Texas judge rules home distilling ban UNCONSTITUTIONAL!

[shadylane]

An AK is a Kalashnikov rifle which he was filmed with (or the abbreviation for Arkansas)

AK is Alaska and AR is Arkansas, you only missed it by a several thousand miles

[kiwi Bruce]

Sorry not thinking outside of the States....
the ATF (Bureau of Alcohol, Tobacco, Firearms and Explosives) is under the control of the Department of Justice. It has it's own Director.
2A is the abbreviation for the Second Amendment of the US Constitution and guaranties the right to keep and bear arms.
Brandon Herrera is a "you tuber" with a very large following (millions) He builds Kalashnikov rifle and has a lot of gun related stuff on his channel. He has the "handle" The AK Guy.
This is where it gets interesting (for us) It's the ATF that has come up with all of the shitty little "laws" that aren't really Laws because the Legislature never made them Laws, so they are Bureaucratic regulations that are treated "and punished" as if they were laws.
Now SCOTUS (the Supreme Court of the United States) made a ruling last year that has the "Chevron Deference" as part of the ruling, which says the the Alphabet Agencies (including the ATF) can NOT make-up their own laws or Bureaucratic regulations, this MUST be made by Legislature.
So... if Brandon Herrera is appointed Director of the ATF he has said he will close the agency, turning the the agents over to the DOJ (Department of Justice) Great for gun owners...but how would that affect us in the hobby? It is the ATF that is challenging the 5th circuit ruling on the UN-Constitutionality of banning our hobby.
So there you have it...let us know what YOU think!

[shadylane]

So there you have it...let us know what YOU think!

Having someone who's only qualification is being a "you tuber" to run the ATF is a bad idea.
Legalizing homedistillation is a good idea.

[fiery creations]

So there you have it...let us know what YOU think!

Having someone who's only qualification is being a "you tuber" to run the ATF is a bad idea.
Legalizing homedistillation is a good idea.

And having someone who can't even figure out how a basic Glock works as the head director is?

I'm not sure if you know anything about him, or what you expect as far as qualifications. But Brandon would be a massive improvement without a doubt.

[shadylane]

And having someone who can't even figure out how a basic Glock works as the head director is?

I'm not sure if you know anything about him, or what you expect as far as qualifications. But Brandon would be a massive improvement without a doubt.

I wouldn't be hiring a youtuber to run a major government organization.
I'd be looking for someone with much broader experience.
Real life isn't the show moonshiners.

[Yummyrum]

Best we keep politics out of this and opinions to ourselves .
Let’s keep this on topic and factual before someone gets a smack .

[fiery creations]

And having someone who can't even figure out how a basic Glock works as the head director is?

I'm not sure if you know anything about him, or what you expect as far as qualifications. But Brandon would be a massive improvement without a doubt.

I wouldn't be hiring a youtuber to run a major government organization.
I'd be looking for someone with much broader experience.
Real life isn't the show moonshiners.

Sorry, not trying to get political or push anything. That's why I said I'm not sure if you just don't know enough about him because he's more than just "A Youtuber." That lone would not be enough, and I agree with you on that point.

Now the other guys are more equivalent to the show Moonshiners... Pretending while not knowing anything about it. A requirement should be at least a basic understanding of what you're regulating. Imagine them getting up there and saying "You will go blind, if you don't blow up first" in regards to our hobby.



Anyway. The Chevron Defense ruling is a huge deal and I can't wait to see where it goes. Many of my hobbies are impacted by this. Small scale gold miners are on edge right now because for the first time in forever a lot of the BS hold ups may be going away. No more getting tied up in years of waiting to be approved because all of your permit applications are being intentionally sat on.

If this goes how it's looking, a lot of my passions are going into warp speed. There's my opinion.

[Yummyrum]

Thank-you Fiery creations , you have just received a smack .
Anyone else ?

[kiwi Bruce]

Thank-you Fiery creations , you have just received a smack .
Anyone else ?

I had forgotten you were a MOD! and "no not me" I definitely do not want a smack...Thank you

[kiwi Bruce]

Best we keep politics out of this and opinions to ourselves .
Let’s keep this on topic and factual before someone gets a smack .

I went back and reread the posts...it's surprising how quickly things started to go sideways. And that's why "Best we keep politics out of this and opinions to ourselves."

[Yonder]

An AK is a Kalashnikov rifle which he was filmed with (or the abbreviation for Arkansas)

AK is Alaska and AR is Arkansas, you only missed it by a several thousand miles

Well, damn! No more drinkin’ n typing. The states get all messed up when you do that!

[Deplorable]

Im still holding on to see where this ends up as far as US law, and I hope it goes the way we all are wanting it to. Interesting times we are living in.

[The Booze Pipe]

I'm pretty darn excited for all the change!

[subbrew]

We can hope this moves in our direction. With the SC striking down Chevron we have a much better chance. Fidelity to the words of the Constitution seems to be much more in fashion in the last few years.

[shadylane]

Here in the USA on October 14, 1978 President Carter signed bill HR1337 making home brewing beer and wine officially legal at the federal level. It took until 2013 for it to be legal in all the states.
I only want to be allowed to remove impurities, including water from the beer and wine I can already legally make.

[kiwi Bruce]

It gets better and better...Attorney General Pam Bondi, Head of the Department of Justice, terminated Pamela Hicks the Chief legal counsel for the ATF. It was Hicks that started the litigation on the ruling of U.S. District Judge Mark Pittman. The ATF has been instructed to review ALL firearms legal cases going back to 2021, most of which will be either reversed or dropped. Keep your fingers crossed...they MAY review the Pittman case and throw that out too, we can only hope.

[subbrew]

My understanding is that if they throw it out, then the law is null in that district but not the rest of the country. But that could inspire legislation to legalize home distillation nation wide. Otherwise it might be better if they let the case more forward without really fighting it, to let the supreme court decide so the ruling is nationwide.

[kiwi Bruce]

It might be better if they let the case more forward without really fighting it, to let the supreme court decide so the ruling is nationwide.

You make a good point there sub.

[Ray_Razorbacks_64]

Case update:
05/09/2025 101
CASE TENTATIVELY calendared for oral argument for the week of 08/04/2025. [24-10760] (CBW) [Entered: 05/09/2025 02:51 PM]

[kiwi Bruce]

Rav is this with the Texas Superior Court or SCOTUS?

[Ray_Razorbacks_64]

Link to today's 5th Fifth Circuit Court of Appeals Case
https://www.ca5.uscourts.gov/OralArgRec ... 4-2025.mp3

[Corn Cracker]

Well, damn. It sounds like this is geared more towards the location of the running still for profit not the citizens rights to legally distill spirits at home on a hobby level

[Pure Old Possum Piss]

Any news this morning?

[contrahead]

Think I just park this story here; with other topics of legality. It's off topic, but not by much. There was a thread (that I can not locate at present) involving the topic of curtilage, private property and just how far officials can intrude upon your space. This news story that I am about to link to mentions the “Open Fields doctrine” which allows intrusion right up to line of curtilage.

His Land Was His Sanctuary – Until Government Agents Showed Up With Hidden Cameras and No Warrant
https://townhall.com/tipsheet/jeff-char ... e-n2662996

[Corn Cracker]

Our U.S government is so fkn corrupt, here in Texas, the game warden is the only agency that does not need a warrant if your suspected of having illegal fish and or game in you boat, vehicle or freezer at the house

[Yummyrum]

……the game warden is the only agency that does not need a warrant if your suspected of having illegal fish and or game in you boat, vehicle or freezer at the house

Good thing he don’t give a rats arse about Still’n

Seriously though , please can we keep the political views aside .

[coppercreature]

looks like we won the appeal in the fifth circuit!
A U.S. appeals court ruled on April 10, 2026, that the 158-year-old federal ban on home distilling is unconstitutional, marking a major victory for hobbyists. The 5th U.S. Circuit Court of Appeals found the ban improper under Congress's taxing power, supporting the Hobby Distillers Association's fight against the 1868 law
https://www.ca5.uscourts.gov/opinions/p ... 60-CV0.pdf

[Prole]

NOLA too -- Glad to report that the 5th circuit court in New Orleans has declared unconstitutional s nearly 158 year old ban on home distilling ruling in favor o0r the nonprofit Hobby Distillers Association!

[sadie33]

WOOO HOOOO! Congrats to everyone in the USA (sorry to those who aren't). Maybe someday it will be legal everywhere!! I thought that with NH making it legal we would have more suppliers come in, haven't seen anything new.

[PalCabral]

WOOO HOOOO! Congrats to everyone in the USA (sorry to those who aren't). Maybe someday it will be legal everywhere!! I thought that with NH making it legal we would have more suppliers come in, haven't seen anything new.

I am one of those, Sadie, but I am still very happy for US home distillers and I hope your success can be a guiding star when it comes to opening up laws also in other countries. And it's great that the US shows a positive side again! Even the sternest supporter of the US is facing tough head winds these days...