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Old 12-09-2009, 09:47 AM
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Default home made liquor

Got into this discussion over the weekend. Some said you can legally make a small amout of liquor for your own personal use,but that you can not sell it. The other side said it is illegal to operate a distiller device period. What does the law read?
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Old 12-09-2009, 09:48 AM
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no, only beer and wine.
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Old 12-09-2009, 10:04 AM
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where can i look up the exact law as it is written ?
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Old 12-09-2009, 10:22 AM
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Originally Posted by dpoole View Post
where can i look up the exact law as it is written ?
Not sure, somebody will come along with that info.

Check out this thread
http://forum.gon.com/showthread.php?...ghlight=liquor
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Old 12-09-2009, 10:25 AM
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I believe you have to have a license for a still for distilling alcohol, beer and wine are made in different process.
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Old 12-09-2009, 12:17 PM
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You have to have a license, and pay both state and federal taxes on distilled alcohol.

It's illegal to even possess a still without the appropriate tax stamps.

There are several layers of laws involved. Reason most still busters were called "revenooers" is because illegal whiskey making was pursued as a tax matter.

You can get a special permit from the feds to distill ethanol for fuel so that you don't have to pay the excise taxes.

On the other hand, it's perfectly legal to distill water, for say your radiator (wink, wink).
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Old 12-09-2009, 09:23 PM
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Yep, it's perfectly legal to own a "distiller" for distilling water or essential oils. Check out www.brewhaus.com. You can order a still to your door with all the accouterments completely legally. It's a lot like the fancy bongs you see for sell at smoke shops for "tobacco smoking."

It is a violation of federal law to distill any alcohol spirits though.
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Old 12-10-2009, 06:21 AM
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You can make your own liqour for home consumption. Up to just a few gallons a year. The only illegal factor is , you can not sale the liquor! If you have a 10 gallon still and make just for you you will be fine. Dont get caught with it in your car or having more than 2 or 3 galons stored up.
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Old 12-10-2009, 09:09 AM
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no one knows how to look up what the law says ???????
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Old 12-10-2009, 09:18 AM
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ß 5601. Criminal penalties
(a) Offenses
Any person who—
(1) Unregistered stills
has in his possession or custody, or under his control, any still or distilling apparatus set up which is not registered, as required by section 5179 (a); or
(2) Failure to file application
engages in the business of a distiller or processor without having filed application for and received notice of registration, as required by section 5171 (c); or
(3) False or fraudulent application
engages, or intends to engage, in the business of distiller, warehouseman, or processor of distilled spirits, and files a false or fraudulent application under section 5171; or
(4) Failure or refusal of distiller, warehouseman, or processor to give bond
carries on the business of a distiller, warehouseman, or processor without having given bond as required by law; or
(5) False, forged, or fraudulent bond
engages, or intends to engage, in the business of distiller, warehouseman, or processor of distilled spirits, and gives any false, forged, or fraudulent bond, under subchapter B; or
(6) Distilling on prohibited premises
uses, or possesses with intent to use, any still, boiler, or other utensil for the purpose of producing distilled spirits, or aids or assists therein, or causes or procures the same to be done, in any dwelling house, or in any shed, yard, or inclosure connected with such dwelling house (except as authorized under section 5178 (a)(1)(C)), or on board any vessel or boat, or on any premises where beer or wine is made or produced, or where liquors of any description are retailed, or on premises where any other business is carried on (except when authorized under section 5178 (b)); or
(7) Unlawful production, removal, or use of material fit for production of distilled spirits
except as otherwise provided in this chapter, makes or ferments mash, wort, or wash, fit for distillation or for the production of distilled spirits, in any building or on any premises other than the designated premises of a distilled spirits plant lawfully qualified to produce distilled spirits, or removes, without authorization by the Secretary, any mash, wort, or wash, so made or fermented, from the designated premises of such lawfully qualified plant before being distilled
; or
(8) Unlawful production of distilled spirits
not being a distiller authorized by law to produce distilled spirits, produces distilled spirits by distillation or any other process from any mash, wort, wash, or other material; or
(9) Unauthorized use of distilled spirits in manufacturing processes
except as otherwise provided in this chapter, uses distilled spirits in any process of manufacture unless such spirits—
(A) have been produced in the United States by a distiller authorized by law to produce distilled spirits and withdrawn in compliance with law; or
(B) have been imported (or otherwise brought into the United States) and withdrawn in compliance with law; or
(10) Unlawful processing
engages in or carries on the business of a processor—
(A) with intent to defraud the United States of any tax on the distilled spirits processed by him; or
(B) with intent to aid, abet, or assist any person or persons in defrauding the United States of the tax on any distilled spirits; or
(11) Unlawful purchase, receipt, or processing of distilled spirits
purchases, receives, or processes any distilled spirits, knowing or having reasonable grounds to believe that any tax due on such spirits has not been paid or determined as required by law
; or
(12) Unlawful removal or concealment of distilled spirits
removes, other than as authorized by law, any distilled spirits on which the tax has not been paid or determined, from the place of manufacture or storage, or from any instrument of transportation, or conceals spirits so removed; or
(13) Creation of fictitious proof
adds, or causes to be added, any ingredient or substance (other than ingredients or substances authorized by law to be added) to any distilled spirits before the tax is paid thereon, or determined as provided by law, for the purpose of creating fictitious proof; or
(14) Distilling after notice of suspension
after the time fixed in the notice given under section 5221 (a) to suspend operations as a distiller, carries on the business of a distiller on the premises covered by the notice of suspension, or has mash, wort, or beer on such premises, or on any premises connected therewith, or has in his possession or under his control any mash, wort, or beer, with intent to distill the same on such premises; or
(15) Unauthorized withdrawal, use, sale, or distribution of distilled spirits for fuel use
Withdraws,[1] uses, sells, or otherwise disposes of distilled spirits produced under section 5181 for other than fuel use;
shall be fined not more than $10,000, or imprisoned not more than 5 years, or both, for each such offense.
(b) Presumptions
Whenever on trial for violation of subsection (a)(4) the defendant is shown to have been at the site or place where, and at the time when, the business of a distiller or processor was so engaged in or carried on, such presence of the defendant shall be deemed sufficient evidence to authorize conviction, unless the defendant explains such presence to the satisfaction of the jury (or of the court when tried without jury).
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Last edited by mickbear; 12-10-2009 at 02:49 PM.
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  #11  
Old 12-10-2009, 09:57 AM
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Quote:
Originally Posted by skiff23 View Post
You can make your own liqour for home consumption. Up to just a few gallons a year. The only illegal factor is , you can not sale the liquor! If you have a 10 gallon still and make just for you you will be fine. Dont get caught with it in your car or having more than 2 or 3 galons stored up.
Unfortunately you're wrong. It is completely illegal to distill spirits, per federal law.
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Old 12-10-2009, 01:49 PM
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Still haven't seen anybody post the exact wording of this alleged law.
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Old 12-10-2009, 05:54 PM
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Hey Dave, go up to post #10. Pretty self explanatory.
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Old 12-10-2009, 09:18 PM
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its simple....keep your mouth shut. The only reason that law was enacted was becuase it is so hard to tax corn liquor.
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Old 12-10-2009, 11:27 PM
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Quote:
Originally Posted by 12gamag View Post
its simple....keep your mouth shut. The only reason that law was enacted was becuase it is so hard to tax corn liquor.
EXACTLY, it ain't about the booze, it's about greedy Uncle Sam collecting his sin tax. I know several folks who run straight pot stills and one even with a thump keg. Just lay low, keep quiet, and clean up after the last drop breaks the worm. Chances of getting caught are slim to none if you zip your lip. Keep your still small 15-25 gallons for wood firebox type or 10-15 for gas, unless you can put it in a hot box. It'll cook off at 170. Heat too fast and too hot and your gonna get burp-up and ruin the whole batch.
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Old 12-11-2009, 04:40 PM
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I just ordered a still on E-Bay. $275 out the door. Gonna be giving it a shot soon . I,ll be drunk when the Feds bust down the door.
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Old 12-11-2009, 06:55 PM
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Watched a thing about HillBillies on the History Channel & they said you can make up 15 gallons a year for your self.
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Old 12-12-2009, 07:17 AM
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Here is a link for you.

It is in Title 26 US code

http://www.law.cornell.edu/uscode/26/5601.shtml
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Old 12-12-2009, 11:36 AM
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Quote:
Originally Posted by Capt Quirk View Post
Hey Dave, go up to post #10. Pretty self explanatory.
"I see," said the blind man. I tend to scroll right on by those long posts.
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Old 12-15-2009, 10:53 AM
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Quote:
Originally Posted by swamp hunter View Post
I just ordered a still on E-Bay. $275 out the door. Gonna be giving it a shot soon . I,ll be drunk when the Feds bust down the door.
Let us know how it turns out. It can be by PM of course.
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  #21  
Old 12-15-2009, 07:31 PM
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Quote:
Originally Posted by crackerdave View Post
Still haven't seen anybody post the exact wording of this alleged law.
https://etax.dor.ga.gov/BusTax_Alcohol.aspx?number=1

http://www.lexis-nexis.com/hottopics/gacode/default.asp


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