hoppymonkey
Well-Known Member
anybody heard any updates on this?
Does too much home brew lead to poor taste and inappropriate responses? You decide.
http://www.youtube.com/watch?v=metNk_1hhvs
"Well they finally filed charges, and as I expected for "Alcohol Distill
(F) 028-004-024" as specified in the warrant. Which covers any alcoholic
beverages produced whether distilled or not.
Section 28-4-24
<http://alisondb.legislature.state.al.us/acas/CodeOfAlabama/1975/28-4-...>
*Distillation or manufacture of prohibited liquors and beverages.*
Distillation or manufacture of prohibited liquors and beverages.
Any person, firm or corporation who shall, within this state, distill,
make or manufacture any alcoholic, spirituous, malted or mixed liquors
or beverages, any part of which is alcohol, shall be guilty of a felony
and, upon conviction thereof, shall be punished by imprisonment at hard
labor in the penitentiary for not less than one year nor longer than
five years, such imprisonment to be fixed within these limits by the court.
/(Acts 1919, No. 7, p. 6; Code 1923, �4627; Code 1940, T. 29,
�103.)/
I turned myself in yesterday, and luckily without any hassle. Bond was
set at $5000, and made bail just after processing with a property bond.
The court date is set for the 6th of October. So I can at least go to my
house and clean up the aftermath, and replace my front door.
So with the charges filed as they are, it's maybe best to not involve
the homebrewing associations. However, I'd be willing to except help on
a personal basis if anyone so desires."
It's an odd law. How many other things are illegal only when you make it yourself?
my 2c on the report is first, homebrewing in Alabama is illegal. So he, was breaking the law. Suppose he was not distilling, then where did the 8 gallons of moonshine come from? The conical would make a great pot still by simply adding some elements. The sheriff must know something about moonshine because the report mentioned the "bead". I respect the brewer for being a Vet but even so, the law is the last word when it comes to what we can and cannot do. Firearm found at an illegal site, even though legal, always adds to the alleged crime. I think he'll be learnig how to do stuff worse that making beer at home for the next few months, if he doesn't get probation.
"The firearm found at an illegal site, even though legal, always adds to the alleged crime"?????????? Are you kidding me????????? I don't see any bodies in the fridge. So why don't you educate me as to exactly how the possession of firearms (a constitutional RIGHT) makes his crimes any worse????
The fact that the sherriff added the scopes/firearms in only shows what a POS he is trying to make a war veteran who fought for your freedom look like a mexican drug runner.
QUOTE]
I don't think the poster was saying the firearm made it worse but it adds fuel to the fire.
Going back to the Federal law part of all Fed Law supercedes state laws, this is false. Look at the 2nd Amendment: yup dosen't apply in NY or California to name a few. Seems our constitution has become more of a guideline :/ If I were him I would make it known to the jury that it is legal in all other 48 states and has caused zero problems etc and fight to not get the felony.
As for the homebrewing bust it is STUPID. A felony to make a beer? Are you kidding me, and look at that sheriffs face, looking like he has a jar of heroin. Hideous excuse of an American and even though I live in New Mexico I feel very compeled to let that Sheriff know how I feel about him.
If I were him I would make it known to the jury that it is legal in all other 48 states....
I have mixed feelings about this. Thankfully I live in Georgia where I can brew beer. Do I agree the distilling laws, no I think they are out dated. I think that if the government could come up with a way to control and taxing it then it would be legal. Like taking a government required course on distilling, test, and purchasing a home distillers license at an affordable price. We had to take a driver's course and test, then purchase a license. Why not do the same for distilling? And just think of the extra jobs it would create. But until distilling is legal, I will stay clear of it. Besides I hear the food and view out the bars sucks!
I have mixed feelings about this. Thankfully I live in Georgia where I can brew beer. Do I agree the distilling laws, no I think they are out dated. I think that if the government could come up with a way to control and taxing it then it would be legal. Like taking a government required course on distilling, test, and purchasing a home distillers license at an affordable price. We had to take a driver's course and test, then purchase a license. Why not do the same for distilling? And just think of the extra jobs it would create. But until distilling is legal, I will stay clear of it. Besides I hear the food and view out the bars sucks!
I went to a home brew club meeting yesterday and probably drank less than 16 oz total
"The firearm found at an illegal site, even though legal, always adds to the alleged crime"?????????? Are you kidding me????????? I don't see any bodies in the fridge. So why don't you educate me as to exactly how the possession of firearms (a constitutional RIGHT) makes his crimes any worse????
The fact that the sherriff added the scopes/firearms in only shows what a POS he is trying to make a war veteran who fought for your freedom look like a mexican drug runner.
QUOTE]
I don't think the poster was saying the firearm made it worse but it adds fuel to the fire.
Going back to the Federal law part of all Fed Law supercedes state laws, this is false. Look at the 2nd Amendment: yup dosen't apply in NY or California to name a few. Seems our constitution has become more of a guideline :/ If I were him I would make it known to the jury that it is legal in all other 48 states and has caused zero problems etc and fight to not get the felony.
As for the homebrewing bust it is STUPID. A felony to make a beer? Are you kidding me, and look at that sheriffs face, looking like he has a jar of heroin. Hideous excuse of an American and even though I live in New Mexico I feel very compeled to let that Sheriff know how I feel about him.
The US Supreme Court has ruled and upheld that no municipality or state can ban the purchase or possession of firearms. In fact, they have overturned lower court rulings that stated as much. There are no enforceable laws in California or New York that ban ownership od guns.
Look at the 2nd Amendment: yup dosen't apply in NY or California to name a few.
Federal Law superceded all State Alcohol Control laws after Prohibition. The "Law" prohibiting brewing in Alabama is "illegal". Imagine that.
Let me offer some clarification on this subject. Those of us in the homebrewing circles in Alabama have been following this closely for a while. We've been hesitant to say much until we found out more facts about the case. First, homebrewing of beer is a felony in the state of Alabama. In some ways, the fact that it is a felony is a protection since law enforcement is going to be somewhat reticent in sending an otherwise upstanding citizen to jail for a relatively harmless crime. So, we (the group behind the homebrew legalization effort) have been trying to decide what position to take on this situation:
1) If distillation is really involved, it poses a major problem to our legalization efforts since some of our opponents are trying to associate homebrewing with moonshining. In this case, we would need (at an organizational level) to distance ourselves from this guy and assure the powers that be that he is in no way representative of the rest of us. (I am speaking only of the organizational level and not of our personal feelings about the guy and the individual desire to support him.)
2) If there is no distillation involved, he could potentially serve as a cause celebre in our legalization efforts. After all, what elected representative wants to see a guy who has faithfully served our country in two tours in Iraq thrown in jail just for enjoying a hobby that is legal in 48 of the 50 states?
Now, some additional facts: (These should be considered hearsay for legal purposes. I have them from someone who has spoken directly to Kade, the person in question.)
1) Kade has rightly been advised by his lawyer to keep quiet since the prosecution has a right to use anything he says. As such, you won't see any direct statements from him showing up in public forums. This is the major reason that there is little clarity on the issue.
2) Kade has been a longtime resident of Blount County, and there are longstanding feuds between some of the families there. It has been alleged that one of his neighbors that had a grudge against him reported to the cops that he was manufacturing meth. In the course of visiting his property, the cops supposedly spotted his brewing equipment through the window and got a warrant to raid his house.
3) There was a small still on his property along with a quantity of ethanol. Kade said that he has not distilled any liquor and the ethanol they found was given to him by someone else. In fact, he was intending to experiment with converting his farm equipment over to run off of ethanol.
Federal Law superceded all State Alcohol Control laws after Prohibition. The "Law" prohibiting brewing in Alabama is "illegal". Imagine that.
Captain, Scooby,
I am not a consitutional attorney, (however, I am a criminal attorney and am also homebrewer), and I can tell you this arrest will likely be challenged and overthrown or simply thrown out. No, I am not misreading Federal law.
First, State Law is superceded by Federal Law where no State Law "pre"-exists, however the Feds have made it clear in matters of substance control that Federal Law will be enforced. For instance, certain substance legalalization Laws in CA have repeatedly been challenged and struck down in the 9th Circuit. Also, the changing nature of brewing laws in Alabama after prohibition nullify precedent, in other words, Federal ABC Laws concerning the brewing limits and alcohol "mash" are, in fact, the law in Alabama.
May I ask why it is that you seem to misunderstanding the Law? What is your position and point in this matter?
Unfortunately the law has become a political maneuvering game rather than precedent logic as most of the public is led to believe. This sounds like a closed door case if there every was one.
Scooby, you appear to have very strong sterotypical opinions about our Southern culture. Being from Michigan I can tell you that you have no claim on education, wisdom, or forward thinking, (to be sure). I've met Union Marathon workers from Detroit that barely graduated from elementary school who could neither read nor write, (a girlfriend's father and mother from my undergad).
Having lived all my life in NC I have never met anyone who was illiterate here in this State. I can assure you your MI level of intellect does not approach this country boy's intellect here in NC. Maybe you should cease and desist your improper stereotype while you're ahead?
Federal Law superceded all State Alcohol Control laws after Prohibition. The "Law" prohibiting brewing in Alabama is "illegal". Imagine that.
Some of you may have not read the whole thread. In bold is a little tidbit that is illegal in all states. It's a real sore spot in Alabama and the biggest problem with brewing legalization there. I reiterate my other post in this thread--this guy did a big disservice to homebrewers in Alabama.
Federal Law superceded all State Alcohol Control laws after Prohibition. The "Law" prohibiting brewing in Alabama is "illegal". Imagine that.
Enter your email address to join: