... that I disagree with the learned Mr. Knapp ... on anything!

However, I'm afraid on this subject, I must do so. Following is the text of a message I posted on October 4, 2000. Can't say it any better than I did then:

Here's why the HPA does not apply ...

Posted By: Jim Reilly CC & GTCC #R3606 NCN #040 (ppp-207-214-149-32.snrf01.pacbell.net)
Date: 10/4/00 12:54 a.m.

In Response To: Re: John, I'd be interested in ... (Peter Sanders R-4182)

... to chips (could not find my previous post on this subject in the archives; perhaps it was further back than the current archives go):

>> (3) The term "original numismatic item" means anything which
>> has been a part of a coinage ...

Under federal law, only the government may issue "coinage". As far as I know, the federal government hasn't made any casino chips.

>> or issue which has been used in exchange ...

Two problems here. (1) What is an "issue"? The use of this phrase in conjunction with "coinage" implies that the reference is to a "government issue" other than coinage (token, medal or paper money).

(2) At least in Nevada (and perhaps other jurisdictions as well), the gaming regulations specifically prohibit the use of chips "in exchange" (that is, for the purpose of commercial transactions as a substitute for money). Chips may be used only for the limited purpose of placing bets -- they cannot be used to purchase anything.

>> or has been used to commemorate a person or event.

Continuing the foregoing analysis, an "issue" used to "commemorate a person or event" can only mean a commemorative item produced by the government, not every item produced by any private person or company.

>> Such term includes coins, tokens, paper money, and commemorative medals.

Two points again: (1) This list merely enumerates the types of items already covered by the main text; that is, governmentally produced items.

(2) This list is exclusive; that is, anything not mentioned is not covered. If the list was intended to be illustrative rather than exclusive, the language would read, "Such term includes but is not limited to coins, tokens, paper money and commemorative medals." As written, the term "original numismatic item" includes "coins, tokens, paper money and commemorative medals", but nothing else. Not chips (in part because they are not governmentally issued and in part because they are not listed among the items defined to be "original numismatic items").

The argument in favor of including casino tokens as "original numismatic items" is stronger (because "tokens" is included on the list). I believe casino tokens are NOT covered, however, because they fail to meet the first part of the statute (that is, casino tokens are not an "issue" within the meaning of the statute).

----- jim o\-S