particular device is a technologic aid to bingo or a facsimile is a classification question for the tribe and the NIGC. This page does not describe how any machine pays.

Are slot machines Class II because they sit on Indian lands?

No. Indian lands are where the Act applies; they do not rewrite the class definitions. Slot machines of any kind are excluded from Class II. Games that are not Class I and not Class II are Class III, and Class III must be conducted in conformance with a Tribal-State compact that is in effect, along with the ordinance and state-permission conditions in §2710(d)(1).

03Compact and scope

What does the Tribal-State compact require for Class III?

Section 2710(d)(1) says Class III gaming on Indian lands is lawful only if three conditions are met: an ordinance or resolution adopted by the tribe, meeting subsection (b), and approved by the Chairman; a location in a state that permits such gaming for any purpose; and conduct in conformance with a Tribal-State compact entered into by the tribe and the state that is in effect. This guide does not summarize any one compact.

Is this legal advice for a specific tribe or machine?

No. It restates the class definitions in 25 U.S.C. §2703 and the Class III compact condition in §2710, plus the NIGC’s public history note, checked 12 October 2026. A property’s ordinance, compact, and device classification belong to that tribe, the state, and the NIGC. CasinoList does not list tribal floors on the commercial cards linked below.

Sources

  1. NIGC — History of the Commission and the Act · accessed Oct 12, 2026States that the Act excludes slot machines or electronic facsimiles of any game of chance from Class II, and that tribes are the primary Class II regulator.
  2. 25 U.S.C. §2703 — IGRA definitions (USCODE-2023) · accessed Oct 12, 2026Class II bingo and non-banked cards; slot machines and facsimiles excluded; Class III is all other gaming.
  3. 25 U.S.C. §2710 — Class II ordinance and Class III compact · accessed Oct 12, 2026Class III must be conducted in conformance with a Tribal-State compact that is in effect. §2710(d)(1)(C).