Homebrewing in NJ ILLEGAL w/o permit!!!

[Dave R]

I know Bill. I'm the one that met you there in Birmingham. Stange isn't it...they allow the selling of parts, pieces and ingredients, but won't allow homebrewing?
They did say no one has been procecuted since the 50s though.

 

[homebrewer_99]

I know Bill. I'm the one that met you there in Birmingham. Stange isn't it...they allow the selling of parts, pieces and ingredients, but won't allow homebrewing?
They did say no one has been procecuted since the 50s though.

Strange, Dave...homebrewing didn't become legal again until 1978-9...what are you thinking about...???

How's the $2 pint nights at the Fox and Hound? Still crowded? Say howdy to the guys at the store.

Glad you're still around.

 

[Dave R]

Just quoting the website, Bill.
Here's the quote:"Alabama case law illustrates a historical trend in which the court has held homebrew to be a prohibited liquor. Up until the 1950s certain individuals have been convicted for the unlawful possession of prohibited liquor.

So I don't know what to think.

I haven't been to F&H lately, nor down to the HBS, but I'm starting a new driving job tomorrow and should be able to be home every night from now on and have 2 days off. Things are looking up.

 

[homebrewer_99]

I was down there the week before the 4th, but was very busy at the depot and didn't have time to have any fun.

 

[BrewProject]

I was down there the week before the 4th, but was very busy at the depot and didn't have time to have any fun.

just out of curiosity, does this mean 6,015 brews

#6015-Pumpkin Pale Ale

 

[homebrewer_99]

No. It's the 15th brew of 2006. It's from the Julian calendar we use in the military.

I know I'll never one more than 999 brews in a year so I could have dropped one of the zeroes, but I've been using 4 characters for 30 plus years it's second nature.

Last year I brewed 21 or 22 batches so they were 5021 and 5022 respectively.

 

[BrewProject]

No. It's the 15th brew of 2006. It's from the Julian calendar we use in the military.

I know I'll never one more than 999 brews in a year so I could have dropped one of the zeroes, but I've been using 4 characters for 30 plus years it's second nature.

Last year I brewed 21 or 22 batches so they were 5021 and 5022 respectively.

cool, i know you are one of the experienced brewers around here. i was just wondering....

21/22 batches a year, damn strong ratio!!! :rockin:

 

[homebrewer_99]

cool, i know you are one of the experienced brewers around here. i was just wondering....

21/22 batches a year, damn strong ratio!!! :rockin:

...and I was on the road 22 weeks last year. I haven't traveled that much this year. I've been out for 11 weeks so far this year and on 6016 or 17 now.

 

[Toilet Rocker]

Didn't know about this...now I know what i have to do this weekend...BREW!

 

[cowain]

without any knowledge of the text of the law, i doubt the federal law disallows states from somehow regulating homebrewing...

(it's always good to start a statement by essentially saying "i don't know wtf i'm talking about, BUT.....")

I just wrote my law review article on arbitration (obviously not the same as homebrewing) but preemption of state law by federal law was a big deal in the note. Virtually all state arbitration laws have been held by the U.S. Supreme Court to be preempted by the Federal Arbitration Act. I'd apply similar logic to this situation and say that the state laws governing homebrewing have been preempted by the federal law governing the field.

 

[BrewProject]

I just wrote my law review article on arbitration (obviously not the same as homebrewing) but preemption of state law by federal law was a big deal in the note. Virtually all state arbitration laws have been held by the U.S. Supreme Court to be preempted by the Federal Arbitration Act. I'd apply similar logic to this situation and say that the state laws governing homebrewing have been preempted by the federal law governing the field.

obviously Federal Law preempts State Laws in some other cases as well.

Two of them being Medical Marijuana and Alcohol Prohibition back in the 20's. (although I am not sure that there were State Laws that went against Federal Prohibtion Laws, I am sure there are States today with Medical MJ Laws that the Federal Govt thumbs it's nose at).

 

[EdWort]

I lived in Utah for 5 years and it's illegal there too. No brewing without an ABC permit, and in Mormon country, that's a tough permit to get, especially in Provo.

Screw em, I brewed anyway and always had 8 carboys in my basement bubbling away with something. My kegerator was in the garage with a great sticker on it.

On the 8th Day, God created BEER

 

[homebrewer_99]

I lived in Utah for 5 years and it's illegal there too. No brewing without an ABC permit, and in Mormon country, that's a tough permit to get, especially in Provo.

Screw em, I brewed anyway and always had 8 carboys in my basement bubbling away with something. My kegerator was in the garage with a great sticker on it.

On the 8th Day, God created BEER

Well, he should have destroyed NJ! Dang Quakers!!

 

[matt c]

How's the $2 pint nights at the Fox and Hound? Still crowded?

mmmm good ole pint night at the fox. yes its always crowded.



p.s. **** NJ

 

[EdWort]

I loved being an Outlaw during my brewing days in Utah. It's still illegal there.

As for paying the state of New Jersey for the privilege of making my own beer, I'd simply ignore the statute just like loads of folks in Utah do.

I don't know how the folks in NJ put up with all that crap and the taxes.

 

[feedthebear]

Maybe I'm lucky all homebrewing is illegal in Utah. The state doesn't want or expect anything from me doing it and it is too small of a crime for any cop to investigate.

 

[iamjonsharp]

Ah New Jersey, the armpit of America.

 

[Mustangfreak]

I was thinking about cross training into a KC-10 boom operator. Only problem was they are only at 2 bases. One in California, San Francisco to be exact. I hate Cali. OVer populated, over rated, over priced.

The other base is in NJ. I'd be more then happy to go to Cali over NJ.

But thankfully I'm back in good ol' Texas!

 

[Bobby_M]

Ok, ok, enough with the jersey bashing. I'm 31 years old and lived here my whole life. There are plenty of things to complain about but here's a list of things I've never had to deal with:

1. Hurricane
2. Tornado
3. Flood
4. Earthquake
5. Massive school shooting
6. Terrorist attack
7. Wildfires
8. Bad draught

All this crap seems to happen elsewhere. I don't know, the taxes don't seem all that bad.

 

[Soulive]

Ok, ok, enough with the jersey bashing. I'm 31 years old and lived here my whole life. There are plenty of things to complain about but here's a list of things I've never had to deal with:

1. Hurricane
2. Tornado
3. Flood
4. Earthquake
5. Massive school shooting
6. Terrorist attack
7. Wildfires
8. Bad draught

All this crap seems to happen elsewhere. I don't know, the taxes don't seem all that bad.

+ 1...and if Jersey sucks so much, why do so many people live here/want to live here? Why do so many people come to our beaches to vacation?

 

[Bobby_M]

+ 1...and if Jersey sucks so much, why do so many people live here/want to live here? Why do so many people come to our beaches to vacation?

..and eat our pinnapple and make our sisters clean your hotel rooms. Oh, wait, that's Hawaii...but then there's the volcanos to deal with.. (wasn't that a classic scene in 50 first dates? Rob Scheider is awesome).

 

[Evan!]

Ok, ok, enough with the jersey bashing. I'm 31 years old and lived here my whole life. There are plenty of things to complain about but here's a list of things I've never had to deal with:

1. Hurricane
2. Tornado
3. Flood
4. Earthquake
5. Massive school shooting
6. Terrorist attack
7. Wildfires
8. Bad draught

All this crap seems to happen elsewhere. I don't know, the taxes don't seem all that bad.

Duh, of course non of those things happen there, because they all know better than to spend any time in Joizey . BTW, I'm quite sure that there floods and fires and droughts there at various points in time. I mean, I've personally never had my house burned from a wildfire, but I know that they do happen in VA.

And just wait...Jersey and NYC are due for a nice fat earthquake soon. Mega Disasters said it, so it must be true.

 

[Evan!]

Virginia code Title 4.1, Chapter 1, § 4.1-200 provides that any person may manufacture at his residence or at a gourmet brewing shop for domestic consumption at his residence, but not to be sold, dispensed or given away, except as hereinafter provided, wine or beer or both in an amount not to exceed federal law.

[...]

Any person who manufactures beer in accordance with this subdivision may remove from his residence an amount not to exceed fifteen gallons of such beer on any one occasion for (i) personal or family use, provided such use does not violate the provisions of this title or Board regulations; (ii) giving to any person to whom beer may be lawfully sold an amount not to exceed seventy-two ounces per person per year, provided such gift is for noncommercial purposes; or (iii) giving to any person to whom beer may lawfully be sold a sample of such beer, not to exceed two ounces by volume for on-premises consumption at events organized for judging or exhibiting such beer, including events held on the premises of a retail licensee. Nothing in this paragraph shall be construed to authorize the sale of such beer.

So it's illegal for me to serve any friend or acquaintance of mine more than a sixer per year?

Man, I really REALLY love the ridiculous inanity of Bureaucracy. I wonder what the discussion was like that led to them concluding that a sixer was okay, but anything more was bad for society.

 

[the_bird]

Wait, you've never dealt with a hurricane in Jersey?

As to the flooding issue.... where's that thread on global warming?

No bad "draught" in Jersey, either?

 

[Evan!]

Wait, you've never dealt with a hurricane in Jersey?

As to the flooding issue.... where's that thread on global warming?

No bad "draught" in Jersey, either?

Yeah, and it never rains on the weekend...and the whole state smells like flowers...and nobody litters...and there's no pollution...

 

[Soulive]

Wait, you've never dealt with a hurricane in Jersey?

As to the flooding issue.... where's that thread on global warming?

No bad "draught" in Jersey, either?

No bad "draught" only loads of bad "draft" in NJ

 

[Bobby_M]

I'm not saying everything is perfect here but it's a state that gets bashed quite a bit while there are plenty of other places that have their share of problems.

Cali has the catastrophic earthquakes every few decades and every year 1000 acres are burned, sometimes taking whole neighborhoods out. Louissiana was underwater for about a year. The entire gulf coast has to deal with a bad hurricane almost every fall.

Ok, maybe a hurricane made it into the state once or twice but here it's more like a windy thunderstorm. Maybe a few cars hit with tree limbs and a couple downed wires. Even the winter weather isn't bad. We don't get much hail and the deepest snowfall in my lifetime happened in 96 with like 20" in an overnight.

 

[jezter6]

http://www.fema.gov/news/newsrelease.fema?id=13225

Who said it doesn't flood in Jersey?

 

[Bobby_M]

Compare those numbers to almost any other shore state.

State Number of disaster declared
1 Texas 81
2 California 73
3 Florida 59
4 New York 56
5 Oklahoma 53
6 Louisiana 53
7 Alabama 46
8 Kentucky 45
9 Ohio 43
10 Illinois 43
11 Pennsylvania 42
12 Mississippi 42
13 Arkansas 41
14 West Virginia 40
15 Washington 40
16 Missouri 40
17 Minnesota 40
18 Virginia 39
19 Tennessee 38
20 Iowa 37
21 North Dakota 36
22 Kansas 36
23 North Carolina 35
24 Nebraska 35
25 Indiana 32
26 Wisconsin 31
27 Maine 31
28 Georgia 31
29 Alaska 31
30 South Dakota 27
31 Vermont 24
32 Oregon 24
33 New Jersey 24

I don't really want to go into a big debate. Let me sum it up by saying that all things considered, NJ doesn't really deserve the level of bashing it receives. It's not the ideal place to live, but it's far from the worst.

Another tidbit, Central NJ has one of the lowest occurances of dangerous wildlife in the whole country. We have no poisonous snakes, very few spiders, no scorpions, etc. We do get the occassional shark attack. It's actually funny that my wife is terrified of snakes and she has no idea how much of a non issue it is when I run a northern brown over with the lawnmower.

 

[Mustangfreak]

Ok, ok, enough with the jersey bashing. I'm 31 years old and lived here my whole life. There are plenty of things to complain about but here's a list of things I've never had to deal with:

1. Hurricane
2. Tornado
3. Flood
4. Earthquake
5. Massive school shooting
6. Terrorist attack
7. Wildfires
8. Bad draught

All this crap seems to happen elsewhere. I don't know, the taxes don't seem all that bad.

I'll deal with the tordado's and draughts to live in my home state. Texas is worth it. :rockin: