Alabama Homebrewer Arrested

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Meh, so back on topic...

I'm sure it is in this thread somewhere, but what exactly is the Alabama law on homebrewing? I've read it is federally legal and was under the impression that federal law trumps state. But "Alabama state statue § 28-1-1 prohibits the possession of illegally manufactured alcoholic beverages."

So, does anyone else from Alabama have any legal experiance to really know how strictly this is enfourced, etc, etc. Just curious, I don't need the cops checking a home invasion and throw me in jail for my homebrew.
 
Meh, so back on topic...

I'm sure it is in this thread somewhere, but what exactly is the Alabama law on homebrewing? I've read it is federally legal and was under the impression that federal law trumps state. But "Alabama state statue § 28-1-1 prohibits the possession of illegally manufactured alcoholic beverages."

So, does anyone else from Alabama have any legal experiance to really know how strictly this is enfourced, etc, etc. Just curious, I don't need the cops checking a home invasion and throw me in jail for my homebrew.

I think the federal law only addresses the maximum amount that a homebrewer can produce per year.. It leaves the legality of doing it at all to the states... (as it should be.. the feds should not address the issue 'in any way')..
 
I think "aggressive political correctness" is one of the biggest things wrong with our country.

This is the single thing that will destroy us (like the Romans, from within).. It is the numero uno biggest threat to our future.. It completely paralyzes us from even discussing problems, much less doing anything about them...

And for those who wield it as a tool of discourse, beating others over the head with it when they run out of answers/ideas in a discussion/debate, I think they are perfectly happy with that... as it's becoming increasingly obvious that their intent is to completely tear this country down and rebuild it according to 'their' ideology/vision... (even when it's not obvious to those who do it)

When I was a little kid, "The emperor has no clothes" was required reading...
 
Meh, so back on topic...

I'm sure it is in this thread somewhere, but what exactly is the Alabama law on homebrewing? I've read it is federally legal and was under the impression that federal law trumps state. But "Alabama state statue § 28-1-1 prohibits the possession of illegally manufactured alcoholic beverages."
States can further restrict law based upon federal law. Just because something is federally legal doesn't mean state law also allows it. Alabama and Mississippi both prohibit home brewing. Federal law is silent on the ability to make beer save for the production of such subject to state law.
 
To all of those who took "gay as aids" as though it was a jab on gay people..

I'm not trying to piss people off. I'm not trying to spark a debate about gays or preach intollerance or anything else. I'm here to network with homebrewers and have a good time exchanging information with people I consider unknown friends. That is something a buddy used to say when I was in the infantry; and I've been saying it for the better part of a decade and never had anyone get all hot and bothered over it. I also don't expect to be speaking to the political analysts when I post on this forum. If people seriously got offended by it then I think you're overly sensative; but I will appologize none the less. Please accept my sincere apologies and let's get back to talkin' beer. :mug:

@Cricky101, I'm not "aggressively ignortant." Ignorance with regards to a political stance is purely a matter of opinion and I'll keep mine to myself if you do. :mug:

Again, apologies.
 
I have found the the PROPOSED law in Alabama dictates the maixmum allowed production volume.

The law as it stands right now states that homebrewing is completely illegal. SB 153 is the alabama proposal to make homebrewing legal. :mug:
 
Weizenwerks said:
States can further restrict law based upon federal law. Just because something is federally legal doesn't mean state law also allows it. Alabama and Mississippi both prohibit home brewing. Federal law is silent on the ability to make beer save for the production of such subject to state law.

I don't see how people dont understand the levels of legality. The lower levels of government can be more strict, not more lenient than the higher levels. Eg. Pot illegal federally, but not at some state levels. It's still illegal federally. On the other side, beer is federally legal, but there are dry counties, or not alcohol related, dancing is legal, but Kevin Bacon had all kinds of trouble in footloose!
 
Meh, so back on topic...

I'm sure it is in this thread somewhere, but what exactly is the Alabama law on homebrewing? I've read it is federally legal and was under the impression that federal law trumps state. But "Alabama state statue § 28-1-1 prohibits the possession of illegally manufactured alcoholic beverages."

So, does anyone else from Alabama have any legal experiance to really know how strictly this is enfourced, etc, etc. Just curious, I don't need the cops checking a home invasion and throw me in jail for my homebrew.

I have no legal experience. While the law is generally not enforced... it is against the law. Each time you homebrew in the state, you take a chance. The police don't actively investigate/bust homebrewers for homebrewing, but if they find themselves there for some other reason, or if your activities are too overt, you may have trouble.

I see you're in Auburn. Do you know about the brew club there? They are pretty active and they're working to get the asinine law changed. Let me know if you need contact info.
 
That is the lamest statement I have ever heard! It is the most Un-American thing I have heard in a while.

Ummm...that is completely American. I'm not saying all laws are useful to a developed society such as ours, and efforts could definitely be re-focused towards other more pressing matters, but regardless, as an American, you have rights, but they must be regulated to some extent or else we would be lawless animals...it's human nature. And since your an American, you have the right to leave if you don't like it. Have fun homebrewing in Greenland. :drunk:
 
as an American, you have rights, but they must be regulated to some extent or else we would be lawless animals...

If it can be regulated then it isn't a right; but rather a privilege. And "rights" don't care about your nationality.

From the Declaration of Independence:
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.

Government's proper role is protecting rights, not regulating them.
 
"Of liberty I would say that, in the whole plenitude of its extent, it is unobstructed action according to our will. But rightful liberty is unobstructed action according to our will within limits drawn around us by the equal rights of others. I do not add “within the limits of the law,” because law is often but the tyrant’s will, and always so when it violates the right of an individual." TJ
 
If it can be regulated then it isn't a right; but rather a privilege. And "rights" don't care about your nationality.
...
Government's proper role is protecting rights, not regulating them.

In the abstract, you are correct.

In the actuality, we do not (as a nation) live up to our high ideals.

Basically, we can like it or lump it. Or leave. That's the way it is. :(
 
So, any updates on the guy that was arrested? I have been wondering, but dared not to resurrect this train wreck. Since it happened anyway, I figured I would ask.
 
In the abstract, you are correct.

In the actuality, we do not (as a nation) live up to our high ideals.

Basically, we can like it or lump it. Or leave. That's the way it is. :(

Wow- I hope we don't get infected with this defeatist attitude.

We've had an uphill battle in Alabama fighting anti-beer laws.
Home-brewing, high-gravity, container size, brew pubs.... but we're fighting.

We've won some, lost most.
Each battle won was lost before, a few times.

We won't give up-
 
This thread is not in the political debate forum. Try to keep your comments at least somewhat in line with the OP.
 
Sorry for bringing back this thread but......what was the final outcome? Was the guy ever prosecuted/fined for homebrewing/distilling? It would be a damn shame if he was!!
 
Sorry to drag this back up from the dead, but I'm curious about what ever came from this as well. It appears no one knows. Does anyone know the guy's name? Speaking of Alabrew a few pages back, I'll ask the next time I'm in there, they may know.

Probably the same way headshops aren't illegal in most places. The paraphernalia is only illegal if used for illegal purposes. The items themselves are not illegal.

In regards to Alabrew - Shelby County, Alabama couldn't care LESS about what they sell and what they do. He used to be in Jefferson County (think downtown Birmingham, both of these counties connect). When he was there his business license was listed as a "Hobby Shop". When he made the move to where he is now in Shelby County, he was more forthcoming about what the business sells.

Bear in mind, it's LEGAL in Alabama to make wine under two conditions: 1) you use grapes from vines you own. 2) you make no more than 5 gallons a year. And of course, you can't sell it or feed alcohol to minors.

Anyway, the first few weeks he was open in the new location he got a LOT of cop activity. Eventually he asked what the deal was and why he was getting so much attention since he was operating a legal business. One of the cops told him that they wanted to make sure he wasn't cooking meth, to which he essentially replied with the jist of "what a retarded assumption, who would make meth in the back of a business in a crowded area, much less with a business that supplies home brewing supplies". Eventually, they lost interest.

Apparently cops have never smelled meth cooking. The notion someone could pull off such an activity in the area in question is similar to thinking you could stand in the middle of 15 people packed into an elevator, rip a huge one, and no one hear it or smell it.

There are actually a couple Sheriff's Deputies from Jefferson County that go in there for winemaking supplies that make a HELL of a lot more than 5 gallons a year. He also makes a good point as a defense to being a home brewing supply shop in this state. You can go into any grocery store and buy all the things you need to make alcohol. Selling the ingredients isn't an issue.

I've lived in this state my entire life, home brewing being illegal here is 100% about (tax) money. There is a component of being Bible Belters, but that's such a copout that people that don't live in the south don't understand. Southern Baptists are some of the biggest drunkards in the country. Alabama's politics are pretty corrupt from the top to the bottom. It's ALWAYS been that way and arguably always will be. Even importing beer/wine/whiskey into this state is legal so long as it's ordered either your local ABC store or they're notified of the order, and it's shipped TO that ABC store so that you can pay state sales tax on it.

Law Enforcement doesn't care about your Homebrew set up. Just don't advertise it and use common sense. Politicians, on the other hand, do.
 
They do care about moonshine... They make sure it didn't make you go blind, and then they take it for themselves.

*ALLEGEDLY* ;)

(I used to live in Decatur and work in Huntsville.)
 
There is something in the law here in GA that allows the distillation of moonshine for sale. I was watching something on the History Channel a couple of months ago about moonshine. They were visiting a moonshine museum in N GA and ended by saying they would soon have a license to legally sell the stuff.
 
There is something in the law here in GA that allows the distillation of moonshine for sale. I was watching something on the History Channel a couple of months ago about moonshine. They were visiting a moonshine museum in N GA and ended by saying they would soon have a license to legally sell the stuff.

... well, sure, if they get licensed and pay taxes on the 'shine they make. The legality of moonshine has nothing to do with the Moonshine product itself and 100% to do with the avoidance of the taxman. White lightning itself hasn't been illegal, if the state's getting their cut.
 
but could the alleged "moonshine" just be homebrewed beer?


Thats what I'm thinking. The sherrif in the photo looks ashamed, like he's guilty of knowing it was beer but didn't have the testical fortitude to say so. Some freaking AL DA wants to make his name famous prosecuting a moonshiner. Hope he falls on his face for his arrogance and ignorance and the homebrewer walks away.
 
Not sure about actually posting the guy's name, but from the picasa link near the beginning of the thread there was a name in the album link and DocBrown mentioned part of it again. So using this name in a google search with "homebrew" I find that a person of that name is going to be a brewmaster in a new brewpub that is opening in Montgomery, AL in the coming months. The brewmaster listed in the articles is cited to have brewed beer in Birmingham for 13+ years so most of the pieces seem to fit and point toward this guy. It would seem to me that he didn't go to jail or if he did not long, and he decided to get the hell out of Blount Co. away from the asshat neighbors.

Not sure how specific I really can be about this. Also I am completely unconnected with this situation and just read thru it all this afternoon. Seems to me though that the situation was at least moderately good.
 
Well if that is the case the "accused" would be smart to ask his fellow homebrewers for a donation to his legal defense!! I bet most of us wouldn't mind forking over a few dollars..:rockin:

It's the AHA (American Homebrewer's Assoc) that has been the organized, driving forced behind legalization in the states slow to legalize homebrewing. That's the best bang for your buck if you want to help.

http://www.homebrewersassociation.org/
 
It's the AHA (American Homebrewer's Assoc) that has been the organized, driving forced behind legalization in the states slow to legalize homebrewing. That's the best bang for your buck if you want to help.

http://www.homebrewersassociation.org/

While is the best place to go to help for eventual legalization. I believe he is wanting to help him out directly. I would kick him some cash myself to help with this BS. If anyone knows how to reach out directly to the guy, Post something here and we could put together a fund for him.
 
While is the best place to go to help for eventual legalization. I believe he is wanting to help him out directly. I would kick him some cash myself to help with this BS. If anyone knows how to reach out directly to the guy, Post something here and we could put together a fund for him.

Yea, you're right. In fact, I wonder if the AHA is/could help with his legal bills.
 
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