Illegal Still States

Discussion and plans for legalizing our hobby.

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gmm213
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Illegal Still States

Post by gmm213 »

Can anyone tell me which states it is illegal for one to even own a still? To what extent is it? IE is it illegal to have all the pieces certain pieces any pieces etc. I Google and all I get is Google using the word still as in the adjective not the noun.
I come from a long line of brewers and distillers both legal and illegal. Have to do the family name proud
Boda Getta
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Re: Illegal Still States

Post by Boda Getta »

Don't know them all, but Alabama is on that list.

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Re: Illegal Still States

Post by heartcut »

Texas State law does not forbid the possession or use of a still, but US Federal law does.
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W Pappy
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Re: Illegal Still States

Post by W Pappy »

A still is not a still if it is not assembled it is only pieces and parts.
Buy the ticket and ride the lightnin boys !!!
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giospro
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Re: Illegal Still States

Post by giospro »

I don't think it's legal in Utah unless its beer or wine for home use which sucks cause I would like to make whiskey, but not sure on this, still trying to fine out, unless someone knows?
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ranger_ric
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Re: Illegal Still States

Post by ranger_ric »

Heartcut,
TABC has regulations against ownership of parts for distillation..
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White_Lightning_Rod
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Re: Illegal Still States

Post by White_Lightning_Rod »

Virginia, and Florida both forbid owning a still. These are the only two I am familiar with, sure there are more.
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pfshine
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Re: Illegal Still States

Post by pfshine »

Unless you live in New Zealand it is illegal to distill alcohol for consumption. Here is a site with info on some of the states laws. Mind you they might be incomplete.
http://www.coppermoonshinestills.com/id8.html" onclick="window.open(this.href);return false;" rel="nofollow
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Re: Illegal Still States

Post by ozone39 »

Montana you can own one, just can't use it for distilling spirits...You can go down to the brew store or planet natural and buy one over the counter. When I talked to the guy down there they sell around 3 to 5 a week. Guy can pay cash and not have to give any of your info either (name does not go onto the ttb watch list)...not to shabby..In all reality I do not see why owning a still would be illegal at all, there are other things a person can distill that ARE NOT illegal..IE essence oils, water, teas, herbs, ect......
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john2674
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Re: Illegal Still States

Post by john2674 »

here is north Dakotas law on it.
NDCC
5-01-04. Manufacture of alcoholic beverages prohibited -Exceptions.
A person may manufacture alcoholic beverages for personal or family use, and not for sale,
without securing a license if the amount manufactured is within quantities allowed by the alcohol
and tobacco tax and trade bureau of the United States treasury department. Any person
manufacturing alcoholic beverages within this state in quantities greater than those permitted by
the alcohol and tobacco tax and trade bureau of the United States treasury department is guilty
of a class A misdemeanor and property used for the same is subject to disposition by the court
except any person may establish a brewery for the manufacture of malt beverages, a winery, or
a distillery or other plant for the distilling, manufacturing, or processing of alcohol within this
state if the person has secured a license from the tax commissioner.


5-01-02. Exceptions.
Nothing contained in this title may be construed to apply to the following articles, when they
are unfit for beverage purposes:
1. Denatured alcohol produced and used pursuant to Acts of Congress, and the
regulations thereunder;
2. Patent, proprietary, medical, pharmaceutical, antiseptic, and toilet preparations;
3. Flavoring extracts, syrups, and food products; or
4. Scientific, chemical, and industrial products;
nor to the manufacture or sale of said articles containing alcohol. This title does not apply to
wines delivered to priests, rabbis, and ministers for sacramental use.

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T-Pee
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Re: Illegal Still States

Post by T-Pee »

john2674 wrote:here is north Dakotas law on it.
NDCC
5-01-04. Manufacture of alcoholic beverages prohibited -Exceptions.
A person may manufacture alcoholic beverages for personal or family use, and not for sale,
without securing a license if the amount manufactured is within quantities allowed by the alcohol
and tobacco tax and trade bureau of the United States treasury department.
Which is exactly ZERO right now.
At least they don't have to rewrite the law if/when the distillation of alcoholic beverages for personal consumption becomes legal. :problem:

tp
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john2674
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Re: Illegal Still States

Post by john2674 »

Yeah if only the feds would just add the words ",and spirits" to the law they already have..... nahhh!! thatd be too easy.
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Re: Illegal Still States

Post by carbohydratesn »

The amount allowed would still be zero...and spirits fall under the 'alcoholic beverages' umbrella.
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Fiorello
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Re: Illegal Still States

Post by Fiorello »

For education:

Excerpts from California Alcoholic Beverage Control Act:

(This first one is more for laughs... :lol: )

BPC § 23001: This division is an exercise of the police powers of the State for the protection of the safety, welfare, health, peace, and morals of the people of the State, to eliminate the evils of unlicensed and unlawful manufacture, selling, and disposing of alcoholic beverages, and to promote temperance in the use and consumption of alcoholic beverages. It is hereby declared that the subject matter of this division involves in the highest degree the economic, social, and moral well-being and the safety of the State and of all its people. All provisions of this division shall be liberally construed for the accomplishment of these purposes.

BPC § 23005: “Distilled spirits” means an alcoholic beverage obtained by the distillation of fermented agricultural products, and includes alcohol for beverage use, spirits of wine, whiskey, rum, brandy, and gin, including all dilutions and mixtures thereof.

BPC § 23034: “Still” means any apparatus capable of being used for separating alcohol, or alcoholic vapors of solutions from alcohol or alcoholic solutions or mixtures, but does not include stills or apparatus used for laboratory purposes or solely in the production of distilled water or substances other than alcoholic beverages.

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likker liker
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Re: Illegal Still States

Post by likker liker »

Along with having in one's possession said still or some other stuff / thing that separates said alcohol. It is also illegal to have in one's possession said moonshine or said something to f/u up stuff. :sarcasm:
ok to my point, I did read that if the alcoholic beverages have color, they (meaning federal government police ) can on longer tell or know where said alcohol came from.
All that was said is to be said true. As far said :lolno:
Isupplytoo
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Re: Illegal Still States

Post by Isupplytoo »

It's a felony to possess a distillation device in Mississippi.
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Re: Illegal Still States

Post by Squire »

W Pappy wrote:A still is not a still if it is not assembled it is only pieces and parts.
Yes it is, under the law possession of the parts of a still is construed as an intent to use. Same as possessing all the "parts" of a meth lab or a completely disassembled unlicensed machine gun.
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Kegg_jam
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Re: Illegal Still States

Post by Kegg_jam »

Maybe...

I make beer with most of the same equipment.

The only thing sketchy might be the Liebig or shotgun condenser. And maybe the jars full of clear stuff on the shelf.
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W Pappy
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Re: Illegal Still States

Post by W Pappy »

A couple of fellas have beat prosecution because they had parts.A worm can be used for heat exchange in a wood burner to heat your water.
Like keg jam stated a liebig could and I do believe would be a problem kegs can and are used in aging wine in.And a big ol pot is used for doing all grain beer.
Buy the ticket and ride the lightnin boys !!!
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The sound of a thumper is the heart beat of the rebel" Warden Pappy"
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3d0g
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Re: Illegal Still States

Post by 3d0g »

Squire wrote:
W Pappy wrote:A still is not a still if it is not assembled it is only pieces and parts.
Yes it is, under the law possession of the parts of a still is construed as an intent to use. Same as possessing all the "parts" of a meth lab or a completely disassembled unlicensed machine gun.
The "laws" are intentionally written loosey-goosey so lawyers and judges can bend them to their will. Taken literally, every single Home Depot, Lowe's and Ace Hardware houses countless stills.
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Re: Illegal Still States

Post by Squire »

I understand your reasoning 3d0g, Congress and State Legislatures are known to pass general laws leaving it up to Agencies to write rules implementing them and Courts to interpret them. Passing the buck has been done by politicians ever since the Greeks invented representative democracy thousands of years ago.

A part of the successful prosecution of criminal activity is establishing criminal intent. Retailing of plumbing supplies does not evidence any such intent, but buying a length of copper pipe and twisting it into a condensing worm might.
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Re: Illegal Still States

Post by kiwi Bruce »

So lets get this straight, they catch you with the hardware, dead cold in a closet. When they drag you before the magistrate and he asks you how you plead, just say, " I'm guilty of rape!" The magistrate will then ask , "Who did you rape?" you answer, " Nobody! but I've got the hardware"

This defense was actually used in 1888 by the Scots smuggler Goshen AKA James Smith (under the old Brit Laws any act of keeping tax from the government was call smuggling including distilling.
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Re: Illegal Still States

Post by raketemensch »

3d0g wrote:Taken literally, every single Home Depot, Lowe's and Ace Hardware houses countless stills.
This week has been full of discoveries.

Discovery #1: there's free wifi at Home Depot.
Discovery #2: they block access to homedistiller.org
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Re: Illegal Still States

Post by pfshine »

I don't use free WiFi they tend to scam your info.
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Re: Illegal Still States

Post by S-Cackalacky »

I live in Virginia where it's illegal to own a still, but I have come across a couple of stills for sale - one in a consignment shop and another in an indoor flea market. They were both antiqueish and appeared to be well used. I'm wondering if there are certain circumstances that allow them to be bought and sold. I just thought it was very strange to have seen these stills for sale considering the strict laws in VA. I know that they allow a person to buy/own a still with proper permits, but wondering how that translates to a consignment shop or flea market.
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3d0g
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Re: Illegal Still States

Post by 3d0g »

Another interesting catch-22: To obtain a DSP you must own a still. Yet if charged by the state for possessing a still, one could be found ineligible for DSP application.
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W Pappy
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Re: Illegal Still States

Post by W Pappy »

If the still is rendered down to the point that it cant and wont function then it is only an historical art piece.If the cap is soldered solid the worm is soldered shut
then it is a non functioning piece.
Buy the ticket and ride the lightnin boys !!!
Impatience is the root of all bad things in my book of makin likker!
The sound of a thumper is the heart beat of the rebel" Warden Pappy"
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Re: Illegal Still States

Post by Ludwig404 »

I think a number of states avoid the whole question of distilling and just go after the product, making it illegal to possess liquor that has not been purchased from a source holding a valid permit. The presence of a still would just be evidence that the liquor was not purchased lawfully.
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