Could this even make booze?

[Mr Evilwrench]

Wow, that's worse than I'd known.

 

[CountryBoy19]

In the article linked in the OP- the "purpose" is pretty easy to prove....it was right in the ad.

Not hardly... re-read the IC you quoted above, and then tell me how this

Excise police Cpl. Brandon Thomas says the man posted an online advertisement in which he described the still as the perfect gift for the family drunk

shows that the seller had the still for the making or distilling of liquor. Implying it is a good gift for a drunk doens't automatically mean that distilling alcohol was the PURPOSE of the still. I think this guy needs a good lawyer and he'll walk easy...

a couple of bushels of corn,

That's for the chickens

wheat,

I bake my own bread and the best flour comes from fresh-ground wheat (that explains the wheat grinder too)

potatoes or

Who doesn't have potatoes at their house???

FWIW, I'm not trying to argue with you, just point out how asinine this whole thing is... I hope the guy walks...

 

[warthog]

I don't have any taters. Ned to go to the store.

 

[CHCRandy]

Country boy pretty much covered my thoughts. I seen in the ad where it said the perfect gift for the family drunk...which made me think novelty item(Of course I thought it needed a cooler barrel for the worm, which is why I asked my initial question). I can also see where there is more to this arrest then what we are reading.....I imagine the undercover asked certain questions before buying that may incriminate the accused. Let's assume the undercover contacted him about the ad and asked him could it function for making brew, and can you show me how to do it....the seller says, yeah sure, I would say at that point he is in trouble.

Now how about that site I posted that sells stills...how is that legal or is it?

 

[1911ly]

This guy has intent written all over his forehead. That's what got him arrested. He was selling it as a purposeful device. That's his biggest issue. Whether it worked or not is probably not as relevant.

 

[CountryBoy19]

This guy has intent written all over his forehead. That's what got him arrested. He was selling it as a purposeful device. That's his biggest issue. Whether it worked or not is probably not as relevant.

I couldn't find the online ad in question, it seems you were able to successfully find it, can you provide the rest of us a link?

 

[1911ly]

I couldn't find the online ad in question, it seems you were able to successfully find it, can you provide the rest of us a link?

Did you read the article in the OP's first thread?

Quote from the article :

Excise police Cpl. Brandon Thomas says the man posted an online advertisement in which he described the still as the perfect gift for the family drunk. Officers responded to the ad and arranged the meeting.

Pretty clear what he was selling it for.

 

[HoughMade]

Not hardly... re-read the IC you quoted above, and then tell me how this shows that the seller had the still for the making or distilling of liquor. Implying it is a good gift for a drunk doens't automatically mean that distilling alcohol was the PURPOSE of the still. I think this guy needs a good lawyer and he'll walk easy...

That's for the chickens

I bake my own bread and the best flour comes from fresh-ground wheat (that explains the wheat grinder too)

Who doesn't have potatoes at their house???

FWIW, I'm not trying to argue with you, just point out how asinine this whole thing is... I hope the guy walks...

So the still is for the family "drunk" and it has nothing to do with alcohol?

How much time have you spent in front of juries....and what do you think evidence is?

Make all the arguments you want, but it looks like a still, was advertised as a gift for someone who likes alcohol....honestly, that's an easy case.

As for the other things- let me introduce you to a little thing that results in the vast majority of criminal convictions- it's called "circumstantial evidence". One of those things alone...probably not, still, plus grain (no chickens) plus instructions or one dumb relative or a facebook post, and there you go. There are a bunch of guys sitting in prison who had similar explanations.

 

[CountryBoy19]

Did you read the article in the OP's first thread?

Quote from the article :

Pretty clear what he was selling it for.

Did you read ANY of the thread that you're posting in? That comment doesn't make it clear that it was in violation of the law. The legal code is posted above, we are currently discussing this in the thread...

 

[CountryBoy19]

So the still is for the family "drunk" and it has nothing to do with alcohol?

How much time have you spent in front of juries....and what do you think evidence is?

Make all the arguments you want, but it looks like a still, was advertised as a gift for someone who likes alcohol....honestly, that's an easy case.

As for the other things- let me introduce you to a little thing that results in the vast majority of criminal convictions- it's called "circumstantial evidence". There are a bunch of guys sitting in prison who had similar explanations.

I didn't say it didn't have anything to do with alcohol. But the legal code is fairly specific in that it is illegal if it IS USED for that purpose. Saying it would be a good gift for a drunk DOES NOT make it so that it was used, or is to be used for that purpose. If the buyer desires to use it for that purpose, it shouldn't be on the seller...

No I haven't spent much time in front of juries but if that's the way our legal system really works (where rent-a-police, aka exise police can make up some pretty far-fetched BS and score a conviction) it's bull****...

Of course, there could always be more to the story and they had legit reasons for the arrest. But what was said in the ad (I'm guessing that's the best thing they had to go on and that's why it was mentioned in the news article) was, IMHO, not enough to convict by itself...

 

[HoughMade]

It is illegal if you possess an apparatus for distilling alcohol. It says nothing about actually having to have used it for that purpose.

A still distills- so distilling apparatus? Check.

For distilling alcohol- this is where the circumstantial evidence such as having books about distilling alcohol or internet searches or some such come in.

Never used it for that? Who cares? That is what that still is for.

 

[indyblue]

You are allowed to distill fuel alcohol though.

Home Distillation of Alcohol (Homemade Alcohol to Drink)

1. Americans can own a still, but it must be no larger than 1 gallon, and may only be used for water purification or the extraction of essential oils from plants.
2.Dealers/manufacturers of stills in the United States must surrender any address or other info on any customer who buys a still to the BATF, when they request it.(no warrant is required.)

What this means is that anyone who buys a still in America can at any time expect a knock at the door and a man with a badge demanding to see what is being done with the still they bought. How this effects the companies seen advertising 5 gallon stills for use as a water purifier, was not listed, nor is there any info on solar stills. It is probably VERY illegal to import a still too.

If you're trying the angle of making alcohol as a fuel (yes, this is legal!), see http://webconx.green-trust.org Steve Spence's site for all the details.

Whats the cost of doing it right ? Don advises ...

• State (varies from $75-$3,150 per year) & a Federal license ($500 per year) plus State & Fed. production taxes. Registration of all supplies, suppliers, formulas (Subject to classification and approval) and label reg. (Subject to classification and approval). More paperwork than money. If you already have a brewery or winery (bonded premisis) an "alternation of premisis" may be obtained to operate a distillery (with the additional license) on site. Well worth the trouble, because there is still room at the top.

Pop advises: How to obtain an alcohol fuel permit in the US. Here are some basic guidelines to get you started.

For fed. rules and regs. Go to Electronic Code of Federal Regulations.

In the browse box, select "title 27"
Where it says "browse parts" click on the numbers "1-199"
Scroll down to "part 19" (Distilled spirits plant)and click on the numbers "19.1 to 19.1010"
You are only interested in "subpart Y" (Distilled spirits for fuel)

If you just want to produce fuel for personal use, and to be used on your own property, you aren't subject to bonds, taxes, and denaturing your product unless it is removed from the premises.

I wonder if putting into your tank and driving away counts as "removed from the premises".

 

[1911ly]

Did you read ANY of the thread that you're posting in? That comment doesn't make it clear that it was in violation of the law. The legal code is posted above, we are currently discussing this in the thread...

I guess I am just good at reading between the lines then

 

[PistolBob]

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.

Relaxing the restrictions on home made beer and wine was the best thing the Jimmy Carter administration ever did.

 

[PistolBob]

You can apply and get a certificate from the US Treasury Department to own and operate a alcohol still for the purpose of manufacturing alcohol based fuels for your farm equipment, and vehicles. Perfectly legal.

It just costs money.

 

[Trigger Time]

Put me on the jury. It's called jury nullification.

 

[singlestacksig]

you can own & operate a still for plant oils also.. Mint, blackberry , ect..

 

[CountryBoy19]

It is illegal if you possess an apparatus for distilling alcohol. It says nothing about actually having to have used it for that purpose.

A still distills- so distilling apparatus? Check.

For distilling alcohol- this is where the circumstantial evidence such as having books about distilling alcohol or internet searches or some such come in.

Never used it for that? Who cares? That is what that still is for.

As discussed up-thread, and now down-thread, there is NOTHING illegal about owning a still. It is THE ACT OF USING IT TO DISTILL LIQUOR that is illegal, or rather, owning it for the purpose/intent to do that.

Regarding the circumstantial evidence, I didn't realize they found any books about distilling liquor on him. Where did you find that info?

 

[findingZzero]

People don't make booze, yeast does. Free the Yeast!

 

[JettaKnight]

"(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."

Never used it for that? Who cares? That is what that still is for.

As discussed up-thread, and now down-thread, there is NOTHING illegal about owning a still. It is THE ACT OF USING IT TO DISTILL LIQUOR that is illegal, or rather, owning it for the purpose/intent to do that.

This thread has just reached comical proportions.

All of this talk about, "it for fuel usage" and, "It's decorative" smacks of the same arguments about "solvent traps" for attaching an oil filter on the end of a gun barrel.