I can't believe they arrested him for this.......
Police bust man for trying to sell liquor still online - TheIndyChannel.com
Police bust man for trying to sell liquor still online - TheIndyChannel.com
I wonder if he would have sold/listed it as a "decoration" or the like if it would still be frowned upon?
Why are these illegal?
(a) It is a Class C misdemeanor for a person to knowingly own, have in the person's possession or under the person's control, or use a still or distilling apparatus for the manufacture of liquor, except as otherwise provided in this title.
(b) It is a Class C misdemeanor for a person to knowingly own, have in the person's possession or under the person's control, or use brewing or wine-making apparatus, for the manufacture for commercial purposes of beer or wine, except as otherwise provided in this title.
You are allowed to make a but for personal use or any sort of alcoholic beverage, as long as you don't go over this or try to sell any of it you are fine. The amount of stuff you have on hand can get you into trouble too. More than you can possibly make for yourself legally in a year is not allowed. Likely these people had far more than they were able to say was for personal use legally and got arrested for it. You can sell the equipment and essentials to make ber, wine or distilled alcohol if you are taxed for the product like any other business so they can sell the stuff w/o problem.
Unless it is otherwise per state law.
You are free to make wine and beer for personal use. Distilled spirits cannot be made, even if its just for personal use .
Which really doesnt make sense to me.... You can make beer or wine, and you can drink a distilled spirit, but its illegal to process it from one form to the other (without major hurdles). Look what happened to the beer industry once home brewing became legal and all the micro brews. I just wish something similar happens with distilled spirits in the future.
Ok, so it's illegal to possess equipment for the purpose of making or distilling liquor. That doesn't mean distillation equipment is illegal to possess. It means it's illegal to possess it for that purpose. How do they prove it was for that purpose? How does the accused dis-prove it was for that purpose?
Coming from an engineering and science background I can think of a NUMBER of things I could use a distillation setup for in the home. Would possessing one get me nailed on charges like this?
Or was it just the "wording" this guy used in his ad that got him in hot water?
Ok, so it's illegal to possess equipment for the purpose of making or distilling liquor. That doesn't mean distillation equipment is illegal to possess. It means it's illegal to possess it for that purpose. How do they prove it was for that purpose? How does the accused dis-prove it was for that purpose?
Coming from an engineering and science background I can think of a NUMBER of things I could use a distillation setup for in the home. Would possessing one get me nailed on charges like this?
Or was it just the "wording" this guy used in his ad that got him in hot water?
I doubt it would be specifically illegal to possess, unless they did something like that "possession with the intent to distribute" thing they do with drugs, but actually distilling ethanol for the purpose of consumption is called a bad thing. It's all about the proof-gallon tax, though, ultimately. There's a really great place for a still in my neighborhood, right next to a creek and all. I'm not saying I'd set one up, though.