Wow, this could change home distilling forever in the US

probably wont change much it is already legal in many states even though it is illegal federally like marijuana
of course in CT anyway you cant sell it or even give it away legally
so that probably wont change
 
Ozarks Mountain Brewery said:
very illegal in my state, as a matter of fact here they even target home brewers and watch us
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where the heck do you live
home brewing is federally legal
but I guess states can do what they like
at least they used to
 
Ozarks Mountain Brewery said:
the Misouri Arkansas ozark Mountains
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yeah well moonshiners still probably cant sell but maybe the new law will cut into their buisness
I guess states can still probably outlaw home distilling if the want or find some loophole
it's all about getting the tax money
maybe they will say you can distill but have to pay tax on your home consumption
not sure how they can enforce it
 
Brew Cat said:
Ill have to Google map the Ozarks
I see it shows Arkansas and Oklahoma
Silly me I thought they were only in Missouri
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the so called mountains run from southerm Missouri through northern Arkansas, pretty much just big hills to me, lot's of rumers about old moonshiners here, I'm pretty sure most have died off, the law still keep suspecting
 
Ozarks Mountain Brewery said:
so now what ? lol
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ATF is purposefully kept very weak, and for good reason; Waco was originally an ATF PR stunt to secure more funding. They will whine and cry about the end of civilization as we know it to DOJ and depending on the ruling, they would likely appeal to the en banc 5th circuit. If they were to lose again en banc, they would be very unlikely to prevail at SCOTUS either by not being accepted by them or they take it and shoot ATF down in a blaze of glory. The plaintiffs are sympathetic, law abiding citizens, generally not good for the .gov.
So it's not settled just yet, but definitely not a good look to lose at the circuit and appeals court.
 
Brew Cat said:
where the heck do you live
home brewing is federally legal
but I guess states can do what they like
at least they used to
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But... home brewing was illegal until 1978 when President Jimmy Carter signed H.R. 1337, an act authorizing the home production of beer and wine without federal taxation. Coincidentally, also the year I arrived in the USA!
 
either way it's not cost effective, the chilling cost is too much unless you have free water, you run water for 12 hours to chill, I'll stick to beer lol
 
Ozarks Mountain Brewery said:
either way it's not cost effective, the chilling cost is too much unless you have free water, you run water for 12 hours to chill, I'll stick to beer lol
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I don't do it either, i have a couple friends that do. They use water chillers so they don't have to run water for hours
 
Ozarks Mountain Brewery said:
either way it's not cost effective, the chilling cost is too much unless you have free water, you run water for 12 hours to chill, I'll stick to beer lol
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A) None of what we do is cost effective, when it comes right down to it. :D
B) I've run for 8 hours and drained off maybe 25 gallons of warm water from my condenser vessel in the process. It's not nothing but it's not much. And it's not hard to find something in the yard that needs watering.
 
well true except for the fact that home brewers make some damn good beer as opposed to some of the crap distilled spirits people make that I've tasted
even some the stuff from craft distilleries is sub par compared to what is available
 
Dave Y said:
Ruling here.
https://storage.courtlistener.com/recap/gov.uscourts.ca5.220672/gov.uscourts.ca5.220672.116.1.pdf

6th circuit apparently has a similar case percolating, and apparently the Fed did not raise the interstate commerce clause here, so i would expect it to be argued at the 6th circuit.
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I'm not a lawyer, but the reasoning behind the ruling against the law prohibiting home distilling seemed sound to me. If a federal law is overturned in one district and the ruling is upheld, but never brought to the supreme court, does it mean it is legal in some parts of the US and not others? Is this scenario even legally possible?

As far as I know, it is a federal law and therefore makes distilling without a license illegal in all 50 states. I believe there are a lot of rouge distillers out there and the ATF ignores it due to apathy or lack of resources to enforce it.
 
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