Are retro game consoles illegal?

No, owning and using retro game consoles — original hardware or Raspberry Pi-based emulation setups running RetroPie or Batocera — is not illegal. The legal complexity sits with the ROMs, not the console hardware itself.

Original retro consoles like the SNES, Sega Genesis, or N64 are straightforward: buying, selling, and playing them is fully legal. Emulation software such as RetroArch, RetroPie, and Batocera is also legal open-source software. Where legality gets complicated is ROM files — downloading ROMs for games you don't own a licensed copy of exists in a legal gray area under copyright law in most jurisdictions. Owning the original cartridge does not automatically grant a legal right to download a ROM version of that game.

• Retro console hardware — original cartridge-based systems — is fully legal to own, sell, and play.
• Emulation software (RetroPie, Batocera, RetroArch) is open-source and legal to install and use.
• ROM files are copyrighted; downloading ROMs without owning the license is illegal under U.S. copyright law.
• Preloaded SD cards like Sonicon's include a disclaimer requiring buyers to hold licenses for the ROMs they play.
• No U.S. jurisdiction has ever prosecuted an individual consumer solely for personal ROM use, though the legal gray area remains unresolved.