Legally, How risky is it?

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kennyjb
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Legally, How risky is it?

Post by kennyjb »

I'm interested in distilling as it seems like an interesting hobby. I am concerned however with getting caught. If you really are just producing for private consumption, and not selling it, how likely are you to get into any legal trouble?
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Re: Legally, How risky is it?

Post by jedneck »

Not more chance gettin caught makin likker as pleasing yourself in shower. If nobody knows how they gonna find out
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Re: Legally, How risky is it?

Post by jonnys_spirit »

Well pleasing oneself in the shower only goes so far. Gonna eventually move it into the living room with me lady and a couple strangers....

How risky is that?

Lol
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Re: Legally, How risky is it?

Post by ShineonCrazyDiamond »

Use a rubber and don't talk about it in the morning.
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Re: Legally, How risky is it?

Post by Fart Vader »

We digress...
Lol
Don't tell don't sell.
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Re: Legally, How risky is it?

Post by Twisted Brick »

All joking aside, there have been many threads here voicing your same concern. At one point (2018) on I called a couple well-known distilling equipment retailers and was told that the TTB stopped requiring them to report purchasers of their stills (columns, mostly, not boilers). The consensus now is that law enforcement is not interested or equipped to invest any time to bust the single clandestine 'stiller making hooch in his kitchen/garage for himself and his buddies.
Last edited by Twisted Brick on Fri Apr 03, 2020 11:02 pm, edited 1 time in total.
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Swedish Pride
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Re: Legally, How risky is it?

Post by Swedish Pride »

been one or two that got in to trouble here, from memory it was caused by ex's with a score to settle.
if you can keep your mouth shut and whom ever you share abode with can keep their mouth shut you're golden.
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Re: Legally, How risky is it?

Post by Windswept »

I guess it depends on what part of the world you're in. Up in the great white north, the last time somebody getting charged for home distilling made the news it was because he blew up his house. Even then he got charged with arson through negligence.

Don't tell, don't sell and you'll go a long way!
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Re: Legally, How risky is it?

Post by zed255 »

In Canada, as already mentioned, the authorities are not really too concerned with chasing and prosecuting the home distiller. As far as I understand it the hardware is fully legal as it can be used for other legitimate purposes, so not too many worries about possessing a still. Brewing and wine-making has been legal here since the seventies, so fermenting alcohol is not an issue. Even the end product itself is of little concern on its own. You'd literally need to get caught red-handed with alcohol coming out of a running still, and even then they may not bother. Too many real issues in society, so the quiet guy making a little moonshine at home is not a high priority.

I'd imagine if you are creating truckloads of crappy product and selling it your situation would be very different. Creating quality product on a reasonable scale for yourself and maybe a little sharing with the closest family and friends that you wouldn't have too much to worry about. There may of course be different attitudes in other juristictions / regions, so use your best judgement based on your locality.

Like the mantra around here goes:

Don't tell, don't sell.
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Re: Legally, How risky is it?

Post by Yonder »

I believe in most states, the law has more important things on their plate... excepting some eastern seaboard areas for some reason. I think the last real case in my state was ‘14 other than some dipshit that set up next to a high school and started selling.
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Re: Legally, How risky is it?

Post by shadylane »

Legally, How risky is it?
Depends on where your at.
In my neck of the woods, it could be very risky.
The laws are a throwback to the prohibition age.
Size of the still doesn't matter. You get caught or they say you are
They could take every thing with or without a trial.
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Re: Legally, How risky is it?

Post by user604 »

To further what other Canucks have said, don't sell is the only rule for us. Anecdotal evidence suggests the Courts (and RCMP, for that matter) really do not care, see https://old.reddit.com/r/firewater/comm ... distilling and viewtopic.php?f=2&t=4213.
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Re: Legally, How risky is it?

Post by Windswept »

user604 wrote: Sat Apr 04, 2020 12:41 am To further what other Canucks have said, don't sell is the only rule for us. Anecdotal evidence suggests the Courts (and RCMP, for that matter) really do not care, see https://old.reddit.com/r/firewater/comm ... distilling and viewtopic.php?f=2&t=4213.
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Re: Legally, How risky is it?

Post by Durhommer »

jedneck wrote: Thu Apr 02, 2020 5:29 pm Not more chance gettin caught makin likker as pleasing yourself in shower. If nobody knows how they gonna find out
Had to laugh about that one :lolno: :lol:
You have two ears and one mouth for a reason....
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Re: Legally, How risky is it?

Post by Desvio »

If you live in Oregon, the only people busted here it was a secondary to drug dealing or manufacture, plus there aren't enough resources at all levels to go on a witch hunt, and depending on where you are you might be able to hit the next distiller with a rock. That said keep your mouth shut and enjoy your secret, although my local brew supply guy grins when I buy stuff for distilling, he knows his stuff really good but I still refer to it as "brewing".

The best part is my neighbors and friends that come over and have no idea they are standing next to a seven foot tall reflux still with a blanket over it, all my regular brewing equipment laying around kinda distracts from it.
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Re: Legally, How risky is it?

Post by 8Ball »

Biggest challenge is to keep your mouth shut. If you sell, then you deserve whatever you get. None of my neighbors and only a small few of my friends know, and even they don’t get to see my aging stock. When I set up in my backyard, I also fire up my cold smoke generator and turn on the music. Neighbors figure I’m just chilling while smoking meat.

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Re: Legally, How risky is it?

Post by NZChris »

It may have much to do with how much unwelcome attention your other interests attract.
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Re: Legally, How risky is it?

Post by Dewstiller »

Twisted Brick wrote: Thu Apr 02, 2020 7:34 pm All joking aside, there have been many threads here voicing your same concern. At one point (2018) on I called a couple well-known distilling equipment retailers and was told that the TTB stopped requiring them to report purchasers of their stills (columns, mostly, not boilers). The consensus now is that law enforcement is not interested or equipped to invest any time to bust the single clandestine 'stiller making hooch in his kitchen/garage for himself and his buddies.
That's really useful information to hear. I have read that these sales in the past were reported to the USA government. I ordered most of my equipment from overseas to avoid this. Mile Hi has one accessory I wanted to order and I have been hesitant to order simply because I didn't want to be put onto a list somewhere.
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Re: Legally, How risky is it?

Post by cayars »

Dewstiller wrote: Sun Apr 05, 2020 12:38 am Mile Hi has one accessory I wanted to order and I have been hesitant to order simply because I didn't want to be put onto a list somewhere.
If you're super paranoid but really want the item, use a pre-paid CC you can purchase anywhere for cash and a shipping locker service that sends you a pin code or bar-code by text or email to open and retrieve content. Get a free email/text account online for this.

Many companies offer locker services including Amazon Hub Locker which are one-time use and no fees. Others sell for a monthly fee.

Think outside the box and your name/address won't be associated with the purchase.
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Re: Legally, How risky is it?

Post by Dewstiller »

That's a great idea. I am not super paranoid about it but just prefer to avoid such a list if there is one. Thanks for the advice.
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Re: Legally, How risky is it?

Post by bluefish_dist »

Dewstiller wrote: Sun Apr 05, 2020 12:38 am
Twisted Brick wrote: Thu Apr 02, 2020 7:34 pm All joking aside, there have been many threads here voicing your same concern. At one point (2018) on I called a couple well-known distilling equipment retailers and was told that the TTB stopped requiring them to report purchasers of their stills (columns, mostly, not boilers). The consensus now is that law enforcement is not interested or equipped to invest any time to bust the single clandestine 'stiller making hooch in his kitchen/garage for himself and his buddies.
That's really useful information to hear. I have read that these sales in the past were reported to the USA government. I ordered most of my equipment from overseas to avoid this. Mile Hi has one accessory I wanted to order and I have been hesitant to order simply because I didn't want to be put onto a list somewhere.
They did send out letters to all equipment buyers a few years ago reminding them it was illegal. Appears nothing happened and it was simply a scare tactic and they had no real intention of making arrests. It is law that you are required to register stills and record who buys them.
They currently don’t have the manpower to go after anyone. I didn’t see a single TTB agent in the 4 years I had a DSP. Other distillers said they came through about every 5 years. Now I did see a local liquor agent.
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jonnys_spirit
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Re: Legally, How risky is it?

Post by jonnys_spirit »

Just because you’re not super paranoid doesn’t meant that they’re not keeping tabs on you.

Good luck!
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Re: Legally, How risky is it?

Post by Dennis »

jonnys_spirit wrote: Sun Apr 05, 2020 5:56 am Just because you’re not super paranoid doesn’t meant that they’re not keeping tabs on you.

Good luck!
-jonny
This is the best piece of information posted here! Don’t believe when anyone tells you they don’t keep tract of what is required by law. Fall off one list land on another. Local law is who you will more likely run into. If it’s illegal to own a Still in your state you are more subject to scrutiny. States have access to these lists. Depends when they want to make an example of someone.
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Re: Legally, How risky is it?

Post by The Booze Pipe »

Desvio wrote: Sat Apr 04, 2020 10:01 am If you live in Oregon...depending on where you are you might be able to hit the next distiller with a rock.
BAHAHA I literally could do that!
Almost every one I talk to thinks home distillation is perfectly legal, even my friends that are police officers! I think you’re relatively safe in the Northwest. But that being said, Federally, home distillation is a crime, penalty of up to $10,000 and ten years in prison; correct me if I’m wrong.
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Re: Legally, How risky is it?

Post by MichiganCornhusker »

The Booze Pipe wrote: Sun Apr 05, 2020 12:51 pmFederally, home distillation is a crime
^Felony
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Re: Legally, How risky is it?

Post by cranky »

MichiganCornhusker wrote: Sun Apr 05, 2020 2:27 pm
The Booze Pipe wrote: Sun Apr 05, 2020 12:51 pmFederally, home distillation is a crime
^Felony
And possession of a certain amount of untaxed alcohol is a felony. I've seen several instances of people being charged with a felony because they possessed more than one gallon of untaxed alcohol.

Some people have been caught and prosecuted because they tried to sell their stilling equipment on craigslist or facebook and others were reported because of spouses and significant others. One I read about got reported and caught because the neighbor saw him distilling in his shed with the door open and one person in Alabama was charged with making moonshine because a neighbor reported his beer making equipment and at that time Alabama made no distinction between the two. There are a whole lot of ways to get yourself in trouble doing this. Give some to the wrong person and they could turn you in, if the LEO wants to make the news they might just go visit you.

On top of that the still sellers are required to keep records and if requested hand those records over. I think I remember a few years back when they did that they actually paid visits to a few people in Florida over it.

So yes there are risks. I make my own equipment and keep it where the neighbors and anybody else won't see it. I keep it to myself. It helps that whenever it is disassembled it doesn't look like a still it looks like all the rest of the random copper junk I have lying around.
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Re: Legally, How risky is it?

Post by cob »

Rad posted several times that his significant other had no idea he even had a still

I am in the same boat wife of 30+ years has no idea what I do in that giant shop.

first time I read "don't sell don't tell" was from Hillbilly Rebel a long time ago
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Re: Legally, How risky is it?

Post by 8Ball »

NZChris wrote: Sun Apr 05, 2020 12:00 am It may have much to do with how much unwelcome attention your other interests attract.
Interesting opinion. Not quite sure of the relevance given that what we do is perfectly legal in your case.

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Re: Legally, How risky is it?

Post by The Baker »

8Ball wrote: Mon Apr 06, 2020 8:55 am
NZChris wrote: Sun Apr 05, 2020 12:00 am It may have much to do with how much unwelcome attention your other interests attract.
Interesting opinion. Not quite sure of the relevance given that what we do is perfectly legal in your case.

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Re: Legally, How risky is it?

Post by 8Ball »

Figures, a super moon phase is tomorrow.

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🎱 The struggle is real and this rabbit hole just got interesting.
Per a conversation I had with Mr. Jay Gibbs regarding white oak barrel staves: “…you gotta get it burning good.”
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