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Author Topic: US appeals court declares 158-year-old home distilling ban unconstitutional  (Read 224 times)

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Offline Elderberry

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US appeals court declares 158-year-old home distilling ban unconstitutional
« on: April 11, 2026, 04:16:29 pm »
Yahoo News By Jonathan Stempel 4/10/2026

 A U.S. appeals court on Friday declared unconstitutional a nearly 158-year-old federal ban on home distilling, calling it an unnecessary ‌and improper means for Congress to exercise its power to tax.

The 5th ‌U.S. Circuit Court of Appeals in New Orleans ruled in favor of the nonprofit Hobby Distillers Association and ​four of its 1,300 members.

They argued that people should be free to distill spirits at home, whether as a hobby or for personal consumption including, in one instance, to create an apple-pie-vodka recipe.

The ban was part of a law passed during Reconstruction in July 1868, in ‌part to thwart liquor tax ⁠evasion, and subjected violators to up to five years in prison and a $10,000 fine.

More: https://www.yahoo.com/news/articles/us-appeals-court-declares-158-215414047.html
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Offline Free Vulcan

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Re: US appeals court declares 158-year-old home distilling ban unconstitutional
« Reply #1 on: April 11, 2026, 04:23:26 pm »
In farm country we often got plenty of product to ferment, from fruits to grains to flowers, so I'm happy to see this restriction ended.
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Offline verga

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Re: US appeals court declares 158-year-old home distilling ban unconstitutional
« Reply #2 on: April 12, 2026, 06:07:33 am »
So it was legal to make wine, but not distill "Hard Liquor".
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Offline Timber Rattler

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Re: US appeals court declares 158-year-old home distilling ban unconstitutional
« Reply #3 on: April 12, 2026, 07:32:14 am »
Yeah.

You wouldn't believe how many antiquated laws are still on the books from the Prohibition era and before (like in this case) that are now totally unconstitutional but yet remain because they generate state revenue, and the State Legislatures are too busy playing politics to do their jobs and repeal them.
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Offline Elderberry

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Re: US appeals court declares 158-year-old home distilling ban unconstitutional
« Reply #4 on: April 12, 2026, 07:39:43 am »
 "Revenuers" were agents of the Bureau of Alcohol, Tobacco, and Firearms (ATF) or its predecessors, often associated with the IRS, tasked with finding and destroying illegal moonshine stills.
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Offline escapeefromtaxachusetts

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Re: US appeals court declares 158-year-old home distilling ban unconstitutional
« Reply #5 on: April 12, 2026, 08:33:30 am »
mea culpa, I am still ( no pun intended) trying to figure out how my kids were able to buy me a bathtub gin kit a few years ago for Father's day.
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Offline Elderberry

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Re: US appeals court declares 158-year-old home distilling ban unconstitutional
« Reply #6 on: April 12, 2026, 09:46:08 am »
Quote from: escapeefromtaxachusetts on April 12, 2026, 08:33:30 am
mea culpa, I am still ( no pun intended) trying to figure out how my kids were able to buy me a bathtub gin kit a few years ago for Father's day.

Bathtub gin kits are legal, provided they are used to infuse, rather than distill, alcohol. The kits, which typically include botanicals and juniper berries, are legal because they operate by infusing pre-bought vodka rather than fermenting or distilling spirits at home, which requires a license.
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Offline Bigun

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Re: US appeals court declares 158-year-old home distilling ban unconstitutional
« Reply #7 on: April 12, 2026, 09:53:05 am »
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Offline escapeefromtaxachusetts

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Re: US appeals court declares 158-year-old home distilling ban unconstitutional
« Reply #8 on: April 12, 2026, 10:55:50 am »
Quote from: Elderberry on April 12, 2026, 09:46:08 am
Bathtub gin kits are legal, provided they are used to infuse, rather than distill, alcohol. The kits, which typically include botanicals and juniper berries, are legal because they operate by infusing pre-bought vodka rather than fermenting or distilling spirits at home, which requires a license.
Thanks, it turned out okay, not as good as Tanqueray or Bombay but still pretty good for home brew.......
Kept thinking of the old Hank Jr. song, Country boy can survive..."we make our own wine"
Have a few friends who make their own peach wine..... good stuff. Had a conference and eight us finished a case of 12 in one night......
paid the price the next day as I'm not as young as I used to be...
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