Particular Laws in Georgia?

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Particular Laws in Georgia?

Postby hotrod77 » Wed Jul 20, 2011 1:56 pm

Please refer me to the appropriate post if I haven't found it.

Is anyone home distilling in GA? If so do you know the OFCGA? What are the particulars for home distilling in our state? Amount distilled? Location? Is it legal for personal consumption. I have a keg boiler/pot still and that's it. Just want to make sure I'm not gonna get a knock on the door if I talk about it (as I'm bound to do). I haven't made a call to the AG office yet, wanted to poll members and see if they knew anything pertinent. Thanks!

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Re: Particular Laws in Georgia?

Postby hackware » Wed Jul 20, 2011 2:20 pm

federal law prohibits distilling drinking alcohol...

regardless of state...

some states are worse than others on enforcement...

mississippi has their own laws above and beyond federal...

i've heard of stillers praying for the feds to take them over mississippi...

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Re: Particular Laws in Georgia?

Postby hotrod77 » Wed Jul 20, 2011 2:27 pm

Yes, thank you, I understand the federal level. I was wondering if anyone knows the particulars of Georgia, or could point me in the right direction beyond sifting through Code. thanks.
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Re: Particular Laws in Georgia?

Postby LWTCS » Wed Jul 20, 2011 2:31 pm

If you ain't tryin to sell legal,,,,,I think yer gonna open a can of worms for yourself.
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Re: Particular Laws in Georgia?

Postby hotrod77 » Wed Jul 20, 2011 2:45 pm

Oi, not trying to sell anything, was hoping someone could point me to GA legislation? thanks,

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Re: Particular Laws in Georgia?

Postby rad14701 » Wed Jul 20, 2011 3:22 pm

It is still illegal to home distill in the state of Georgia, as well as virtually every other state... The old moonshine states will most likely be some of the last ones to ever ease up from the state side of things and the federal government hasn't even considered backing down yet... Don't talk about it... Don't make any calls because that just makes you a blip on the radar... Don't sell and don't tell... Learn to keep your trap shut rather than bragging - even when you're drinking... Loose lips sink ships...
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Re: Particular Laws in Georgia?

Postby Prairiepiss » Wed Jul 20, 2011 6:55 pm

Not to be a jerk or nothing. But. It's illegal to home still in the US. As per federal laws. What more is there to know?
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Re: Particular Laws in Georgia?

Postby Dnderhead » Wed Jul 20, 2011 7:15 pm

a few states dont have distilling laws of there own .but in that case they are using the federal laws.
so they except the laws as the feds have written them.others add more..
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Re: Particular Laws in Georgia?

Postby hotrod77 » Thu Jul 21, 2011 12:49 pm

good enough, thanks y'all. I'll just keep my head down and work on the craft. To be clear, I have no intention of selling/distributing, etc., plus I don't have enough to go around, I'm just trying to educate myself and keep myself in the clear as best as possible. This hobby has me hooked and I'm still learning. Preeshadit.
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Re: Particular Laws in Georgia?

Postby short bus » Sun Aug 14, 2011 6:11 am

Hotrod,

Look on homebrewing sites. In '95 or '96 The State of Georgia passed a homebrewing law that allowed one to produce 50 gallons of beer, wine, or distilled spirits.. Look here http://www.homebrewtalk.com/f14/got-cal ... ndex2.html. I don't know if the law has been updated. I do know there was a moonshine bust in Walker county last year, the cops put a video of still on you tube. I openly share my shine with friends and talk about it. As long as you don't flaunt your hobby, you shouldn't have any problems. Regardless of the law, be sake and sane, keep a low profile and you shouldn't have any problems.

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Re: Particular Laws in Georgia?

Postby Dnderhead » Sun Aug 14, 2011 7:25 am

one thing i seen was that if your caught in a legal state.that it whould jeopardize any federal loans or grants.
thus if caught and not arrested you mite not git the college grant or a loan for a new house, etc.
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Re: Particular Laws in Georgia?

Postby Prairiepiss » Sun Aug 14, 2011 8:05 am

short bus wrote:Hotrod,

Look on homebrewing sites. In '95 or '96 The State of Georgia passed a homebrewing law that allowed one to produce 50 gallons of beer, wine, or distilled spirits.. Look here http://www.homebrewtalk.com/f14/got-cal ... ndex2.html. I don't know if the law has been updated. I do know there was a moonshine bust in Walker county last year, the cops put a video of still on you tube. I openly share my shine with friends and talk about it. As long as you don't flaunt your hobby, you shouldn't have any problems. Regardless of the law, be sake and sane, keep a low profile and you shouldn't have any problems.

GOOL LUCK
SB


I am not seeing where it says anything about 50 gallons of wine or distilled spirits. The post on thread says beer? Unless you can point us to the actual Georgia law. I wouldn't trust it. And as been stated it is still illegal at the Federal level.

Openly talking and sharing with your friends? So now you have to worry about your friends talking to someone. Then that person talking to someone. And so on and so on!! You mite as well be flaunting it.
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Re: Particular Laws in Georgia?

Postby rad14701 » Sun Aug 14, 2011 8:19 am

I've also been searching current Georgia law and not finding any references to distilled spirits in 3-5-4... Unless a link can be provided we must assume such legislation to not exist...
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Re: Particular Laws in Georgia?

Postby Bull Rider » Sun Aug 14, 2011 3:36 pm

This is one example of why it's important to do your own legwork in looking up a law, a rule or a regulation. Sometimes a response will be spot on, but too many times the answer will either be hearsay, or a WAG (wild assed guess).

If you really have a need to know the facts, then don't rely too much on others responses. Read the law for yourself, it will probably reference other laws for enforcement or definitions. The devil's in the details.

You can do a text search of your state laws and rules by going to your legislature's home page. (This is a WAG, I haven't visited all 50 states web pages)



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Re: Particular Laws in Georgia?

Postby stud171194 » Wed Dec 04, 2013 12:27 pm

This is the place to look up GA laws: http://www.lexisnexis.com/hottopics/gacode/Default.asp

I found this to be the only thing outlining distilling:
Return to Results | Book Browse

O.C.G.A. § 3-4-2 (Copy w/ Cite)
Pages: 2
O.C.G.A. § 3-4-2

GEORGIA CODE
Copyright 2013 by The State of Georgia
All rights reserved.

*** Current Through the 2013 Regular Session ***

TITLE 3. ALCOHOLIC BEVERAGES
CHAPTER 4. DISTILLED SPIRITS
ARTICLE 1. GENERAL PROVISIONS

O.C.G.A. § 3-4-2 (2013)

§ 3-4-2. Applicability of chapter to ethyl alcohol used for certain purposes


(a) This chapter shall not apply to ethyl alcohol intended for use or used for the following purposes:

(1) For scientific, chemical, mechanical, industrial, medicinal, and culinary purposes;

(2) For use by those authorized to procure ethyl alcohol tax free, as provided by federal law;

(3) In the manufacture of denatured alcohol or denatured distilled spirits produced and used as provided by federal law;

(4) In the manufacture of patented, patent, proprietary, medicinal, pharmaceutical, antiseptic, toilet, scientific, chemical, mechanical, and industrial preparations or products unfit for beverage purposes; or

(5) In the manufacture of flavoring extracts and syrups unfit for beverage purposes.

(b) Nothing contained in subsection (a) of this Code section shall prohibit the commissioner from promulgating reasonable rules and regulations with regard to ethyl alcohol intended for use or used for any of the above-mentioned purposes in order to ensure proper enforcement of this title.

HISTORY: Ga. L. 1937-38, Ex. Sess., p. 103, § 13; Code 1933, § 5A-2102, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 1982, p. 3, § 3.

But I'm no lawyer :).
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Re: Particular Laws in Georgia?

Postby ga flatwoods » Wed Dec 04, 2013 7:26 pm

I have read the GA OCGA. it is not legal to own a still or distillation equipment, distill, or have in possession for consumption or sale any untaxed alcohol. ALL FELONIES!!! Last time I looked you could produce 50 gallons of malted beverages and 250 gallons of wine per head of household provided it is produced and consumed on the property. I think the law just changed to up the totals but have not pulled the latest OCGA publication to look.
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Re: Particular Laws in Georgia?

Postby BourbonStreet » Thu Dec 05, 2013 3:09 pm

hackware wrote:mississippi has their own laws above and beyond federal...

i've heard of stillers praying for the feds to take them over mississippi...


From what I hear, their ABC is probably about as insane as Virginia's. Funny story: Mississippi was the last to repeal, in 1966. Back then, some state legislators got busted with booze at a party by the ABC, and passed a bill to legalize soon after. :lolno:

Half the counties are still dry, and buy their liquor from the other half. I have relatives in MS, and their county just went wet as of this year!

Moonfakers actually has a shiner from MS now. He doesn't even keep his still in one place: he does all his runs on a swamp boat.

Ironically, next door, Louisiana is probably the most lenient. Of course, booze and lax law enforcement go hand in hand there... :mrgreen:
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Re: Particular Laws in Georgia?

Postby swampdog 2 » Sun Dec 22, 2013 5:26 am

I know a guy that lives in the county next to me that got caught cooken off some likker had four quarts local law turned it over to feds they are trying to cut off his government check worked for state prison sysem for 18 years got stabbed and cut up messed him up bad draws some kind of disability check don't know if check comes from state or federal government think he got something like ayears probation and a fine know jail time
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Re: Particular Laws in Georgia?

Postby shadylane » Sun Dec 22, 2013 7:28 am

I don't know about the Georgia laws.
I do know that in one state the law allows for the confiscation of "all" property, land, buildings, vehicles, bank accounts, ect
And they can do this without a conviction. They don't make a habit of doing this, but they could if they want.
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Re: Particular Laws in Georgia?

Postby rumplestiltskin » Fri Mar 28, 2014 2:41 pm

Nobody, but nobody is distilling in the state of Georgia.
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Re: Particular Laws in Georgia?

Postby aquavita » Fri Mar 28, 2014 3:21 pm

shadylane wrote:I don't know about the Georgia laws.
I do know that in one state the law allows for the confiscation of "all" property, land, buildings, vehicles, bank accounts, ect
And they can do this without a conviction. They don't make a habit of doing this, but they could if they want.


I believe that is Florida.... :esurprised:
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