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Re: Weighing the Legal Risks
Posted: Thu Oct 25, 2012 3:03 pm
by rhumbum
I'm in the UK and while distilling is illegal here, the law isn't as severe as what you guys potentially face in the US. Here it is a non-inprisonable offence much like speeding. You won't go directly to prison for distilling, only for refusing to pay the resulting fine.
There is the de jure situation - that is the letter of the law, and then there is the de facto situation which is usually another thing altogether, especially when it comes to lost causes like the war on drugs or 'sin taxes' that are so high that the black market takes over. The situation I see home distilation as being in is one where you have to be actively foolish to bring the law down on top of you, at least where I live.
Like everything in life there are risks, and that is all there is to it. If you are thinking that the potential consequences of your actions are something you cannot live with then you shouldn't do it. The law and morality are not the same thing but somewhere along the way most of us have been taught to equate the two, which can lead to some unnecessary paranoia, ie; consiously or subconsiously believing that distilling alcohol is 'wrong' rather than just being something that comes with specific physical/legal/social risks that can be mitigated by knowing what you are doing and being discrete about it.
Re: Weighing the Legal Risks
Posted: Fri Oct 26, 2012 9:19 am
by OCDistiller
If I didn't hear this straight from one of the moderators I'd think it was paranoid foolishness, but apparently this site is monitored by law enforcement. To what degree I don't know, but I was informed of this by a moderator in relation to posts that give away any personal information.
Did the rest of you already know this?
Re: Weighing the Legal Risks
Posted: Fri Oct 26, 2012 9:34 am
by Durace11
srbutler75 wrote:If I didn't hear this straight from one of the moderators I'd think it was paranoid foolishness, but apparently this site is monitored by law enforcement. To what degree I don't know, but I was informed of this by a moderator in relation to posts that give away any personal information.
Did the rest of you already know this?
It's kind of a given that if you are posting information on a public forum that law enforcement has access to information you are posting. Just like but not exactly like if you posted pictures/videos of you distilling on your facebook page. They may not be specifically looking for you but if they see something specific they can certainly track you down. Such as, geo-tagging on pictures, if your picture has your location on it it's like taking a pic with your house address or car license plate in the pic. You are asking for someone to pay you a visit.
I think it's also been said that law enforcement is not going way out of their way to track people down because the funding isn't there for them to be travelling all over the country for a guy producing a liter a week of personal use alcohol. Now if you posted you were producing gallons a week and making a killing off the profits from selling it to the kids at the local middle school you would probably get a little more attention then most.
Just be paranoid enough to keep it under your hat but not enough to black out all the windows and go underground. FYI, you don't have to be a member to read these forums, you can just read them and never sign on or even register & never post anything so it's quite possible someone(law enforcement or not) is just reading everything and would never be noticed without a through search.
Re: Weighing the Legal Risks
Posted: Fri Oct 26, 2012 10:48 am
by rubber duck
One thing to think about. If federal law enforcement was really interested in spending the time and resources to bust a hobby distiller they already have enough info to nail some pretty heavy posters. If they're not interested in a forum administrator they're probably not interested in you.
Re: Weighing the Legal Risks
Posted: Fri Oct 26, 2012 11:21 am
by OCDistiller
Rubberduck: good point
Re: Weighing the Legal Risks
Posted: Fri Oct 26, 2012 12:09 pm
by OCDistiller
Name change was in order
Re: Weighing the Legal Risks
Posted: Fri Oct 26, 2012 2:49 pm
by Braz
OCDistiller wrote:Name change was in order
Ha! I like your sense of humor.
Re: Weighing the Legal Risks
Posted: Fri Oct 26, 2012 3:32 pm
by whiskeytripping
You would have to have some pretty big kahunas to sell your whiskey. Personally I don't think they are looking at small craft distillers. After seeing how they produce it on these shows, I'm not sure if I would ever drink anything that wasn't commercially (or made myself). And not to mention, as everyone knows it is ALOT of work to make a small batch of drink anyways. I don't see how anyone would have enough time to make much more anyways with as much time as it takes. And let's be honest, if your selling whiskey, you probably need to be busted
Re: Weighing the Legal Risks
Posted: Fri Oct 26, 2012 6:38 pm
by Fastill
Cops want to bust home distillers around here alot of the workforce would be in jail!! And they would be busting friends and friends parents. Heavy with ethnic group that distills wines that didn't turn out so well.
Local brewstore doesn't carry stills but you can order one. They have everything else you need.
As long as my stuff stays with me and my friends, I have very little fear of legal problems.
Re: Weighing the Legal Risks
Posted: Fri Oct 26, 2012 7:05 pm
by Prairiepiss
Braz wrote:OCDistiller wrote:Name change was in order
Ha! I like your sense of humor.
+1
Re: Weighing the Legal Risks
Posted: Fri Oct 26, 2012 10:49 pm
by OCDistiller
Thank you. Thank you. *taking bow"
Re: Weighing the Legal Risks
Posted: Sat Oct 27, 2012 5:27 am
by WalkingWolf
OCDistiller wrote: OCDistiller
That's funny -- are we to ascertain you now acknowledge this trait? (this hobby can be quite enlightening)
Re: Weighing the Legal Risks
Posted: Sat Oct 27, 2012 5:52 am
by Prairiepiss
So OCD have you decided to move forward in this great hobby?
Re: Weighing the Legal Risks
Posted: Sat Oct 27, 2012 8:02 am
by Hawk_
OCDistiller wrote:That sounds like a good way to do it. I'm looking at the short, fat 375 ml bottles from Tuthilltown Spririts that might do the trick. 2.50 each is a pretty good price too.
Might even get fancy and dip the tops in wax.
Ive been looking for bottles like this but I cant find them. Specialty bottle has some cool 250ml bottles though.
Re: Weighing the Legal Risks
Posted: Sat Oct 27, 2012 2:47 pm
by Bayou-Ruler
HawkingRage wrote:OCDistiller wrote:That sounds like a good way to do it. I'm looking at the short, fat 375 ml bottles from Tuthilltown Spririts that might do the trick. 2.50 each is a pretty good price too.
Might even get fancy and dip the tops in wax.
Ive been looking for bottles like this but I cant find them. Specialty bottle has some cool 250ml bottles though.
Brewhaus has 375ml bottles 12per case for $9.95 but there not short and fat
http://www.brewhaus.com/375ml-Liquor-Bo ... 97C93.aspx" onclick="window.open(this.href);return false;" rel="nofollow