Posted on 07/13/2024 10:37:31 AM PDT by thegagline
A federal judge in Texas has ruled that an 1868 ban on at-home distilling is unconstitutional.
U.S. District Judge Mark Pittman, in his ruling on Wednesday, sided with the Hobby Distillers Association’s lawyers that the 156-year-old ban exceeded Congress’s taxing power and violated the U.S. Constitution’s Commerce Clause. The Hobby Distillers Association is a group that advocates legalizing a person’s production of spirits such as whiskey and bourbon for their personal consumption.
“Indeed, the Constitution is written to prevent societal amnesia of the defined limits it places on this government of and by the people,” Pittman wrote. “That is where the judiciary must declare when its coequal branches overstep their Constitutional authority. Congress has done so here.”
Pittman issued a permanent injunction prohibiting the U.S. government from enforcing the ban against the Hobby Distillers Association’s members. The judge also stayed his decision for 14 days to allow the government to seek a stay at the appellate court level.
People who violate the at-home distilling ban could face up to $10,000 in fines or five years in prison.
***
The hobby group, which represented the plaintiffs, and four of its 1,300 members filed a lawsuit in December against the Alcohol and Tobacco Tax and Trade Bureau and the Department of Justice, saying that the government’s regulatory reach could not extend to activities within a person’s home.
“Indeed, the Constitution is written to prevent societal amnesia of the defined limits it places on this government of and by the people,” Pittman wrote. “That is where the judiciary must declare when its coequal branches overstep their Constitutional authority. Congress has done so here.”
Pittman issued a permanent injunction prohibiting the U.S. government from enforcing the ban against the Hobby Distillers Association’s members.
(Excerpt) Read more at dnyuz.com ...
Gives new meaning to “ bathtub gin”.
Read the law again. You can make beer and wine ( in most states, but not all).
You cannot distill spirits without a government license.
I was thinking about making my own ethanol, from sugar cane grown on my own land, but the government license I had to sign said I had to agree to no notice government ATF agents inspection of ALL of my property, to include my home. No thanks.
My wife's sister lives in Tennessee. When visiting California some ten years ago, her husband brought a jar of moonshine whiskey and gave it to me. Thanked him, but never drank it. I like keeping my eyesight. Still have the jar of moonshine as a curiosity keepsake.
So how do I make a good beer in my apartment? Probably better to go to the store.
Just don't cut it with non-edible substances.
My still produced alcohol that dissolved the paint off the condenser where it sometimes dripped.
I always thought you could make distilled spirits in small volumes at home.
My efforts to make sour mash whiskey never measured up to the products of George Dickel or Jack Daniels.
The State of Texas is welcome to raise the excise taxes on liquor sold commercially to make up for revenue they feel they might have lost on home distilling. IMHO, the people who abuse liquor are unlikely to have the ambition to distill their own.
Could a challenge of Wickard v Filburn be next?
Of course this legal reasoning would apply to poppy plants, Magic mushrooms, and just about any other thing you could think of.
It is a good decision for liberty.
However, if you’re a novice you’d best pay the tax and buy a good bottle of Irish Whiskey.
MOST of what hobbyist distillers...and brewers too...make is wholly crap.
There are more potential issues. From perplexity.ai:
Methanol contamination: While the risk of methanol poisoning from properly made spirits is often overstated, bacterial contamination during fermentation can potentially increase methanol production to dangerous levels. Proper sanitation and fermentation practices are crucial.
Using toxic materials: Using improper materials like car radiators, which contain lead solder, can leach toxic metals into the distillate. Only food-grade materials should be used in still construction.
Improper cuts: Failing to properly discard the foreshots and heads of a distillation run can result in higher levels of toxic compounds in the final product.
Overproofing: Distilling to very high alcohol concentrations (above 95% ABV) can produce a product that is lethally potent if consumed undiluted.
Contamination: Poor sanitation or using contaminated ingredients can introduce harmful bacteria or other toxins into the final product.
Lack of quality control: Not properly measuring and controlling alcohol content can result in inconsistent and potentially dangerous products.
No. Federal law prohibits you from operating a still in a residence.
Enacted in 1868, 26 U.S.C. § 5178(a)(1)(B) provides that:>/p>
[n]o distilled spirits plants for the production of distilled spirits shall be located in any dwelling house, in any shed, yard, or inclosure [sic] connected with any dwelling house, or on board any vessel or boat, or on premises where beer or wine is made or produced, or liquors of any description are retailed, or on premises where any other business is carried on (except when authorized under subsection (b)).
And § 5601(6) makes it a felony to violate § 5178(a)(1)(B), providing that:
[any] person who uses, or possesses with intent to use, any still, boiler, or other utensil for the purpose of producing distilled spirits, or aids or assists therein, or causes or procures the same to be done, in [any location proscribed by § 5178(a)(1)(B), except as authorized by § 5178(a)(1)(C)], shall be fined not more than $10,000, or imprisoned not more than 5 years, or both, for each such offense.
You had better know what you are doing. Methanol always is the first alcohol to distill off. You will go blind and destroy your kidneys if you drink it. One must know how to detect and discard that alcohol before the safe stuff comes off. That is why it was made illegal.
Yep. Except with the moonshiners we also got NASCAR.
BOOKMARK
The ability to make alcohol would be an excellent SHTF skill set to have. The purer the better.
Possession of a still was illegal.
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