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Home Brew Forums > Home Brewing Beer > General Beer Discussion > Alabama Homebrewer Arrested
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Old 09-04-2010, 05:50 AM   #41
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Not to meniton that I wouldn't publish pictures of myself violating the law unless I was wanting to get busted so I could try to challange the law in court or something.
Exactly. For example, my Dad is hobby fisherman in SW FL and fishes in the gulf for personal consumption (not a commercial fisherman). He's on some online fishing forums, and has seen people get busted by FWC who post pics of their catch and have fish that are either out of season or undersized.

I personally think those laws should apply to commercial fisherman only, not individuals (they can't find where 5M barrels of oil went, but can tell the population of each species of fish?). But, it is still the law, and until changed, you are asking for trouble if you post pictures of you breaking the law.
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Old 09-04-2010, 06:05 AM   #42
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HOLD ON ONE SECOND HERE:
The main issue I am seeing here is thatFederal Law supersedes all state laws as every individual state is part of the federal government. That's just how the system works:
If a state law is in conflict with a federal law, the federal law overpowers the state law. In this instance, when Carter made it legal to homebrew in the United States of America, any law that previously stated that it was illegal was made null and void.

This is basic knowledge of government workings here. So, with that in mind, this man is 100% innocent of his "crimes" in homebrewing beer.

If he had in fact distilled, however, he could face penalties as distilling is indeed illegal. For that, as stupid as it is, he is guilty all be it on THAT CHARGE ALONE and not in any way, shape, or form of homebrewing.

This needs to be seriously examined more closely...

Stupid Alabama old prickface sherrif in that picture needs to get his clock cleaned for turning something relatively harmless into a massacre of RIGHTS of the US Citizen.

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Old 09-04-2010, 06:12 AM   #43
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Originally Posted by pwndabear View Post
HOLD ON ONE SECOND HERE:
The main issue I am seeing here is thatFederal Law supersedes all state laws as every individual state is part of the federal government. That's just how the system works:
If a state law is in conflict with a federal law, the federal law overpowers the state law.
I suppose it all depends on your interpretation of the 10th amendment.
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Old 09-04-2010, 06:14 AM   #44
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I suppose it all depends on your interpretation of the 10th amendment.
Constitutional Law is absolutely first, followed by Federal law, then state, and finally local laws..

*edit* ah. gotcha. im not gonna make a new post to respond to your next one. that'd just be silly.
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Old 09-04-2010, 06:16 AM   #45
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Constitutional Law is absolutely first, followed by Federal law, then state, and finally local laws.
Right, which is what I'm getting at.
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Old 09-04-2010, 06:23 AM   #46
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First things first:
Just because you don't like a law doesn't mean its not the law. All those jackasses trying to justify stealing music via P2P downloading are a prime example. If you don't like it, get it changed. Until you do, you are a criminal.
Second:
Just because a guy signs up for military duty and somehow gets shipped off to somewhere does not absolve him of crimes he might commit when he gets back.
Finally:
You don't know the circumstances surrounding this so it would be wise to refrain from judgement of the perp or the law. Period.

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Old 09-04-2010, 06:45 AM   #47
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Here is where the law stands in Alabama on homebrewing alcohol.
You are allowed to make 5 gallons of wine a year if you own property that sells fruit commercially. PERIOD.
But, Federal law does supercede states law. Look at all of the cases in California where DEA (part of the federal gov) agents bust legal marijuana grow operations or medical "distributors". This is perfectly legal by California state law. But it is superceded by the DEA's federal law.
Even if the ethanol was for farm equipment, it is still a distilled spirit. If they can prove he distilled it, he is still guilty on that charge. Otherwise, he should fight untill it goes to a national court and win because of what I just stated.

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Old 09-04-2010, 06:50 AM   #48
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Right, which is what I'm getting at.
Just to clarify, federal law was changed to eliminate taxation on homebrew for personal use. It doesn't say homebrewing is legal in every state in the union... it leaves that up to the states. From homebrewersassociation.org:

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The 21st Amendment predominantly leaves regulation of alcohol to the states. Thus, even though homebrewing is federally legal, it is still up to individual states to legalize homebrewing in state codes. The vast majority of states have legalized homebrewing, though laws regarding homebrewing vary widely.
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Old 09-04-2010, 06:57 AM   #49
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Just to clarify, federal law was changed to eliminate taxation on homebrew for personal use. It doesn't say homebrewing is legal in every state in the union... it leaves that up to the states. From homebrewersassociation.org:
well that takes care of that.
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Old 09-04-2010, 07:05 AM   #50
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Any one ever think he traded a buddy some Beer for some Moon shine?

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