Alabama Homebrewer Arrested - Page 5 - Home Brew Forums
Home Brew Forums > Home Brewing Beer > General Beer Discussion > Alabama Homebrewer Arrested
Cool Brewing Giveaway - Supporting Membership Drive & Discount

Reply
 
Thread Tools
Old 09-04-2010, 04:50 AM   #41
KCBrewer
Fat Brad
HBT_LIFETIMESUPPORTER.png
 
KCBrewer's Avatar
Recipes 
 
Feb 2010
Independence, MO
Posts: 11,548
Liked 1768 Times on 1666 Posts


Quote:
Originally Posted by ChshreCat View Post
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.


__________________
Quote:
Originally Posted by Randar View Post
I want to see FatBrad's d***.

 
Reply With Quote
Old 09-04-2010, 05:05 AM   #42
pwndabear
Recipes 
 
Mar 2010
buffalo, ny
Posts: 994
Liked 24 Times on 21 Posts


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.



 
Reply With Quote
Old 09-04-2010, 05:12 AM   #43
Shooter
Almaigan Brewing Co.
HBT_LIFETIMESUPPORTER.png
 
Shooter's Avatar
Recipes 
 
Dec 2008
Dublin (No, not that Dublin)
Posts: 4,555
Liked 270 Times on 209 Posts


Quote:
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.
__________________
Of all tyrannies, a tyranny sincerely exercised for the good of its victims may be the most oppressive. It would be better to live under robber barons than under omnipotent moral busybodies. The robber baron's cruelty may sometimes sleep, his cupidity may at some point be satiated; but those who torment us for our own good will torment us without end for they do so with the approval of their own conscience. - C. S. Lewis, English essayist & juvenile novelist (1898 - 1963)

 
Reply With Quote
Old 09-04-2010, 05:14 AM   #44
pwndabear
Recipes 
 
Mar 2010
buffalo, ny
Posts: 994
Liked 24 Times on 21 Posts


Quote:
Originally Posted by Shooter View Post
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.

 
Reply With Quote
Old 09-04-2010, 05:16 AM   #45
Shooter
Almaigan Brewing Co.
HBT_LIFETIMESUPPORTER.png
 
Shooter's Avatar
Recipes 
 
Dec 2008
Dublin (No, not that Dublin)
Posts: 4,555
Liked 270 Times on 209 Posts


Quote:
Originally Posted by pwndabear View Post
Constitutional Law is absolutely first, followed by Federal law, then state, and finally local laws.
Right, which is what I'm getting at.
__________________
Of all tyrannies, a tyranny sincerely exercised for the good of its victims may be the most oppressive. It would be better to live under robber barons than under omnipotent moral busybodies. The robber baron's cruelty may sometimes sleep, his cupidity may at some point be satiated; but those who torment us for our own good will torment us without end for they do so with the approval of their own conscience. - C. S. Lewis, English essayist & juvenile novelist (1898 - 1963)

 
Reply With Quote
Old 09-04-2010, 05:23 AM   #46
northernlad
Recipes 
 
Aug 2009
NW
Posts: 1,618
Liked 27 Times on 22 Posts


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.

 
Reply With Quote
Old 09-04-2010, 05:45 AM   #47
MrWiggles
Recipes 
 
Aug 2010
Tuscaloosa, Al
Posts: 175
Liked 3 Times on 3 Posts


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.
__________________
Quote:
Originally Posted by Yooper_Brew View Post
I wanted to make beer at home, but everyone told me it was too hard.

I took up nuclear physics instead.
Broom Closet Brews

Primary: Empty :(

Clearing Apfelwein

Bottled: Apfelwein mit Pfirschen, Mild w/orange&chocolate

R.I.P. Bareknuckle Brown, Witzbold Weizen

 
Reply With Quote
Old 09-04-2010, 05:50 AM   #48
NorCalAngler
Recipes 
 
Feb 2010
Roseville, CA
Posts: 699
Liked 6 Times on 6 Posts


Quote:
Originally Posted by Shooter View Post
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:

Quote:
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.
__________________
Drink what you like and share when you can. Support your local breweries.

 
Reply With Quote
Old 09-04-2010, 05:57 AM   #49
pwndabear
Recipes 
 
Mar 2010
buffalo, ny
Posts: 994
Liked 24 Times on 21 Posts


Quote:
Originally Posted by NorCalAngler View Post
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.

 
Reply With Quote
Old 09-04-2010, 06:05 AM   #50
LeadFarmer
Recipes 
 
Sep 2010
SweetHome
Posts: 21

Any one ever think he traded a buddy some Beer for some Moon shine?



 
Reply With Quote
Reply
Thread Tools


Similar Threads
Thread Thread Starter Forum Replies Last Post
Alabama Homebrew Legalization brewagentjay General Beer Discussion 247 04-30-2012 01:15 PM
Homebrewing in Alabama wheeble General Beer Discussion 10 12-16-2009 04:35 PM
Gift ideas - from homebrewer to a homebrewer kunstler General Beer Discussion 13 11-11-2009 10:18 PM
One reason why I'll never live in Alabama.. chumprock General Beer Discussion 42 09-27-2009 11:56 PM
Alabama is messed up niquejim General Beer Discussion 7 04-18-2008 12:14 PM


Forum Jump